. >> a deadly and brazen attack, right now, israeli police are searching for the shooter who killed two people and wounded several others in tel aviv plus, the danger level quickly rising in parts of the mid-west this morning, officials in illinois warning a second levy could be breached as the mississippi river overtops its banks out with the old, in with the new, and for several positions here, the new spaces occupied on the presidential campaign for dr. ben carson. three top staff quit. we are one month from the iowa caucuses. will the new campaign manager will able get a much needed

boost in the polls? your "new day" starts right now. >> good morning, everyone, happy new year. i'm alison kosic in for kristi paul. >> i'm victor blackwell, good to have you here. our first show of 2016. we go inthis morning in israel, where there is a manhunt under way right now following a deadly new year's day shooting that left two people dead, several other injured. the gunman is on under surveillance cameras. we will see him in a moment, pulling out a weapon, firing into crowds, gathered on a popular road there, for bars, restaurants on that street. >> the shooter is reportedly a 29-year-old israeli arab, according to local media, it was his father who identified him from security footage. right now, though, police are scouring the city and putting up road blocks trying to find the

killer. ian is following this live in jerusalem. have police announced more details this morning at this point? >> good morning, police are still very much on this mon hundr man hunt. they consider him dangerous. they believe he is possibly in the tel aviv area, but there's really not much more the police are saying right now. they have issued a gag order. this is a halt to all new details of this investigation being released by the media to the public. but from what we heard last night, they are still unsure whether this is a criminal act or a terrorist act. although the police spokesman of the israeli police have said that they are leaning towards a terrorist attack. >> okay. so if there is a manhunt going on and this all out push to find this guy, why this gag oered?

isn't that been to hinder the effort to find him? >> you may remember a little while ago, late last year, when the belgium police asked people to not tweet the details of their movements, of their investigation in order not to tip off the suspect, this is something similar that we see here as well, where they don't want the suspect to hear media reports speculating where the police are searching, what they are searching for, really to put this investigation into darkness, so that the suspect doesn't learn anything and so that they can hopefully capture him quicker, but they still very much see this person as a threat. but despite that, they are telling people in the tel aviv area to go about their normal looiv life, but to be a bit more cautious. >> for them to be on the thanks for that update. lee, - >> all right. so, police have not yesterday determined as you heard there from ian's report the motive for this attack. but they have fought ruled out

terrorism. let's talk now with terrorism expert for the asia pacific foundation and a cnn law enforcement director john fuentes. john, there have been several attacks on israeli citizens, there have been several palestinians who have been kill. this in the past couple of months. this has been described as quote/unquote bizarre. does this fall into the profile the mold of the other attacks we've seen recently? what are your impregs of what we have seen in the past 24 hours? >> well, victor, in terms of tactic, that's not unusual we seen target on israeli dissidents before. what is strange in this the australian authorities have not been able to establish a motive. the firemen stopped and disappeared from the scene. again, that's 16 seen unusual

compared to previous times of incidents. more investigations are required. the israeli, themself, are being cautious, which illustrates perhaps there could be another motivation for i. it could be ideological. keep in mind abu baghdadi recently mentioned israel for the first time. we see more plots emanate when isis leaders talk. >> what is your impression about this gag order regarding the shooting in. >> i find that to be a little unusual compared to what we do in the u.s. him i think if we in most of these location, if we have someone identified in the interest of public safety, we put the description out. you give the public something to be aware of and it enables people that know the subject to possibly phone in leads as to where he may go. >> well, i find it unusual to not do it. i know many countries do operate that way. israel i know the united kingdom

does the same thing. they're very reluctant to put out any description or identifying details of a suspect. it's a little different than how we do it here in the united states. >> back to you, ian reporting that the security in tel aviv is not that much different, hasn't been celebrated in any sense of the word. are you surprised by that? >> it's not unusual forisse real, unfortunately, it's normal for them to experience spikes in violence on occasion. it's the normal dynamic for them in the region, even though acts of terrorism do occur, the israelis seem to be able to adjust it to and get on with their lives, it's perhaps strange for us in the west that these incidents seem to be occur so frequently, but unfortunately, terrorism, wherever it is, is something that is now beginning to raise its ugly head, there are so many in europe and north america.

unfortunately, it's becoming the new normal. >> what's this work that's happening now to determine if this is either a criminal act or an act of roar? what does that look leak as they try to get an answer in. >> i think if they identify who this person is from the father, that should come quickly to them what the motive might have been. they will know if they are dealing with somebody that has mental problems and a variety garden psychopath than the individual may have expressed anti--israel or other sentiment that indicates he would be leaning towards a terrorist act. >> thank you both. we will continue to discuss this throughout the morning. next hour, we'll have you to talk about what likely will be israel's response if we see escalation there. thank you, both. >> thank you. >> flood warnings now in effect for 8 million people in

missouri. just beginning to recover after neighborhood, highway, schools and shopping centers were all flooded this week. let's go to cnn allison chin ch chinchar. you know that water is there. you hope people are getting out of the way. >> the problem is there is so much of it that's out there again that's causing so many problems for a lot of the folks that are in those areas. >> you live in the water, you can expect everything. >> reporter: several interstates are now back opened in the st. louis area. the recovery, just beginning from flooding triggered from a downpour last week. up to ten inches of rain falk in some areas of missouri. water levels have fallen several feet. but many homes are still far from drying out. those who live here say they've

never seen this before in december. >> not in my lifetime here, no. >> as they watched the flooding in missouri, those downriver began stacking sand backs knowing it's only a matter of time before they get hit. >> we get to deal with it once it hits illinois. >> rivers in illinois are running 15 to 20 feet above normal level him more to come. two teens swept away. one body has been found. the search continues for the other teen. >> our best guess is they both swam out and the water was too high, moving to fast to battle that current for very long. >> as illinois governor bruce browner tours the damage the beam that live here know it isn't over yet. >> we are keeping an eye on the water, even tow the problem has finally hit is peak in st. louis, that's not the case for

the folks down stream. look at all of the rain we had over that ten-f day stretch. a lot of areas picking up just under 20 inches of rain. that's too much. now this highlights the entire basin that sits here. so all the rain you see here has to flow down into the mississippi eventually. it can come from various different mace, the ohio river, the missouri river the arkansas river. they all at some point go back down into the mississippi. st. louis crested yesterday. so they are no longer going to rise, which is great news. they can finally start the recovery, knowing that water will continue to go down. down stream, it's a different story. they have yet to chretien. cape girardo has broken its record. further south, memphis and pine bluff not only is the crest expected several days out, but a

again, they may have to open the spillways to alleviate the pressure. they can get to grooens greenville, vicsburg, natchez. any rain you experience could cause these chretien numbers to skyrocket if we end up getting two orally the inches of rain in that event. then we go further down, talking baton rouge and new orleans. you mentioned flooding in new orleans. it's not something they expect to hear. baton rouge expected to get to 14 fee. notice new orleans is only action phase t. reason is they have the spillway here. that if it starts getting really bad coming through baton rouge, they do have some way of alleviateing the pressure. even still, allison, they have to watch it closely. any rain we get in the next 14 days could make or break whether or not that spillway is able to help improve it even the

slightest. >> it's the weather event everyone wants to go away. thanks so much which are just getting started here on your new day. dr. ben carson is open for a fresh start in 2016 after losing three top chances, three top ten aims, managers and directors i should say, dropping 3rd in the polls. hear how his new campaign manager plans to boost those numbers contaminated blue bell ice cream. a big story in 2015. now the feds are involved investigating the company's handling of the wisteria outbreak. >> singer natalie cole has died, leaving behind a legacy of unforgettable music. >> i think the only thing i have left, larry, my voice. god didn't take my voice. he took my health for a minute. you know, you be my voois voice was still there ♪ i missed you like crazy ♪ i missed you like crazy ♪ no matter what i say or do

♪ there's just no getting over you ♪ .

>> everything's on the table, we're constantly looking at

everything, looking to see if there are ways to improve things, you know, if there are personnel changes that need to be made, everything is on the table. >> well, it's 2016. that means we are officially in an election year an presidential hopefuls are kicking their campaigns into i don't have all important iowa caucuses is - weeks away. >> yes, just 29 days now. candidates are making the most of precious time left, others ens enforcing the message others seemingly having total new campaigns now. cnn has the latest. >> hey, good morning, victor, allison, welcome to the first political day of a presidential election year, after a range of a campaign in 2015, the political world took time off new year's day to recover, the first voting weeks away. a number of republican presidential candidates are back on the trail. >> we will have a great time

next year. it will be an amazing year. we will make america great again. we will do everything in our power to make sure that happens. >> donald trump has been off the campaign trail the last few day, but that hasn't stopped him from going after his rivals on twitter. >> i would feel sorry for jeb bush and how badly he is doing on his campaign other than for the fact he took millions of money on hit ads. he changed ads in south carolina and moving to key early states to try to cut into trump mentum. >> he's not a serious candidate. he has a broad appeal. it may not be as deep as people imagine. so we're going to put together a ground game if you will in iowa and new hampshire and here in south carolina that i think will be second to none and that's how we'll do, we'll win and we're going to do well. so i'm excited about it. >> reporter: trump leads by wide margins in national polls, but

his lead in iowa is more disputed with the iowa caucuses less than a month away, ted cruz is gaining on the billion fair. the republican senator is up with an ad there selling his conservative credentials and he starts a six-day iowa bus tour on monday. to help cruz's rise to stay on top. trump says he will spend at least $2 million a week on his own advertising. >> i'm going to be doing big ads in iowa, new hampshire, south carolina and they're going to be very substantial and i think they're very well done. i've seen the first two or three of them. we're very proud of them. we're going to be talking about a lot of things, including the border, including trade, including isis and security for the crown. and ben carson rang in the new year with a new cast of advisers, as three top aides resigned on new year's eve t. struggling conand theer promised to reinvigorate his campaign ahead of iowa caucuses.

democrats are also getting back on the campaign trail. bernie sanders is in new hampshire. on sunday, hillary clinton makes several stops in the granite state on monday former president bill clinton makes his first solo appearance on the campaign on his wife's behalf. victor, allison. >> thank you so much. cnn political commentator errol lewis is with us live in des moines, iwest virginia let's start with ben carson's campaign shakeup. xhain campaign manager, commune cakes director, among others are out. the latest cnn-orc poll has the one time front runner sitting in distance 3rd place here. tied with marco rubio. 29 days until iowa. can he turn it around? >> that's what we will find out, victor. the conventional wisdom holds there are three tickets out of iowa. meaning, the top three finishers

are considered viable to go on to new hampshire, nevada and of course the big main event super tuesday on march 1st. so ben carson's campaign is really trying to make sure he's in that top three and what that means is they don't have to sort of get back to where they were in november when they were lien leading everybody, including donald trump. but they do have to make it into the top three. i think that's what the campaign shakeup is really about. that's what the reorganization of both the campaign and the strategy is going to focus on. >> so let's talk about strategy. because we know that from armstrong williams, dr. carson's business manager, close friend for a long time, says and this is a quote here, that there will be more fire in carson's belly because some people confuse soft spokenness with not being strong enough. however, what a lot of voters like about dr. carson was his demeanor. i guess he gambles with the idea of being seen as authentic.

