18 people charged in connection with a death of a student there. details are startling. we will have them for you along with the victim's side when "new day" continues right now. >> we get to the truth as forcefully as we have to. >> new challenges. >> we will ask her all questions about russia and what she knew about donald trump ties. >> we are now in the process of inviting additional witnesses and documents. >> there was a reason why healthcare reform had not been accomplished before. it was hard. >> we want a system that works for patients and families and doctors. >> put personal interests aside when duty to the country calls or conscience demands. >> this did not have to happen. >> they wanted to mick sure they were safe. >> this is was depravity at the worst level. >> this is "new day" with chris cuomo and alisyn camerota.

>> welcome to "new day." today is a big day. we may get an answer to whether the white house was telling the truth about michael flynn. former acting attorney general sally yates will testify about what she knew about nieflynn an when. >> cnn learned that sally yates will contradict the timeline of events and say her stern warning was more than a head's up. former promise breaking his silence. we have it all covered for you. let's start with cnn's manu raju with new reporting for us. >> reporter: alisyn, i'm told by a source familiar with the testimony that yates will be limited on what she can say over the concerns that michael flynn could have been compromised by the russians. the testimony is about to raise

questions why the white house did not act sooner to remove him from the job. at the same time, investigators on the house and senate intelligence committees say the investigation into russia could move into the fall if not next year with one lawmaker says the documents are taller than he is at 5'10". investigators looking into russia's role into the 2016 elections. running into a range of challenges ahead of today's testimony from former acting attorney general sally yates and former head of the intelligence agency james clapper. >> we will ask her about russia and what she knew about trump ties and any administration effort to unmask people for political purposes. we will get to all things russia in terms of what the administration did and what russia did. >> reporter: multiple lawmakers in the house and senate stressing that the committees

still have mountains of documents to sift through. >> we are continuing to go through documents from multiple agencies and witnesses. >> reporter: cautioning the probes could drag into the fall and next year. further complicating is uncertain of the leads the committee is chasing and ongoing potential collusion with the trump campaign and russia. >> i'm not sure there is any reason for the president to believe there was collusion with the campaign. >> great cause of concern with evidence of collusion. from donald trump, we have seen someone who continues to try to obstruct. >> reporter: lawmakers struggling with the question whether the meetings with the trump associates and russians related to the campaign or simply efforts by the trump advisors to gain new business fors companies. these questions coming amid a new effort to get information from at least four of trump's

former associates. including paul manafort and foreign policy adviser carter page. >> i have been researching. >> reporter: page rejecting the senate intelligence committee request to provide records of communications with russians. saying in an unusual letter that if the committee wants details, they need to ask former president obama because of surveillance that occurred during his administration. >> when carter page says he basically wants to cooperate and we get another message that's not the way to conduct. >> reporter: this fight coming as yates expecting to say she gave the trump administration a warning about hiring michael flynn. testimony at odds with the white house account. >> they wanted to give quote a head's up to us. >> reporter: carter page

responded to the senate intelligence committee with a second letter attacking the panel as bitter for conducting a show trial in his view on lies from quote corrupt politicians. in that letter, he do does acknowledge meeting with victor podoby. page said his conversations were just a quote brief interaction in 2013. he did acknowledge discussing this with u.s. agents in 2013. retaliated against. page did not reveal to the committee any other contacts with russians. resulting in hundreds of hours of work. chris and alvarengisyn. >> manu, thank you. we have our panel. david gregory and david sanger as well as host of "smerconish"

michael smerconish. >> david, what could we learn from sally yates today? >> i think there is a big question about whether michael flynn was a contained problem or whether he is a gateway to learn more about potential contacts with the trump campaign and russia. what is revealing and what yates can really speak to in detail is what she learned of the intelligence she gathered with phone calls with the russian ambassador and the same time the obama administration was leveling sanctions for the 2016 campaign interference. that is important as well as if the white house was really honest about everything that she was telling them based on the intelligence that was being gathered at the time. we also learned more broadly about from james clapper about what back-up they had for

intelligence assessment about the russian interference. >> david, you have the one bucket. collusion bucket with all of the threads. you have the other bucket. you could argue other than senate judiciary. it goes to the head of oversight. what can clapper and others direct the congress to in terms of what russia did to interfere and how they did it and what protections are needed? do you think the ball will get advanced on clapper today? >> it may. it is more likely, chris, that will get advanced in a closed session. general clapper was up at harvard last week. he gave an interview in which he suggested for the first time there was signals intelligence and other electronic intelligence that backed up that the russians worked to interfere in the election. you have to take a leap.