>> i don't know about authenticity, victor. it's a good point, though. his style has to change. i got to make the point in a piece that will pop up on cnn any minute now. he is really doing what a lot of outsiders have to do, which is decide whether or not they want to stay outsiders, where you sort of play by your own rules and you ignore the bakes of the politics or do you do a little bit of gravitateing towards the center? i mean, donald trump's rise has made clear that voters are looking for some fire in the belly. they're looking for a little bluster, tough talk. ben carson, his new campaign, you know, sort of 2.0 is signaling, okay, he's going to play that game. he will talk to people in the way they want to see. they want to see some passion. you know, the way it works, victor is, you spend all your time on organization for the caucus, you try i to get everything together. you hope to catch fire in the closing weeks. that's really what this last four weeks sprint itself is going to signify.

what ben carson is trying to do is catch fire. you don't do that by being soft spoken. so he's going to have to make a change. he's signal, yeah, i want to win this thing. i don't want to be the guy that everybody likes. i want to be one of those three tickets out of iowa. >> so the question has been strategy. you know, if you allow ben carson to be a little more aggressive than he has been. we saw that tweet that, joke from rand paul, he doesn't have anything negative to say about ben carson. he hasn't heard anything e anything in the last several debates. is the question here the problem of the campaign or the candidate? who is making the mistakes up to this point that caused the doctor to drop down to 3rd place? >> reporter: well, you no at the way it works, the candidate always has to take the responsibility. to the extent this is an administration in embryo, you want that to be the case. you want to leader to sort of take the responsibility. i think they've had some bad breaks t. carson campaign, themself, have acknowledged

world trade center terrorist attacks in san bernardino and in paris, he was caught a little flat footed in an area that even he had to act knowledge is not his main stream experience, foreign policy an defence policy so part of the shakeup that really matters is not so much the new campaign manager but the new campaign chair, the retired major general who was one of the leaders, i think he was the number two or three one u running the 101st airborne division, a major important guy, a defense adviser to carson for many years is going to be the guy is the chair of the campaign, forward looking public faith of the campaign. so this is his way of saying, yeah, i got to do this a little differently. i go to the make um up some lost ground. >> 29 day, we'll see if he can do i.er roll lewis, thank you so much. >> reporter: thank you. the blue bell ice cream coming back on the shelves to many states this month after a deadly wisteria outbreak. find out why a criminal investigation has been launched against the company that was

involved in that outbrea. plus, russian president vladmir putin says that to is a huge threat to his country. the steps putin is taking to protect russia against this quote/unquote enemy.

♪ >> we're hoping that funeral services have not net been announced for singer natalie cole. she died of heart failure on new year's eve. her death touched off an outpouring of sympathy and condolences from fans all over the world. the daughter of naat king cole. one of her biggest hits you remember 1991 the duet with her father "unforgettable." >> she will be remembered. >> cnn has learned a devastating hotel fire if dubai on new year's eve apparently began on the 20th floor when curtains caught fire. flammable material on the outside of the address luxury high rise allow the plane to quickly spread up the side of the building. about 16 people were treated for minor injuries. no deaths were reported we are getting our first look this morning at the mexican

resort where the so-called affluenza teen ethan couch and his mother were hiding out. couch fled after an alleged probation violation is still in mexico fighting deportation. two years ago, he killed four people in a dunk and driving accident but was given probation. >> the justice department opened a criminal investigation into a wisteria outbreak at blue bell creamerys t. cdc found the deadly bacteria may have been lurking in the factory for five years. federal prosecutors are looking into how that contamination was handled. taking make ramadi, iraqi forces evacuating and tracking down militants. live to backed next plus what is the greatest threat to russia?

if you ask vladimir putin, he will tell you it's not isis. find out why he is expanding the military to protect against. . .

>> new this morning, russian president vladimir putin says the expansion of nato is a threat to his country. >> putin assigned a new security strategy outlining the national interests and security priority.

senior correspondent mathew chance has details for us this morning. mathew. >> well, this is certainly a changing strategy. it's making form am what russian officials have been spending years, nato is an expansion. they seem very much here as a threat to russia's national security. russia and the west have been nato factions after several years. it was the prospect of ukraine that was one of the reasons that russia and it premier in 2015 were a part of the naval base. at the new national security paper, which is updated every six years says russia's independent and domestic foreign policy triggers what it calls action on the part of united states, the paper is only the latest in a series of russian statements that puts moscow and nato and lagerheads in 2014. russia updated the former

military doctrine. the official preparation for weapons to take into account if presidency. at the time, they said na that's enlargement presented an external threat. it's still the case apparently that the saudis won't believe it's still true here in russia. mathew chance, cnn, moscow. >> okay. mathew, thanks for that let's bring in leiutenant general mark hertling for more on this. >> good morning, allison. >> what do you think, does this new russian document impact any other countries beyond russia? does it impact nato in anyway? >> oh, absolutely. it's an interesting statement formerly put on paper as mathew said, it's fought unexpected. it's a continuing war of word. we have done some of that as well, the united states has when

some of our testimony, you remember general dunford saying russia is the primary threat we face. putin siena to pill together more. he has seen the sanctions they have placed on him. he has heard many of the eastern block countries in nato say we want more nato bases in our country. estonia, poland, romania. the fact that he now is bringing this to his public is just another way he shores up his image and continues the propaganda to support his actions in ukraine. >> and vladmir putin has always pretty much been critical of nato. we really seen the relationships with russia's nato deteriorating since the crisis in ukraine in 2014. do you think this document is an

attempt to push russia's plate to the center in world politics? local politics? >> oh, absolutely. i would say, contrary to what mathew said a minute ago, i think this all began much earlier than the actions in ukraine. this also occurred in 2008 during the russian invasion of georgia and the retakeing of the territories. so this is an ongoing war of words as was said earlier. the 28 nato members are very concerned from different stand points that. ry not solid. there are some looking for more sanctions him some looking to arm the ukrainian, some looking to pull back. others to be more firm. so this is causing nato to pull together a little bit more in brussels to determine what they're going to do. >> montenegro is on the cusp of joining nato. is this making russia feel even

more threatened? >> when i say, yes, number one to answer your question. number two, it's causing a little divide in nato. as the president from france came back with a recent conversation with mr. putin. he says, we may be better put this military action plan the so-called map on montenegro on the table for a while longer. we should not expand nato into 29 nation's. this expanded from the original 12 to 16 to 22 now it's 28 and any more might be seen as mr. putin as being more inflammatoriory. but there are other nato countries saying, hey, this should not be a concern because countries can pick which organizations they should be able join based on their own national security. montenegro and other countries have been wanting to join nato for a very long time. there is a very long process to get in that concerns both economic development and military development.

montenegro is now on the cusp. they want to join. it been an interesting debate in a few months. >> general mark hertling, thank you very much for your time. >> thank you, allison. next month, we will be discussing isis and the battle for ramadi. >> let's start that conversation by going into the details out of ramadi this morning. militants have attacked an iraqi army basement three iraqi soldiers have been killed. iraqi superficial i officials say ten suicide bombers attacked that base. okay, this is happening as iraqi forces are evacuating. civilians still looking for isis fighters, holding on to parts of that city, hiding out there. cnn's senior correspondent is live from baghdad. first, give us an idea of this attack and how it went down. >> reporter: we understand this was yesterday evening, victor.

a complex attack. multiple suicide vehicles, coming towards this army basement only 35 kilometers from that crucial central government district right in the center of ramadi. we understand the impact on civilians was minimal him if you said three so far in terms of the casualty count amongst iraqi forces and an injury count that we still are waiting to confirm. it gives you a sense of even though it's now almost a week since the iraqi government announced the liberation of ramadi with the prime minister, very much jubilant and we raising the iraqi flag in that central government is doubling down on the sense of momentum in this fight against isis. this is incredibly complex. it's an extraordinary difficult thinking to not only take but to keep. this is street by street fighting. it's not conventional warfare. as they continue to call it a

purge of the remaining isis elements inside the city, trying to avoid the ieds, the bobby traps. >> that i will continued to see these waves of attacks coming towards them. >> thank you for us in baghdad. the difficulty is not only taking the city but holding onto it for the long term. we'll have that conversation throughout the morning. thanks so much the terror group el shabab releasing a new recruitment video, warning americans about discrimination. their poster child donald trump. >> and the best player in college football. we have the name and details in sports.