you suggest they had aides to putin or other aides discussing the dnc hack or other hacks. hack of john podesta. we had suggestions all along that there was evidence that was not contained in the public report. in fact, remember, director clapper did three versions of thes intelligence report in january. one for the public, one for congress and detailed one for trump and obama. how do we back up and learn about the materials? >> there are the congressional probes ongoing. there are two senate, three house probes. they want to interview 35 people. at least in the senate intel committee.

i don't know they will interview any russians. michael, what manu was reporting at the moment where lawmakers are is they see this through partisan lens. unless there is a smoking gun, it is likely to stay mired in politics. >> it is very sad. our partisanship used to end at the water's edge and we would unite against a common enemy . in this case, russia. this extends it. here is what i'm interested in today. not only what did mike flynn say about sanctions in that conversation of december 29 with sergei kislyak, but how did he say it? the issue as i see it is whether he was acting as a free agent. december 29 as david gregory pointed out, the very day that sanctions are imposed by the obama administration. that's when flynn speaks with

sergei kislyak and then later mike pence said they did not talk about sanctions. now we believe that is not the case and he got fired. did he say to kislyak, don't worry. the incoming guy has this covered and i'm here representing him. the white house wants us to believe he was a free agent in whatever it is he said. sally yates probably knows the answer to that question because she has head the intercepts. will we get an indication? >> smerconish, let's stay with you for a second. eric trump may have breathed life in your transparency. eric trump apparently told a golf reporter they were able to raise money for golf courses during the recession because they got money from russian banks. he said that did not happen. he did not say it. now here is a really easy way for eric trump to prove that they own those courses free and clear and any debt they had on them was retired wasn't russian,

right? >> right. release the tax returns. nothing thus far is moving that ball. there is no pressure on the white house. >> they can show it from the companies. if he wants to prove it, all he has to do is show the balance sheets from the properties. you think it happened? >> no. i don't think it happens until congressional committee issues a subpoena perhaps prompting a crisis. >> david gregory, this is the golf reporter. james dodson. he did a 2004 interview with eric trump. here is what he tells us that eric trump said. he said well we don't rely on american banks. we have all the funding we need out of russia. he said oh, yeah.

we got some guys that really love golf and they are invested in our programs. we just go through all the time. here is what eric trump says today. reacting to the reporting from james dodson. it is a recollection from some guy three years ago through a third person. we own our courses free and clear. eric said the report was cat gore ickly untrue. we have zero ties to russian ev investors. >> there are ways to demonstrate if that is true. i don't want to hang this on disputed reporting. i have come back to what i have been saying this morning. the republican party. republican leaders show little interest in getting to the bottom of the contacts with this president and russia. a country that interfered with the election. and there are ties of

financially implicated. i cannot for the life of my why they are willing to drop all of their kurss scuriosity on this. >> david sanger. >> following david's point. during the campaign and prior to it, we heard a lot for very good reason about concerns of the clinton foundation and if the contributions that were made from foreign powers might affect decisions that secretary clinton made when she was secretary of state. we didn't find much evidence of that or might in the future as president had she been elected. it is fundamentally the same issue. i think the other thing we have to keep our eye on the ball during the testimony today is what the russians actually did to try to go influence the election. while the ties are important in more recent times and after

donald trump was elected in november. we still don't have the full story of what the russians did and then how the information got transferred and got out. of course, we had an echo of this in the french election. it is a more global campaign. that is the issue that will come back because we will have a congressional election in 2018. we will have a presidential election in 2020. if we don't understand the vulnerability of the system to this, you are not in a good position to deal with it in the future. >> michael, on this last note, stephen colbert. he as you know, made a crude joke about president trump and then he faced backlash on his show. then he came out and said he didn't regret saying it, but he would have used different words. are we done with the stephen colbert story or does this have some legs today?