. >> disturbing new images from the trar group el shabab. al qaeda releasing a new recruitment video claiming america as racist and featuring republican presidential front runner donald trump. look at this. >> yesterday, america was the land of slavery, segregation, lynching and klu klux klan. and tomorrow it will be a land of religious discrimination and concentration camps. >> to remember this. so, listen, donald j. trump is calling for a total and complete shutdown of muslims entering the

united states until our country's representatives can figure out what is going on. >> all right. so this new video comes on the heels of the earlier declaration that a different group, isis, al qaeda's competitor was using trump as a recruiting tool. remember this, watch. >> we also need to make sure that the really zim thattory messages that trump is sending around the world don't fall on receptive ears. he is becoming isis' best recruiter. they are going to people showing videos of donald trump insultings islam and muslims in order to recruit norad cal jihadists. >> so far, there has been no response from the trump campaign to the el shabab video. i want to talk first about trump's inclusion in this video

and then the video and strategy as a whole. is there any evidence here? this is a 50-plus video that trump's words in that call are as potent as secretary keloland says they are? >> well, suddenly as we get closer to the presidential election, you will find the terrorist groups will also be following it. they will try and seize whatever opportunity they can for propaganda purposes. keep in mind that any individual is prominent in the american political process is going to feature, barack obama, president obama has appeared in the isis material. that doesn't mean he's been saying anything that's attracted attention. it's just designed to elicit the cycle of political reaction amongst supporters of terrorism. >> in that last debate, secretary clinton says isis was use tag video as a part of the

recruitment. now we see this from the somalia arm of isis. how much is this part of this ongoing competition, this one upsmanship force a local jihad between al qaeda and isis? >> the really important point you make, victor, al qaeda is a rival to isis. over the last two years, isis brand has been taking over al qaeda. el shabab has traditionally been an affiliate to al qaeda. it's become more ambiguous in the last few months. it's trying to stay neutral. el shabab is trying to recruit from those in minnesota. so in many ways, the video is designed to recruit from within the united states, it's a propaganda, they brought in the aalaki.n classic video anwar

and is there is a lot of different process if that video. donald trump plays a small role in that. >> as you mention, the recruitment angle. i don't want to talk specifically about recruiting muslims to engage in jihad, but one of the angles, if not the primary angle is to recruit african-americans who may be christian to convert to islam and then engage in jihad. what do you make of that strategy to go after the african-american community specifically, the non-muslim african-american community? >> it's a very common tactic they have been using the last years. they try to seize and exploit certain internal issues in the united states to do with the recent tensions with the police in certain cities in the united states him we have to keep in mind that the goal is to constantly spread this

information and tailor to vex the situation is the tactic and propaganda tool him it's important also that people are aware of how terrorist groups are trying to manipulate the situation and it's important not to fall into tear trap. >> all right t. asia pacific foundation, thank you so much. >> new information in the case against baltimore police officer, did freddie gray have a previous back injury and did they tie that information from the defense, we'll discuss that next. .

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. new information coming out in the freddie gray case. the case in baltimore is getting ready for a crucial phase. >> new questions about gray's health are being raised ten days before the crowd begins for the police officer who drove the van in which gray was fatally injured. the defense officer says freddie gray complained about back problems weeks before he got into the police van and suffered a spinal cord injury april 12th of last year. he is charged with second degree depraved murder. the defense cites a document

that he mentioned his back pain two weeks before his april arrest. >> let's get into this more now and discuss how the records could affect the case. joey jackson, thanks for coming on today. >> a pleasure. >> what do you think? how big of a bomb shell is this? >> let's start here as an initial matter in any trial the defense, of course, entitled to the universe of information out there. no matter how relevant or irrelevant the prosecutor may be. it's not the prosecution os decision. we do have to remember, however, information like this was turned over to the defense team in the porter case and the judge viewed it as a discovery violation. the judge asked for a mistrial t. judge said no mistrial. so ultimately, it depends on how the defense is going to use this in their trial and what exactly their theory of the case is going to be. so at this point you know is it

significant? yes, you know, is it overwhelmingly significant? >> no. >> okay. so it's medical records from a big history of back problems, let's say by chance, he had a car accident or something like that that shows he had these issues, are you fought really feeling it, it's not going to impact the case? >> here's the point if you are a prosecutor, what you are arguing here, is this is not relevant. we are talking about a back problem. what does that have to do with a catastrophic final injury, that was according to prosecutor's examiner suffers in the back of that van? so tell me if are you the prosecutor, how on earth does a back condition have anything to do? if the defense you are arguing, we have a right to know if he had a back problem, the extent, was it connected to the spine in anyway? it appears the defense is setting up from their other filing, which is to get

information on whether he tried, freddie gray to haunt himself in police custody on a prior arrest. it seems the defense is setting up this was self inflicted in their motion. they are arguing there are witnesses that suggest freddie gray was thrashing around in the back of the van so he may have caused it, himself, then it would be more likely says the defense that it was self inflicted and having nothing to do with officer goodson who stands trial for sec degree murder. so those are the competing arguments setting up to be on full display during the trial. >> apparently the judge scolded the prosecution for not providing the account from the police to the defense. can this lead to an adjustment of the charges against the police officers charged in freddie gray's death? >> i don't see that, the prosecution had knowledge of this information. this stems from apparently a sergeant. sergeant herzog, having

interviewed freddie gray centering around robberies, he was sitting in an awkward manner. the officer says, what itself the problem? freddie says my back is hurting. i'm not too comfortedable. what would be significant is in the event the judge allows the defense to explore these medical record, if they do exist, showing the extent of the back problems, whether we find out whether or not there was a significant back problem that freddie gray had, when did he get it? what was the nature of it? was it connected to the spine. does it make it more likely these injuries were self inflicted? we have to stay tuned, whether they allow the defense to get this information. how the judge allows them to use the information. then we'll have a better sense of knowing how significant it will be. but i would not suspect the prosecution would be adjusting the charges based upon the sergeant suggesting that freddie

gray was sitting awkwardly and may have had a back problem at this point. >> joey jackson, thank you so much. next hour the cosby case and cosby's whoo wife camille subpoenaed in a defamation suit. >> we look forward it to. thank you. >> coming up more on the massive machine hunt for a gunman that opened fire at a cafe killing two people. ian lee, a report from him at the top of the hour. >> social media is buzzing over what many are calling the best player in college football. all the details coming up in sports.

>> so many people are watching college bowl games. >> even you. >> even me, which is new. and there are a lot of people talking about sanford christian mccaffrey, how he dominated the rose bowl. >> now this morning, everybody is talking about his performance, whether or not he is college football's best player. >> what? >> i don't want, maybe, we'll see. this guy is still young with 15 years ago yesterday, i had the great fortune of playinging in the 2000 rose beautiful incredible memories i'll never

forget. one player yesterday, roads bowl performance, a grand daddy of a performance. let's check it out. more than 94,000 people at the 102nd rose bowl witnessed stamford take on number five iowa, one of football's great traeft digs. the first play of the game, cutting through the iowa defense like a hot knife threw butter. 75 yard touchdown. he had 368 all purpose yards, including this, a 68 yard punt return touchdown. sanford would roll iowa. manying caffrey finished second in the heisman race t. award to the nation's best players. voters who didn't peck them mit be second guessing themselves. one guy was there to dwoet the proverbial bear. check this out, guys. >> we worry about what which can do. >> awkward. >> we knew we can be extremely good when we focus on what we are doing. gh awesome. >> you can't focus on that.

>> this guy was going crazy, people were questioning why he wasn't voted as the best player in college football. we want to pose you the question this morning, if there were a heisman revote, would you have picked mccaffrey, why or why not? use the #, we will share your insights later in the show. we love have you can join us. >> looking forward to it a lot more to tell you about. >> the next hour of your "new day" starts right now. >> a manhunt happening right now in israel after a man fires shots outs in tel aviv the focus is on levys reaching their tipping point. >> isis militants launched a deadly attack near ramadi at an army base. this is coming days after it was

retaken by iraqi military. we have details for from you iraq. >> good morning, everyone, i'm alison kosic. i'm sitting in for kristi paul. >> i'm victor black well. we are starring this hough in tel aviv. there is a desperate manhunt under way. two people, seven others injured. two people killed, i should say. and a shatting spree it was a caught on under surveillance video. local media reporting the gunman is 29-year-old israeli arab, so far, police have been silent on the investigation, issuing a gag order to the media an keeping any new details under wraps. let's go to ian lee following the story from jerusalem. what can you tell us about this expanding search for the gunman? >> well, good morning, allison and victor. we just heard from police, they're telling us that they're beefing up this operation. they're working closely with the

internal israeli intelligence agency and that they are still pursuing that this is a very dangerous suspect. they are looking for him in the tel aviv area and elsewhere. but they are telling residents, local residents of tel aviv to go about their daily lives, they're still saying that to alert but that they are not in any immediate danger and their daily life, routines can continue. but this is still very much a massive manhunt. looking for the suspect and theition real media saying that this is a man from the northern part of the country. the uncle of the suspect has told cnn you recognize him from the under surveillance video. although, a lot of these details we can't tell you because office a current gak order that prohibits the details from going out to the public. >> thank you so much.

let's continue the conversation now. we are joined by the security director for the asia pacific foundation, cnn law enforcement analyst tom fuvenlts i want to start with the weapon used here, come to both of you on that. john, you first, this being an automatic weapon, many of the attacks in november and december have been stabbings or other attack, what are you bleening from this in. >> in terms of the target, there is nothing different. in terms of the motivation that, remains unclear. also the fact that the gunmen, foring several shots, he stops and ran. why was that the case? so the weapon is different, it's unusual it's being used this time, so more investigation of

isis are required also the ideological, why this incident took place. >> to you, does the use of an automatic weapon here instead of a knife or attack we seen against israeli citizens give any credence to this being an act of terror? >> i don't think so vague tore. i think we need more investigation into this. police may know, they have already been talking with the father and uncle. they may have a pretty good idea of what might have been going on, it's a good question. you know, it makes you wonder, someone with an assault rifle. why so few casualties. we see him standing in a grocery store and jump out on the sidewalk and open fire, stop, run away. so, you know, that's a part of it in my mind. >> so don as it relates to the potential for escalationer hoo. we heard from bengals machine

netanyahu, the prime minister there, speaking about the attacks as, you know the group of attacks that happened. kind of as a whole that this is a wave of terror. any indication that there will be any more forceful response from the israeli forces from netanyahu to try to tamp down what's happening there? >> well, they can establish this is an act of terrorism, we will see a strong response, as is the case of the terrorist attacks in israel, itself the authorities are hesitant to specifically designate this as a terrorist attacks. they are warranting more investigation. i think the key is the domestic intelligence agency is now involved in this. which means they are taking this seriously. they are answering questions behind this. keep in mind, it's only recently the isis leader for the first

time mentioned israel and every time isis' leaders mention a specific country, this may not have any connection to it. but the way the investigation is proceeding means the authorities in israel are still unclear about it. >> local israelis support on a question of mental health of the gunman, he has a history of mental health issues arc long history of interaction with law enforcement there. how does that factor into the investigation? >> i think it gives the indication it might not just be terrorism. we have mentally ill people recruited by isis and terror grown-ups to go ahead and commit the act f. they already have violent tendency, it's not a big leap for them to step up and take human life. >> all right. tom fuentes, we have been following this story all morning

long, thank you both. >> to another big story, flood warnings in effect for 8 million people. missouri just beginning its recovery. after highways, neighborhoods and schools wered intoed this week. let's go to cnn's allison chinchar joining us live. we see the rain has stopped with the flooding. it will continue with more than 200 rivers at risk right now. >> absolutely. you can see all of them plotting here. all of these dots indicate a river location, either at or above a flood stages again an incredible am. notice the ones the part south of st. louis. that's where the real problem will be going ahead. all of these people need to be on alert as all of that water continues to flow south you live near the water, you can expect anything. >> several interstates are back opened in the st. louis area t. recovery just beginning from

flooding triggered by a downpour, up to ten inches of rain falling. water levels have fallen several feet. many homes are still far from drying out. those who live here say they've never seen this before in december. >> not in my lifetime here. no. >> as they watch the flooding in missouri. those down river begin stacking sand backs knowing it's only a matter of time before they get hit. >> now we get to dial with it once it hits illinois here. >> rivers in illinois are running 15 to 20 photoabove normal level with more still to come. two toons were swept away, their abandoned truck found in 17 feet of water. one body has been found the search continues for the other teen. >> our best guest is they both swam out and the water was too high. they were not able to battle that current for very long. >> as illinois governor george browner tour the damage the

people that live here know it isn't over year. >> it's still heer than i thought it was going. >> and the reason for this is where all the water is coming from. so here is the entire basement. all of the rivers that are in this area. missouri, arkansas end up in the mississippi river. so all of that rain we saw everywhere over the last 10 to 15 european e 14 days have to eventually come in here. the good news is we have finally crested t. water is not going to rosie from here on out. it can only begin to recede. further south, it's a different story. cape girardeau, these areas are still on alert. farther south, memphis and pine bluff also again looking at a delayedesque for this water to make it down to the area t. problem with that is you never fully understand what your crest is going to get to. bus you have to understand how much water is coming from the

other location. greenville in vicksburg, it will be at least ten if not 14 days before we end up getting our crest. the concern here is any more rain that we get in the next 10 to 1514 days will only make these crests even higher than they already are. down near the very bottom. before it gets into the gulf of mexico, we have baton rouge and new orleans, a problem is they're a city that does not deal well with flooding. here you see new orleans, however, is an action stage. the reason for that is while they do expect a ton of water to come down. that i are planning to use the spillway to hopefully fingers crossed guys, be able alleviate some of the water so new orleans doesn't have to deal with the major flooding that other cities upstream have already dealt with. allison, thanks so much. we'll continue monitoring this story all morning long president obama is preparing to kick off the new year with a controversial decision on gun

control. >> plus, iraqi forces fight for ramadi after isis militants attacked an army base near ther there. >> also in saudi arabia, some beheaded. .

president obama is making the end of his office, one of the likely target is gun control. cnn senior white house correspondent jim acosta is traveling with the president in hawaii. >> victor, allison, during his vacation here in hawaii, president obama has been working with top aides on the upcoming state of the union address. it is setting a vicious tone for what the president is vowing will be a busynd to his eight years in office. right at the top of the agenda is gun control. for president obama, the final round is about to begin. >> in zen 2016, i will leave it out on the field. >> the first and last year in office, mr. obama's long promised response to mass shootings in the u.s.

sources say it will be a package of executive acts on gun control. expected before the january 12th state of the union, and aimed at the gun show loophole, which allows some firearms sellers to avoid conduct backgrounds checks on customers. >> all across america, survivors of gun violence and those who opt a child or a parent are forced to mark such awful anniversaries every single day. yet, congress still hasn't done anything to pre vent what happened to them from happening to other families. >> the president will review the administrative changes with attorney general loretta lynch on monday t. white house argues it will be within his executive authority and show broad support for tightening background checks. >> change is going to overtake all of us t. gun lobby is loud and well organized in its defense of effortlessly available guns for anyone. the rest of us are going to have to be just as passionate and

well organized in our defense of our kids him that's the work of citizenship. to stand off and fight for the change we seek. >> reporter: the nation's biggest lobby the nra says the president is doing what he wants when he doesn't get his way to find the will of the people and find executive action. another proposal, the president will ask congress to shut down the detention center at guantonomo. a facility mr. obama may close on his own if lawmakers balk at the white house plan. >> it will be an uphill battle. >> the president plans to travel to cuba in what is shaping up to be a global farewell tour. but the president's agenda could be upended by setbacks on the war on isis. the foreign policy crisis that could complicate white house plans to have the president campaign heavily with the 2016 democratic nominee a. prospect that may well put him and hillary clinton on the trail

together again. >> i think we will have a strong nominee. i think that democratic nominee will win. i think i will have a democratic successor. >> first the president will layout his plans for his final year in office after a fast approaching state of the union address. white house officials say don't expect a laundry list of proposals, partly because the president is almost out of time, victor, allison. >> all right, jim, thanks so much. ben lewis and james ferguson join us now. i want to start with you. it's been roughly three years the failed effort to get stricter gun laws after sandy hook. why is this happening now? this was such a priority. why is it happening three years after that initial push? >> well the president never got over sandy hook. he says it was the worst day of his presidency. it's something that these expressed enormous frustration

about over the last three years. so this will be his last opportunity where he is said to be meeting with the attorney general loretta lynch to sort of see how far he will go. it will end up in court regardless. you can expect the supreme court to rule on this at some point down the road. he wants to say he did etching he could to prevent a repeat of that particular massacre and the others that have followed. >> that meeting happening on monday with the attorney general. now to you, i want to put the numbers up on the screen, the latest quinnipiac poll released just before christmas showed that 87% of registered republicans support a background checks for people that buy guns at gun shows or online. so as we talk about 2016, the presidential politics, could this be a more difficult argument for gop candidates to make against the president's proposed, or potential executive order? >> yeah, i don't think so.

because a lot of gun owner, especially republican, understand that you can't micromanage around it shouldn't be micromanaging down to the point where if i'm selling a gun to either my dad or my dad gives me a family heir loom and some of the democrats pushed it before. you want to have a comprehensive reform t. white house better be honest about what's in it. within they claim they are doing this, just to get rid of loophole, it's not what they have been doing in the past, it's trying to ban a large list of guns t. other problem is this, there is an issue of honesty on the white house agenda. they came out, be honest about it. say, look, we want extreme gun control. that's one thing. but when you claim that somehow this executive action is going to make it safer or stop these mass shootings. the fact from the ground are the opposite of that. no one committed any of these crimes that the president is talking about with his executive action. the reason for doing it would have been stopped by closing

this loop home as he puts it in background tested gun shows. none of these guns were purchased in that way that had any of these mass shootings or mass casualties. when the president comes out and says this is about safety. there isn't one yshls uninstance, i should say, where he can point and say if we would have done this three years ago, four years ago, five years ago, sandy hook would not have happened. rural colorado would not have happened. this is about legacy checking, this will not make the american people safer, it would not stop any of these tragedies that happen. >> i got you on that. let me take you back to the question. if even 87% of registered republicans would support stronger backgrounds checks, for simply those buying these shows, online. that is something he proposes, do you think the republican candidate for president can make that argument despite being at odds with their own voters?

>> yes. the answer is yes, because it shouldn't be 50 guns in a year if he is putting it. the many democrats say this should be a background check for every single gun that is going to be sold. if i inherit multiple guns for my dad or my grandfather as they passed away, or i want to give my to my brother or a cousin, i soon have to get a gun deal or a license. >> that is most republicans agree with that sentiment. >> let me come to you. go ahead. >> let me say real quickly. the house that i live in. i bought from my father. he had it for decades. and we had to do a quote/unquote backgrounds check. time search, insurance, all of this kind of stuff, yeah, it was a lot of red tape. it was the right thing to do to make sure that, you know, that the ownership is recorded that the public knows about i want. and that's just the house. it can't hurt anybody. you know, it's not really an extreme measure to suggest that maybe we should do that with a deadly firearm. >>er rom. is this something the clinton

campaign welcomes? >> i don't think so. look. the reality is, there is this disparity. you got that 87% physical you just mentioned. then if you go and look at who those same republican voters are voting for, are sending to congress, sending to their state house, people with very different views about gun control. so voters are in some way, look, guns end up being a metaphor. it means freedom to people. it means independence. it means protection for their family. it doesn't get into the wes of whether or not this will hurt some kid somewhere else. whether or not it will lead to a massacre. keep in mind, we're not talking sandy hook or aurora colorado type massacres. there is a deadly daily drum beat in chicago, in philadelphia. in new york city, where three people are killed. four people are killed. where all of this gun flight and that a lot of those guns are, in fact, trickling through these gun show loop homes and making

their way up into the city. >> with all due respect. >> it's not what the president wants to try to stop. >> we have ten seconds. >> the pacts do not back up what you just said. the guns are being used in killing people day in, day out in chicago. they're not coming from a loophole at gun shows, official law enforcement, including the fbi, specifics say that is absolutely incorrect. there is illegal guns on the street. they have nothing to do with law abiding citizens. >> we don't track where the guns come from. that's a part of the problem, too. the president will talk about that. >> you got to end it there. we know that meeting with happen with the attorney general on monday. we will talk about what this imminent executive order will detail. thank you both. >> happy new year. >> you too. allison. >> coming up, new video from the hotel where the affluenza teen ethan couch and his mother hid during the christmas holiday inn mexico before they were caught.

also in saudi arabia, the government ordered the execution of 47 people, including a top terrorist. >> that report straight ahead.