>> i talked about it on my program. i think extended its life a bit. i said were two things. one, it was a crass comment and unbecoming of colbert. it is foolish politics and a pattern of growing liberal inn toll convenien tolerance of the administration and it starts to be similar to the treatment that obama received for eight years. by all means, oppose trump on the substance. the colbert comment is a turn off to independence. >> insight versus insult. appreciate it. republican congress member speaking out. >> do your job! >> those are constituents. >> a lot of congress people. they seem angry. >> that is the legislature.

these are constituents angry town halls erupting and giving congress people an earful. one lawmaker is here with us on "new day." ♪ ♪ ♪

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the billboard music awards. sunday, may 21st eight seven central only on abc. former president obama brea breaking his silence six months after president trump won the presidency. mr. obama wants to fight for the health care law as he accepted the profile in courage award. we have brianna keilar with more. >> reporter: good morning, alisyn. president tru president obama did not mention the repeal and replace that the house republicans pushed through thursday. it was obvious what he was talking about when he accepted the profile in courage award from the jfk library foundation. he acknowledged house democrats

and senate democrats in 2009 and 2010, many lost their jobs after voting for healthcare reform. >> it does require some courage to champion the vulnerable and the sick and the infirm. those who often have no access to the corridors of power. i hope they understand courages means not simply doing what is politically expedient, but doing what they believe deep in their hearts is right. >> reporter: the former president also said the reason why health care reform was not accomplish eed before because quote was hard which was a direct rebuke of donald trump and he said nobody said it was complicat complicated. he did not mention president

trump either. >> brianna keilar. appreciate it. thank you. house republicans met with angry constituents this weekend in town halls after the house passed the gop bill to replace obamacare. one of them was new york congress member tom reed. he found himself with a teenager born with type i diabetes. >> look me in the eye how you can vote for the bill to take away mine and millions of others guarantees of being discriminated against because of a pre-existing conditions. >> the fact that the pre-existing conditions is in the bill will continue and you have access to health insurance as you do today. >> all right. mixed reaction to the answer. let's bring in tom reed. congress member, you were a yes before the amendments that were trying to soften the harsher

impacts. did the constituents make you think about your vote? >> yes. absolutely. i listened to the people reacceresewe represent. >> how do you believe you are standing with individuals like that teenager if you remove the guarantee that pre-existing conditions get coverage. >> that's the misinformation. when you read the bill and study the bill. 300 pages. the pre-existing conditions guarantee issue is corner stone reform. with the waiver opportunity, it only gets better as i read the bill and text. i have a son who is a type i diabetic. i care deeply about the individual and millions of others in the same situation. >> your understanding of the waiver it does not allow flexibility within insurance companies in terms of how they

cover pre-existing conditions? that is what it says by the letters. >> what folks are getting to is a state that applies and continuous coverage lapse and the community rating issue can be raised. the cornerstone is pre-existing condition continues and goes forward. that is what i promised the people we would do. we cannot let it go forward as is. the markets are collapsing. access to health care will go away. that is immoral not to act to solve the problem. >> there is no question there are problems with some of the marketplaces and individual marketplace venues. there is a good argument to be made as to why your party refused to address those waiting for an opportunity to kill the aca instead of fixing it. another one is you know that many people don't maintain coverage. it's expensive. life is hard.

they drop it for months at a time. that would make them vulnerable if a state took a waiver. wi we both know companies given an option will not cover pre-existing conditions if they are told they don't have to. why ignore those possibilities? >> because we have to look over the horizon and provide for flexibility at the state level to come up with ways to improve upon it. to do things better than what one size fits all doesn't work under obamacare. >> pulling money out of the system has never been shown to be a way to improve coverage in terms of how many people will get care. you are pulling $880 billion out of it over about a decade period. how will that help? >> that is one of the fundamental issues we have in the disagreement to the other side. the other side assumes putting money in the situation solves the problem.

i believe in flexibility and innovation in the market. allow people to provide them choices. that allows the dollars to be more efficient and provide access to care to millions that don't have it today. >> whether it is the governor in your state, my brother, who you dismiss as a democrat. he is one of many governors, including krichris christie who says it is illogical you are taking away money from me and you want me to do more. i don't understand why the gop doesn't own it and says we will put less money in it. yes, some people may not get covered the same they are now. we think it is worth it. it will help fund our tax cuts. >> i would agree with you, chris, our governor tends to need more money or want more money to say that will be the cure all for the problems of the people in the state of new york. that doesn't work.