. >> we're getting our first look this morning at the mexican resort where the so-called

affluenza teen ethan couch and his mother were hanging out. his mother is back here charged with the apprehension of a felon. coup fled the u.s. after an alleged probation is still in mexico fighting deportation. four years ago, he killed people in a drunk driving accident but managed to avoid jail time aan islamic cleric highly critical of the saudi family was among 47 of the convicted terrorists in saudi arabia him all those put to death were found guilty of terrorist acts. some dating back more than a decade. one official says the executions were carried out by beheadings at firing squads at a dozen locations. a virus carried by mosquitos, has spread to puerto rico with one reported case. the cdc is expected to visit the island this month to investigate the years ago that causes serious neurological problems in newborns iraqi forces are sweeping

through ramadi evacuateding civilians and tracking down the final few militants. we go live to backed when we come back. also in india, at least seven people are dead after gunmen launched an attack on an indian air force base near the border with pakistan.

this morning in iraq, isis militants have attacked an iraqi army base near ramadi, three iraqi soldiers have been killed, 17 wounded. iraqi officials say ten suicide bombers driving explosive

vehicles attacked the base. >> this as they are looking for isis fighters hiding in the city. >> cnn correspondent is back from backed. tell us what we know from this attack. >> reporter: well, almost a week victor after the iraqi prime minister announced ramadi liberated the cleanup operations as they characterize them are still ongoing, but there is a sentence they're intensifying. yesterday evening, multiple complex suicide bomb attack against the intensive headquarters. only it's on the outskirts of ramadi. it is only 35 kilometers from the government financial district. this, of course, comes as a front of bad weather has been affecting the coalition ability to sustain those intense airstrikes. the worry is going into next week that isis militants will continue to exploit that

exposure to try and launch further similar attacks, victor. >> how much of ramadi have iraqi forces been able take? do they now have control over all of it or are there still pockets in which isis fighters are still in control? >> all right. maybe we are having technical issues. let me try one more time. we'll try to fix it and get an answer that little later in the morning. let's bring in cnn analyst mark hertling. let me bring the question to you. we're trying to physical out how much of the city isis fighters they still have control of. >> victor, if you look at a map. there is an area in the northeastern part of ramadi, the shark spivenl it looks like a

shark's fin on a pap. that's where isis is continuing to remain holed up. estimates that they have a couple hundred fighters in this city. you will see this go from a conventional fight as we seen it over the last several weeks probably to an unconventional surgency. they are laying low, flushed out by the iraqi forces and their suicide vest attacks and car attack. they did a few days ago against a tense iraqi decision i division. what's been interesting is for the first time, we're seeing the iraqis fight back against this with rocket propelled grenades with mist missiles destroying the suicide car bombs. they're doing a pretty good job. although, it's been difficult ascertain how many casualties have been suffered on both sides

to include the number of iraqi forces, numbers killed or wounded. >> now that iraqi forces have taken ramadi, how do they hold it? that proves to be the more difficult of the challenges. >> absolutely. what you are seeing is an agreement against the government in baghdad and the sunni tribal council. wants to take back over the security of ramadi. they don't want a whole lot of help. they don't want shia militias in there. they have seen so far the backed government has provided support both monetarily and militarily. both critically important. but the rebuilding of ramadi you seen from some of the pictures will be a long going process. that city has been destroyed as a lot naps combat. >> let's turn our attention to mosul. we know the prime minister says

that's the next go. a larger city, a different kind of challenge, contrast what we know about how ramadi was taken back to how they will have to approach the recapture of mosul. >> yeah, victor, you and i talked about this a week ago. i think i told you one of the things i would be watching for is the iraqi government fought getting too cocky and trying to do too many things too quickly. the very next day, prime minister abadi says we will take mosul this year. >> that will be challenging. he has to continue to use the sunni militias and the sunni tribal members and the iraqi security forces to go after other towns in anbar province. the road to mosul is going to be long and difficult. there's got to be a lot of other bases taken for the iraqi security forces to go north. there's got to be a lot more engagement with the politicians in ma sul.

where you had sunnis almost exclusively in ramadi, you've got an interesting members of sunni, some shia, a lot of kurksd syrian, a bunch of different sex and tribes in the northern province, the government has to coordinate with those tribes before they push north. >> that will take a while. it's ambitious to say they will retake mosul if 2016. i wish them luck. it will be a challenge. >> let's look at individual cities and take a larger, longer look at what we are seeing. are you seeing a shift in momentum as it relates to isis and being able to hold these cities? put into context what you are seeing. >> yeah, i am, victor, i said this from the beginning. i think if the iraqi government can come together and support the security forces, which they are doing now, with pay, with much better leadership and the support of both the government

and the people. i fought with these guys, with the iraqi security force, they are good fighters. they will take the fight to the enemy. they do this in iraq. i think we are seeing a little turning of the tide. many of us predicted this would happen, if the security fosss could get up and operation am. you are seeing them taking pride again if being iraqis, coming toke as a nationalistic force. it will be totally different in syria. it will be much more difficult there. i think you are seeing good advance, i won't claim victory yet. it seems that in the latter part of 2015 in the early stages of 2016, we may see some hope yet in the iraqi security forces and their government. >> all right. lt. gov. mark hertling, always good to have you authorities say a methane leak in california is now the biggest ever record. how has it affected the familis living in that area? that's coming up also another blow to bill

cosby and his defense, a massachusetts court has denied a position by his wife. camille cosby to quash her deposition.

people in one southern california community have been forced from their homes because of a massive leak of methane gas. >> officials say it will be months before the week e leak can be stopped. we have the latest this morning. >> a modern brady bunch lives in a temporary home. >> it's disgusting what itself going on. i'm heart broken. we had too leave our beautiful home. >> 33 miles from the house they vagued. a massive methane gas leak. >> the smell can cause you to be knaussated. it can cause to give headaches, knows bleeds, which i have had, stomach problems. >> infrared video taken by environmental activists shows a noxious pulmonary rising over the canyon storage facility owned by southern california

gas. the utility says the underground leak first dengted in october may not be stopped until late march. >> we're drilling a relief well. that relief well is going to go way down about 8500 fee. it's going to intersect with the leaking well and then pump liquids and muds down there to stop the flow of gas and then cement to permanently abandon the well. >> while zo-cal gas drills stays in temporary housing. >> it's the slow moving tsunami. people realize this is very slow. >> the gas company says 6,000 people are seeking financial aid. many apply for help at a community center is established. some government agencies are taking extreme precaution. the faa hopes a fly zone at a half mile around the leak site

says gas fumes could be ignited. the eun need school district closed two schools locally and is transferring almost 1,900 students. >> that means two boys will start campus after winter break the family says two-year-old ava suffers the most. the leak resulted in upper respiratory systems that left abe in intensive care for four days. dad had no prior heldt problems and experienced some form of seizure. >> even though we're so upset and saddened and stressed, trying to hold it together for them. you know, it's hard. we're a big family. >> one family moved out by a gas leak disaster that might be on scene and is still months away from being undone. cnn, porter ranch, california in there i can't believe it's going to take until march to plug that

leak. i feel bad for those people. >> absolutely. we will take you to massachusetts. our court there has ordered bill cosby's wife, cam ill cosby to testify in a defamation suit brought against her husband. she will have to give that deposition. >> we are remembering the daughter of naat king cole, natalie cole died after battling health problems. [ music playing ] . looking for 24/7 digestive support?

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>> bill cosby charged with sexual assault in montgomery, pennsylvania. one person said seeing his mug shot triggered an emotional reaction. >> bill cosby out on $1 million bail. his legal team vowing to mount a vigorous defense after cosby was arraigned on criminal sexual assault charges. >> mr. cosby? >> these charges stem from a sexual assault that took place on an evening in early 2004 at

mr. cosby's home in montgomery county. >> reporter: the 78-year-old comedian charged with three counts of aggravated assault of andrea constand. she considered cosby, 37 years her senior and a temple alum a friend and mentor. she accuses cosby of drugging and assaulting her when she visited his pennsylvania home. >> mr. cosby made two sexual advances at her that were rejected. on the evening in question, mr. cosby urged her to take pills, that he provided to her and to drink wine. >> according to criminal complain, it left her feeling dizzy, nauseous, frozen and paralyzed. aware of him fondling her brefts and putting his hand in her pants. she went to the police a year later. the district attorney did not file charges, citing lack of evidence.

she filed a civil suit against cosby, forcing him to be deposed. he settled the suit with her. the terms of which were sealed. that deposition was unsealed in july. in it cosby admits to giving women quaalude, never without their knowledge. constand is the first of at least 50 women that have come forward with similar allegations. some of those women now sharing their reactions to the news. >> when i saw the mug shot, i started to cry. it was, it just hit me so hard. i really didn't anticipate i was going to react that way. >> an attorney rengt some of the accusers says she believes some of the alleged victims may be called to testify against cosby at the trial. >> they will demonstrate that courage. they will tell what they say is their truth. >> the comedian repeatedly denied any wrong doing and filed

a countersuit against several women this month. he has yet to talk about the allegations. in interviews last november. >> shaking your head no? >> there's no response. >> reporter: in a statement, his attorneys called the charges, quote, unjustified. and vowed that he'll be, quote, exonerated by a court of law. on new year's eve, bill cosby tweeted out "friends and fans, thank you." the preliminary hearing for bill cosby at this point is set in pennsylvania for january 14th. victor, alisyn. >> jean, thank for identification that. ever since the accusations began coming to light many have wanted to hear from bill cosby's wife camille. in a few days that is going to happen. camille cosby married to bill for 52 years by a judge's order she'll have to answer questions by an attorney of seven suing the comic legend.

this is a separate case than the one happening in pennsylvania. let's bring in legal analyst joey jackson to understand what's happening with this case. welcome back, joey. just to understand what's happening here. she's going to be deposed. can that testimony be used in the andrea constand case as well? >> good morning, alisyn. remember, there are two separate and distinct instances. one, of courses relates to the deposition testimony that the judge ordered camille cosby to give, in reference to the seven plaintiffs that are suing him for defamation. so she will, camille cosby that we see there will have to give information, sworn testimony under oath in terms of what she knew, when she knew it. what his relationship was like and what she knew it. and the drug us. and of course, it's a lot different than the criminal case proceeding against him in pennsylvania.

so, no, it will not interfere otherwise. they'll go into that case and in fact, i don't think that camille cosby will be compelled to testify in that matter because of spouse privilege. >> let's talk about that. what about marital privilege. spouses can't be forced to testify against each other. how is this different? >> interestingly enough, i looked over the judge's ruling. what the judge is say eyeing is this, of course there was a subpoena provided to camille cosby that said come testify at deposition. her attorneys moved to quash it saying we're not legally required. and notwithstanding that, that is the reason. he said that the marital privilege may apply to trial testimony. but as it relates to deposition testimony, which is a vehicle for discovery, the giving of information about what you may know, what else might be out there that may in fact pertain

to and be relevant to trial, you have to talk about it. at trial, it's another thing. perhaps at trial, you can say you have this marital privilege. we're not at trial. we're simply at the discovery phase. it's not going to be applicable here. it's only going to be applicable there. that is, they trial. that's how the judge essentially got around that whole marital privilege issue. >> what do you think, any last minute legal maneuvers that could allow her to avoid this deposition? >> i think we can look to see that because ultimately camille cosby is saying i am protected by that privilege and it's unduly burdensome for me to testify. and since i have no first hand knowledge of anything that occurred you'd be asking me to talk about communications between me and my spouse. of course, the judge said, okay, it's discovery, you have to. you can look to see them perhaps appeal or something else. but, of course at the end of the day, if she does give testimony the siissue is how helpful will

be. only two people know what they talked about, camille cosby and bill cosby. >> what's the likelihood we'll actually hear some of the details that come out of the this deposition, if it happens? >> you know, i think they'll be moving to seal any type of information that is disclosed between the two during the deposition. it will be up to the judge in emergency room its of whether he does seal it or released to the public. of course, we should note that the deposition that came out earlier in the andrea constand matter, separate case. we thought that was sealed. however, we thought years later, ten years later , it was unsealed. if it's not immediately into the future we very well know. >> joey jackson, thanks so much. happy new year. ahead, the water level and therefore the danger level quickly rising this morning.

officials in illinois warning that a second river may be overbreached. the mississippi river overflows its banks. what does this mean? we talk to emergency management -- next hour. fixodent. strong more like natural teeth. fixodent and forget it.

a legendary songtress and grammy winner has passed away. >> natalie cole passed away.

daughter of nat king cole. for the 1975 debut album "this will be." natalie cole was 65. and her family said she suffered from complications due to ongoing health issues. in 2009, she talked to cnn about her illness. >> are you going to go out and sing? >> absolutely. >> you can tour? >> absolutely. >> when i say tour, detroit. there's a center that can hook you up? >> yep. >> all dialysis is the same? >> all facilities are the same. i have a wonderful team of people at my facility here in los angeles, i tell them where i'm going, they make phone calls. they make appointments. it's quite amazing. i've been on dialysis in istanbul, milan. indonesia, london. it's amazing. >> you're amazing. i'm going to give this to you i'll ask the question, these are all the e-mails from dozens,

dozens of people. often to be tested to see if they can match who want to give you a kidney. >> that -- that's amazing. >> what do you make of that? >> that's amazing. i don't know. i always felt it was so strange to solicit to strangers for a kidney. but people are really great -- there's some great human beings out there. >> what then kept you going to get on the stage? what does keep -- >> i think it was the only thing i had left then, my voice. god didn't take my voice. he took my health for a minute, you know. but my voice was still there. >> and now, we should talk about -- >> i'm going to. >> i think your father will be proud. >> i think he would, too. >> i have no doubt that he would be proud. >> thank you. >> she'll be remembered.

>> certainly. there's a lot of news to tell you about this morning. >> your next hour of "new day" starts right now. ♪ starting with this brazen attack. israeli police right now are searching for the shooter who killed two people and wounded seven ours in tell aviv. plus, officials illinois warning a second levee could be breach. out with the old and in with the new. ben carson, three top staffers quit. we're one month now from the iowa caucuses. will the campaign manager be able to get carson a much-needed boost in the polls let's get started. good morning, i'm alison kosik sitting in f.

>> i'm victor blackwell. missouri beginning its recovery after highway, neighborhoods, schools were flooded this week. >> alison is joining us live. has the rain stopped? and if it has, is the floodig still going to continue with over 200 rivers sitting at or above flood san dietage right n? >> that's right. it totaled 83 locations at or above the flood stage through the basin. and 11 of those locations, again, set flood record crests, just the highest they've ever seen the flood locations ever to be. the problem with that, it's not just at those locations, it's at those locations farther south thereof where problems could arise because that water has to go somewhere. >> you live near the water, you can expect anything. >> several interstates are now back open in the st. louis area.

the recovery just beginning from flooding triggered by a downpour last week. up to 10 inches of rain falling in some areas of missouri. water levels have fallen several feet, but many homes are still far from driving out. those who live here say they've never seen this before in december. >> not -- not in my lifetime here. no. >> reporter: as they watched the flooding in missouri, those downriver began stacking sand bags knowing it's only a matter of time before they get hit. >> now, we get to deal with it. >> reporter: rivers in illinois run 10 to 20 feet above level. two teens were swept away, their abandoned truck found in 17 feet of water. one body has been found. the search continues for the other teen. >> our best guess is they both swam out. the water was moving too high, too fast for them to battle that current for very long. >> reporter: as illinois

governor bruce rauner tours the damage, the people who live here know it isn't over yet. >> i thought it was coming. >> at the area of concern, which is this entire basin area right here, the reason is, it's not just. we have a lot of rivers that flow into the mississippi including the missouri, the ohio and arkansas river. in st. louis, it is done raining and they have hit heir peak. the crest has gotten as high as it will. but that's not the case for the south like cape girardeau, and areas that have yet to hit their crest. there be at least a day or two until they finally hit their peak. farther south, we're talking memphis down to pine bluff. the problem with that, you never know exactly how much water is coming out of these. some of these numbers could change for the actual crest. another thing that could change, once we get far down to

greenville and vicksburg, we're not expected to hit crests here for 10 to 14 days. any rain that we get in the next 10 to 14 days could also change the crest sites making them much higher especially with an additional 2 to 3 inches of rain, anywhere from minnesota, all the way down to those locations because that water has to go somewhere. also in baton rouge, expecting major flood stage, 40 feet but not until january 19th. the big thing when it goes from baton rouge down to new orleans, they hope it it can stop before getting to new orleans. by using the spillway it flows over lake pontchartrain hopefully eliminating some of the water in new orleans. that's fingers crossed it actually turns out that way. >> alison, thanks for that. we know it's not just missouri, it's illinois as well know, it's

reaching those levels. and self-days of high water are ahead. we have hattie thompson with the illinois emergency management in springfield. patty, thank you for joining us. >> thank you. >> what are you expecting at this point? >> well, as we just said, we are still experiencing rising waters in several places. so we've been concentrating our efforts along some of the areas of mississippi, the illinois and some of the other rivers in illinois. we've got a lot of hot spots around illinois right now. >> have you ever seen anything like this. >> how unusual is this for december? and how do you prepare for something this massive? >> well, i think part of what's unusual about this, besides it being in december, is that it happened see quickly. we had those very heavy rains

last week. and now, we've -- since then, we've been dealing with the quickly rising rivers. we're dealing with rain and flooding like this, but we have to be prepared at anytime time of the year because obviously that can happen. >> and with these rising floodwaters, what are you telling residents to do? >> well, the nature saying we've been repeating since the last week since the rain started was for people not travel on flooded roadways. it's impossible to tell how deep the water really is. and were as we've seen too many times in several states now, that we've had cars washed away and with tragic results. so we repeat the phrase, turn around, don't drown. now, we have areas in illinois where we're encouraging people to evacuate their homes because

of the threat of the water being overtopped or breaking is very real. and we don't want people in harm's way. >> all right, patti thompson with emergency management in springfield, illinois. we do wish you well agency you experience several more days of rising water. >> thank you. we're tracking the terror concerns around the world. they start in tel aviv today, tensions high as police search for a killer, a manhunt for a gunman who shot and killed two people, wounded several others in a new year's day shooting spree. in france, soldiers at a mosque shot at a man who drove his vehicle towards them. officials have not determined a motive in that incident. new this morning, a terror group of al qaeda is using donald trump in their recruiting videos calling people racist and ewing trump man on muslim as an

example. yesterday, america was a land of segregation and ku klux klan and tomorrow it will be concentration camps. >> donald trump is calling for a complete shutdown of muslims entering the united states until our country's representatives can figure out [ bleep ] is going on. >> well the trump campaign has not responded or reacted to the inclusion of his comments in that video. but let's talk about this now. i want to bring in jonathan gilligan, former navy s.e.a.l. and fbi agent. >> great to be here. >> this video, 50 minutes long. many elements, of course, we saw donald trump included. blah is the valve those comments to those who might be

susceptible to that message? is it as powerful as secretary clinton said at the most recent democratic debate? >> well, first off, i'm not sure they would have said those comments had secretary clinton not said what she said. so, i think that is an important lesson here, because when these politician, running and spouting their rhetoric against each other, they should be very careful of the message and opportunity they give these individualses to jump into that rhetoric. that's a very dangerous thing. because propaganda is very dangerous in recruiting. >> i want to be clear about something as we continue the conversation. do you believe that al shabaab, potentially included donald trump's snippet in their video because secretary clinton suggested that isis was doing it it? >> well, they didn't do before. so, i'm assuming now, it could very well be. see, they pay so close attention

to what stirs america up and what stirs the western culture up, that they will jump on this stuff. their propaganda is ran by people who understand media. understand, you know, how media works. and that's why they're producing videos that reach their millennials whereas our state department produces videos that don't reach anyone some they're trying to counter this stuff. it's interesting, did the chicken come first? or did the egg come first? and i think that's kind of what you're dealing with here. but let me just say this, when it comes from this group and the rhetoric that he's spouting this is coming from a group that does discriminate and does keep hostages and detain people. the rhetoric is coming from somebody who knows exactly what they're talk about and america will never be that way. >> let's talk about the intended here, the african-american

community in the u.s. african-american christians. and the suggestion that african-americans should convert to islam and then engage in jihad. and they will only find solace in islam. your thoughts on that intended audience? >> well, i think it's very important in this country that we stop looking at each other, looking at our color. we need to start looking at ourselves as americans and this is a perfect example why. because people take advantage of the color discrimination issue that we have. and it's existed here. for a long time it's gotten worse. they take advantage of these things. we as a need need to get past that and we need to rise up as a country against these types. even if somebody does convert into islam they should not feed into this rhetoric.

this rhetoric is against everything that this country stands for. i think that's how we as a country, a nation come together and get away from this stuff. also i will say this, victor, you know, when donald trump, we're talking more on the tactical side of this. this is kind of bleeding over into politics. one thing i will say in defense of donald trump is that when he made the statement he made, he followed it up with until we find out what the hell is going on here. and that's a very important part of this statement. because it's -- it's not a statement where donald trump is trying to go out and put people in interment camps. it's where we're trying to figure out what's going on here. >> yeah, but he's trying to figure out what's going on and basing that on because people are muslim and the religion specifically is what is causing what is happening in the country specifically after san bernardino. i've got your point. but that will certainly be a

conversation that we'll have later in the morning about that -- that fragment of the statement as well. jonathan gilliam, thanks so much. >> you got it, victor. okay. still to come on "new day," republican presidential candidate ben carson is starting fresh in 2016 after losing three three top-ten paydays and dropping to third in the polls. hear how his campaign manager intends to boost his numbers. plus, contaminated blue bell ice cream. and now the feds are involved investigating the companies outbreak. and natalie cole has died leaving behind a legacy of unforgettable music. >> i think that was the only thing i had left. god didn't take my voice. he took my health for a minute, you know, but my voice was still there. ♪ i miss you like crazy i miss

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well, it's 2016 and we're officially in an election year. this weekend, presidential

hopefuls are kicking their campaigns into overdrive, because the all important iowa caucus are just 29 days away. some candidates making the most of precious little time left. they're starting the year with new strategies to attract more voters. others have totally new campaigns. cnn's chris great is live in washington. good morning. >> welcome to this presidential day of this presidential election in 2016. but the political world took time off to recover. but with the first voting only weeks away, a number of republican presidential candidates are back on the trail. >> we're going to have a great time next year. it's going to be an amazing year. we're going to make america great again. and we're going to do everything in our power to make sure that happens. >> reporter: donald trump has been off the campaign trail for a few days but that hasn't

stopped him from going after rivals. i would feel support for jeb bush and how badly he is doing with his campaign, other than the fact he took millions of dollars of hit ads on me. and then moving dozens staffers to cut into trump momentum. >> he's not a serious candidate. he has a broad appeal that may not be as deep as people imagined. so we're growing to put together a ground game if you will in iowa and new hampshire and here in south carolina that i think will be second to none. and that's how we'll do -- we'll win and we'll do well. so i'm excited about it. >> reporter: trump leads by wide margins in national polls but his lead in iowa is more disputed. with the iowa caucuses less than a month away, ted cruz is gaining on the billionaire. the republican senator is up with an ad there selling his conservative credentials. and he starts a six-day

iowa-plus tour on monday. to help blunt cruz's rise and stay on top, trump said he'll start spending at least $2 million a week on his own ads. >> i'm going to be doing big ads in rhode island, new hampshire, south carolina, they're going to be very well done. i've seen the first two or three of them, we're very proud of them. we're going to be talking about a lot of things including the border. including trade, including isis and trade for the country. >> reporter: and ben carson with two top aides resigned on new year's eve, the contender plans to reinvigorate his campaign. so democrats are also getting back on the campaign trail. bernie sanders is in massachusetts. the next two days, new hampshire gets a double dose of hillary clinton. on sunday, clinton makes a

couple stops and on monday, president bill clinton makes his first appearance to stump for his wife. >> new year, new strategy, something tells me it's going to be get more interesting. chris frates, thank you so much. good to have you both. >> happy new year. >> to you, too. let's start with a campaign manager. the communications director among others all out. he was the front-runner now sitting in the distant third place tied with marco rubio. then i want to start with you. there are shake-ups that are based on strategy, and then there are shake-ups based on a flailing out of control campaign. is this one of those or something in the middle? >> i think it's in the middle.3 i think anytime, if you look at alastair williams as the

business adviser to ben carson, he's been known to be tough to deal with. and if he's running that campaign, it's absolutely obvious that he's in charge of ben carson's run for the white house, you have a lot of people who cannot work with him. and that's his history. and ben carson i guess believes going forward with williams is the best way forward. i think it's a very bad political move. i think this is very bad for his campaign. he had a lot of good people around him that quit that left. when you have this many people leave. it's not just one. you had a lot of people from early on that said we can't deal with you or armstrong williams anymore. i don't know if he'll come back from this, to be honest with you. >> jeffrey, we know there are candidates who have lost key campaign advisers and directors and who have gone on to win, namely, a former governor of california, ronald reagan.

>> that would be right on the day of the new hampshire primary in 1980, ronald reagan fired his campaign manager, his political field manager and his press secretary. what happens here, and frankly, i think it's a little too soon to under this in determines of dr. carson, but ronald reagan was unhappy with the direction of his campaign. he'd lost in iowa. he was concerned that the campaign was becoming about his consultants as opposed to about himself. he personally fired them. he hated to fire people. and this is a hard thing to do. he took control of the campaign himself. he appointed bill casey who later became the cia director as his campaign chairman and brought in others, et cetera. so, my only point here is this may be a case of ben carson taking control of his own campaign which from the carson standpoint would be a good thing. or on the other hand, we could all be totally wrong here and ben could be right. it could be chaos in there. you know, it takes a little

while to figure out how this works. at the end of the day, it all comes down to the candidate, and dr. carson is the candidate. >> i think the biggest difference here, ronald reagan is the guy who understand who he was. as a candidate, he understood that. ben carson does not have that expertise or experience. he's had blunders recently. foreign policy say great example of it when he was calling hamas hummus or whatever it was he was saying. those things, you can only blame yourself for that. you put those issues together with your permitted. he's not one to get real intent to go after people. he should have been doing that early on, especially in iowa. and now, he's trying to reinvent himself. and i don't know. people will find that authentic. >> and armstrong williams saying

that. and can a new campaign manager fix those question or answer those questions about the candidate himself? we'll find out 29 days until iowa. jeffrey lord, ben ferguson, thank you both. >> thanks. blue bell ice cream coming back on the shelves in many state this month. after a deadly listeria outbreak. find out how a deadly investigation has been launched. plus, taking back ramadi from isis. tracking down the final through isis militants. that's today? we'll be with her all day to see how it goes. after the deliveries, i was ok. now the ciabatta is done and the pain is starting again. more pills? seriously? seriously. all these stops to take more pills can be a pain. can i get my aleve back? for my pain, i want my aleve. get all day minor arthritis pain relief

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cnn has learned that devastating hotel fire in dubai on new year's eve apparently began on the 20th floor when curtains caught fire. flammable material on the outside of the address. it's a luxury high-rise allowed the flames to quickly spread up the sides of the building. about 16 people were treated for minor injuries. no deaths reported. in iraq, isis launched a counterattack on friday after being driven out of most of ramadi in recent days. government officials say ten vehicles filled with explosives targeted an iraqi base. three of the iraqi soldiers were killed, 17 wounded. >> the justice department has

opened a victcriminal investiga into an outbreak of listeria at blue bell. the cdc found the deadly bacteria may have been lurking in the factory for five years. federal prosecutors are now looking into possible wrongdoing by company executives as they handled that outbreak. still to come on your "new day," russian president putin said nato is a huge threat to his country. >> see the steps putin is taking to protect russia against this enemy. feel a cold sore coming on? only abreva can heal it in as few as two and a half days when used at the first sign. it penetrates deep and starts to work immediately to block the virus and protect healthy cells.. don't tough it out, knock it out, fast.

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new this morning, russian president vladimir putin said the expansion of nato is a threat to the country. >> putin has signed a new strategy outlining the strategics for russia. cnn's national correspondent matthew chance has the details. >> reporter: this isn't exact a changing strategy, but it's making formal what they've known for years, the expansion of the lines. it's very much a threat to russia's security. rushing russia and the west with the nato expansion for several years, it was the ukraine being absorbed that was one of the residence that russia annexed

crimea, back in 2015 with the naval base on the black tea. the new paper updated every six years by law, says that russia's independent and domestic foreign policy triggered a call to action. the paper is the latest in a series of russian statements that put moscow and nato at loggerheads. back in 2014, russia updated its former military document. formal preparations with weapons to take into account nato's presence. at the time, russian defense officials said that nato's enlargement meant the alliance is getting closer to russia's borders and presented an experimental threat to the country. it's still the case, apparently, that is what's believed is still true here that russia. matthew chance, cnn, moscow. >> okay, matthew, thanks very much. let's take a little deeper and bring in cnn military

analyst major general james "spider" marks. thanks for joining us. >> happy new year. >> what do you think, this new russian document, does it impact nato in any way? >> well, it certainly impacts nato from the perspective of making sure that it has done -- nato has done everything it should, to ensure it's prepared for any type of challenges that russia would provide. and that's just not kinetic challenges. look, we have never had a hot war with either the soviet union or russia. nato has been immensely successful over the course of its lifetime following world war ii. it's quite an amazing resilient alliance. we've had confront with russia and the soviet union through proxy. primarily in the summer crimea, these are the pushes and

pulls that nato must be familiar with. >> is this is a for russia to wield its world throughout with a threat to the country? >> alison, putin mainly communicates internally. he's in a far better position when he's speaking in a bellicose term internally. his popularity in russia is phenomenal. it exceeds 70%. so it's not surprising that he would be in this type of a position, stating these kinds of positions that really are for internal consumption. the soviet union and russia has always been with chaos among it's borders. when they can stir things up right over their own board bord they get stronger and stronger. he has done that through prom

clam make proclamation. >> they're adding countries. do you think this is making the west feel even more threatened? >> not at all. this is an inevitable turn of events. look in nato in the late '90s, the 1990s, nato expanded immediately into about 13, and then 16, nations. and this is as a result of the collapse of the soviet union in 1992. this is an inevitable conversation and kind of a march of history. putin has seen this. he understands this. it's an opportunity for him simply to be a little more boisterous. so he can bolster the population internally. and they'll embrace him even more. >> vladimir putin, a little more boisterous. i guess so. general marks, thanks so much. >> sure. we'll talk about the critical documents in the freddie gray case. they've been unsealed. coming up, how those documents

could undermine the prosecution of police officers charged in gray's death. that was last april, as you remember. as, she's often mentioned in the same greats as aretha franklin coverage her song here "daydreaming." ♪ natalie cole.

a legendary songstress and multigrammy winner has passed away. natalie cole died thursday evening in los angeles. she was 65. her family said she suffers from complications due to ongoing health issues. natalie cole followed in the footsteps of her legendary fear, singer nat king cole. she won nine grammys including the best debut album. her voice in one word -- unforgettable. ♪ unforgettable in every way ♪ and forever more ♪ and forever more ♪ and missed you like crazy missed you like crazy no matter ♪ ♪ this will be the one i waited

for ♪ >> joining me now here in the studio, to talk about that incredible voice that we are snapping our fingers to is cnn entertainment analyst chris witherspoon, also the editor at brie yo.com. i know you've interviewed natalie cole. how much of her success is attributable to her father sore she stands on her own in her own right? >> yes. such a class act. she really stands in her father's shoes. he had an amazing career. she's a nine-time grammy winner. she recalls growing up next to him patching him play piano. learning how to mast her her voice in his talent. she had some dark moments she discussed with me during the interview as well. talk about the drug addiction and how she overcame drug addiction.

and wanted everyone to know as if she beat drug addiction, and she was open ago overcoming her demon. >> she struggled with drug abuse and hepatitis c but she was very public and very candid about her addiction and the health problems that she was struggling through. why do you think that is? >> i think she wanted folks to know, she recalled in one interview, in her song "this will be." she said the day that song came out she went to harlem to buy drugs. she also told me during her drug addiction with heroin, she contracted hepatitis c. and that is something that ultimately led to her kidney dysfunction. i think she wanted folks to know if she could overcome drug addiction, so could they. there are so many artists that don't open up as candid as she did. it's refreshing to see her and have her life be exposed. >> what do you think is going to

be her legacy? >> i think her music. i think her music. so many celebrities go on twitter and instagram and talk about how she loved her life. she was one of the greatest singers of our time, and that's aretha franklin. she definitely has her place in history. >> we'll continue to listen to her music. and she will be remembered. chris witherspoon, thanks so much. let's talk about the new information coming out in the case against six baltimore police officers. the question -- did freddie gray have a previous back injury? and did prosecutors hide that information from the defense?

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there is new information coming to light in the freddie gray case. lawyers for one of the officers charged, now trying to get a look at gray's medical records. you'll remember, gray died from a neck injury he suffered while riding in the back of a baltimore police van. now, one of the officers said gray told him he had a bad back weeks before that. >> victor, alison, defense

lawyers for freddie said asked for incarceration records. one baltimore officer wrote that gray said a couple weeks before he was critically injured in the back of that police van that he had, quote, hurt my back, or, quote, had a bad back. the defense arguing there could have been other causes for gray's dramatic injuries he received. the sergeant offered up information on an unsolicited basis after gray was injured. hertzog wrote this and sent it 0 to his superiors april 1st. and gray's original conversation happened on march 31st. hertzog said in the memo that his memory was jogged by all of the press surrounding gray's death and the riots. another document filed by defense attorneys asked for gray's detention records because they cite an unconfirmed report

that gray had tried to harm himself while in baltimore central facility during a previous arrest. the prosecute argued gray's medical records, they're not relevant. having nothing to do with the injuries sustained in the back of the van last april. they say gray's neck was critically injured box of treatment with police. the judge in the case is expected to rule this week whether to allow the records in the goodson trial who faces the most serious charge of second degree murder. his trial is expected to start january 11th. alison, victor. >> that's these records and how they could affect this case, defense attorney a. scott bolduan. scott, i want to talk with the validity of the statement. a sergeant comes out with unsolicited information that freddie gray said he had back

problems. >> i'm not surprised that information didn't get to the prosecutors or to the police officers involved on a timely basis. that being said, of the fact of the matter is this is information that did come to the prosecution's attention. it was not disclosed in the trial. the judge said it was not disclosed on a timely basis. it potentially could have been ex culp tore. but remember, the porter defense never used it so it became a moot issue. here goodson who is charged with the most serious crimes it could be relative, probative and material in the sealing of freddie gray's medical records by the judge in the porter case, he may change his mind in the goodson case. >> so, i'd imagine those medical records would hold a lot of answers. do you expect they will be unsealed for this next trial? >> well we'll have to see, the motions have been filed. and again, with goodson having the most serious charges him actually driving the van which

may have caused the injury. that being the case, it's been determined that the injury was caused by the driver of the van. or at least while he was in the back of the van. the reality is if there was an intervening or superveening cause that made freddie gray more likely to sustain this type of injury, sure, that's a huge piece of defense to be introduced if the judge lets it in now. we'll have to see how he rules. it could be a changing factor. >> based on the information, let's assume a couple things that the judge will unseal those medical records, and that he did have some preexisting back condition. does that then exonerate the officers? obviously, whatever the condition was didn't leave to his death before he was in that van. does that get off five, possibly six, if they retry the first officer moving forward? >> not at all. but it's a big issue for the

defense. it allows the defense in this case to argue strenuously, that the acts of the driver, goodson, or any of the other officers was not the cause, causation, for the criminal negligence, or the cause of his death. that he had a preexisting condition. and that preexisting condition heavily contributed to his death or to his injury. then it will be up to the jury as the fact finder to determine whether they believe goodson and the medical information. or whether they believe the prosecution and say his medical record, irrelevant. it was the bad acts, the criminalness of these officers that ultimately caused his death. >> scott bolden, great to have you. a lot of bowl games. and it's buzzing about the running back that many are calling the best player in college football. all. details coming up next in sports. i've smoked a lot

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the new year is traditionally a time to get rid of the old and welcome the new. well that includes updating your vocabulary. >> word police -- there's such a thing. >> there is?

>> at lake superior university at michigan have released their annual lists of words and phrases they say should be stricken from use in 2016. 13 made the list this year. they are so. conversation. problematic. stakeholder. price point. >> what's wrong with those? all right. i'll go on on the list. also on the list is secret sauce. break the internet. walk it back. presser. manspreading -- did i look at that right? >> don't look at me for manspreading. i'm not going there. >> vape. giving me life. physicality. okay. well, i have to look up what that word means? >> i'll tell you. college bowl games dominated many tv sets on new year's day. stanford's christian mccaffrey dominated the rose bowl. >> everyone is talking about his performance and important he's

are we talking the best player? >> that's what we're talking here. social media buzz. late in the morning. it's still trending. the rose bowl. this game was in play for 102 years. christian mccaffrey in stanford, he put on a performance that's arguably the greatest performance. it was so good that one fan after the game tried to reopen the heisman campaign. check this out. >> we're worried about the next campaign and trying to -- >> heisman. heisman. >> we know we're focusing on what we're doing and not -- >> heisman. >> no -- >> if you're wonder writing this guy is so fired up. check out the highlights in the first play of the game. look at this guy, looks like victor blackwell back in the game. he ended up cranking out 368 all-purpose yards.

he had the 68-yard punt touchdown here. social media is blowing up. people wondering why he wasn't voted the best player in college football. we're asking you if there was a heisman vote would he could would he not wipick mccaffrey. barry sanders all time yards frommage record have broken that. and then one game against a bad against. i think the voting was right. i'm bias. chris taylor tweeted mccaffrey would absolutely get my vote not only because he's a great player but an even better human being. and then revote that heisman. no, i wouldn't pick mccaffrey the heisman is about the season. not one game. henry won the end. thanks for sharing, guys.

>> manspreading i did look it up, the practice of sitting in public transport legs wide. when a guy takes up half a seat. us ladies, we sit with our legs closed. i know i take public transportation on the train in new york. i know the guys that spread out, sprawled out. >> let's ban the word. >> keep the word and ban the practice. >> all right. >> i feel like we should find a less provocative term for it. >> that's a good idea. >> second i do to it. >> you should be more cognizant of the people who would like to sit down next to you. >> victor blackwell. sunday at 9:00 p.m. eastern, cnn airs were the steve jobs, the man and the machine. a documentary from cnn films about jobs and his visionary influence on modern consuulture.

that vision was first from the 1980s with the macintosh computer. >> one of the things that steve thought was important, is this where all the signatures are. and there are all the people. the original group, they actually signed the machine. there's steve jobs right in the middle. my name is over here. >> reporter: why did you do that? >> because the people that work on it consider themselves, i certainly consider them artists. these are the people that have been under different circumstances would be painters and poets. but because of the time that we live in, this new medium has appeared in which to express oneself to one's fellow species. and that's a medium of computing. >> this looks like a good one. >> be sure to stay with us on that one. sunday, 9:00 p.m., "steve jobs the man in the machine."we've

all got the machine sitting here on the desk. let's look at quickly before we go, some of the develops stories. authorities are hunting for a 29-year-old israeli airman who allegedly opened fire on a treat in tel aviv. two people were killed. people wounded. it shows the gunman removing a weapon from a bag before stepping on the sidewalk and shooting. >> and the threat in the midwest. the body of a teenager has been recovered. and another still missing after their struck was found 17 feet under water there. about 8 million people in the midwest are bracing for exceptionally high water this weekend. deputies are going door to door, telling people to leave their homes as these levees are breached. an air base in india near the pakistan border came under attack by a group of militants. a government official says four of the gunmen were killed. two security force members and one civilian also died. no group had claimed

responsibility for the attack. it's been good to have you with us this morning. you're not done with us. we'll see you at 10:00 eastern for an hour of "newsroom." don't go anywhere, "smerconish" starts now. i'm smithing smerconish, so it begins, 2016 a year in which we'll elect a new american president is finally here. not even the skies over the historic rose bowl were immune from the name calling yesterday. and what would happen to someone in your workplace if they sent an office e-mail like this. that's what some prosecutors and judges have done in my home state of pa where we call it it porn game. plus, this weekend, we begin to say good-bye to downton abbey. the show's creator