the debt load and taxpayer burden on people fleeing new york. they say that is the reason they leave. it is not sustainable. i care about the individuals. we need to do better. we need to come up with more effective ways to do it. this is a step in this direction. i look forward to the debate. >> you had the cbo score that said you will have many millions of people lose coverage because you are taking money out of the system. how is that compatible with your compassion? >> because that same score showed premiums going down. >> 10% after going up the first couple of years. the first couple of years they go up 15% and 20%. over time, down 10%. do you believe that is a winning argument? >> going down, chris. >> yeah, incrementally. at the cost of millions potentially losing coverage. >> i agree with you that the next step in the process and i work across the aisle.

i co- chair the caucus on the republican chair that are working together to solve issues of health care and tax reform. i want to be a voice to solve the health care problem. we dealt with insurance in the bill. embrace the divide and unite and take on health care. that's the next step. >> what you just voted for is being something to make the situation worse, not better. that is why you had that kid coming up and say i may not get coverage and do what newt gingrich told mow e to go to th emergency room every time my blood sugar is going up. i could die. you know type i diabetes. what do you say to that kid? >> i understand the fear and anxious and misinformation is generating this fear and anxiety. >> what is misinformation? that waiver gives the ability

for companies not to cover. here is what i'm saying. i'm all for debunking misinformation. i don't understand you reading this whatever difrntdly. if you give the company flexibility to not cover, they will not cover everything. it is not in their financial interest. how is that a guarantee? >> because the guarantee issue is there and in order to achieve that waiver, you have to demonstrate you will improve health care for the folks like that young man and my son. allowing a state to figure out a better way to do this than what we anticipate today as a one-sized fits all solution from washington, d.c. we can do better than that. >> tom reed. i appreciate you making the case on "new day." thank you. alisyn. chris, sally yates time as acting attorney general sparked debate on michael flynn and russia and the white house. what will she say today?

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in just hours, former acting attorney general sally yates and former intelligence director james clapper will testify on capitol hill. what can we expect to learn today? joining us to discuss is national security analyst and nsa director general michael hayden. great to have you here. >> thank you. >> sally yates will be hamstrung in the open session. what do you expect to learn? >> this is fascinating, alisyn. let me say at the end of the day thes white house is not going to be enthusiastic with regard to what is said in the committee. this will not settle the issue down. what we have here are two career

profession professionals. one in justice. these people are simply candidly answer questions from a very knowledgeable interrogate or, senator lindsey graham. we will learn a lot that we hadn't had detailed knowledge about in the past. >> let's dialogue it out a little bit. sally yates says it wasn't a head's up. i went in and went in early and told them. we know what flynn said to this guy and it is not the story coming out of the white house. he could be compromised by russia because of what he exposed himself to. now what? >> first of all, chris, we know that objectively. the last time we chatted, if the acting attorney general insists on seeing the white house counsel, that is a tactonic

thing in its own right. she will put an exclamation on it with the details of the narrative and plotline in the story. it suggests the chaos in the trump white house. second is the distrust of the officials from the government they were replacing and third will feed that darker narrative out there with regard to the relationship with the trump campaign and the russian federati federation. >> general, why are you saying you don't think lawmakers will be enthusiastic? >> i don't think the white house will be. >> what will clapper add to this? >> i think what jim will do and david sanger suggested this when you were speaking to him. jim will lean forward in terms of what intelligence backs up that public white paper that the dni office pushed out the door

in january. look, even i as a career professional was disappointed that we got conclusions of the american intelligence community with regard to what the russians did to influence our presidential election. we got none of the supporting data. you have to protect sources and methods. i think jim will be more forthcoming with the kind of sources and methods that were relied on to get to the conclusions and remember, alisyn, those were high confidence conclusions on the part of the intelligence community. >> with what we just saw in france, it is important we get to the bottom of how russia did what it did and how we protect against it. you have the parallel concern of collusion. clapper had been used a lot by trump defenders. clapper was asked about this when he was leaving. he said i see no evidence of collusi collusion. what do you say in your experience if there were proof, we would know it already,

general, and we have not been told anything. >> i would not believe we know it already. this deserves to be played out. that's why you have the multi e multiples investigations. that is why you have the fbi on point trying to find out what if any collusion took place. chris, you bring up a great point. let me be candid and a little dark here. perhaps the only collusion required to make the russians successful was the campaign that chanted lock her up and threatened a special prosecutor to put his political opponent in jail if that campaign one. and a candidate himself who endorsed wikileaks by saying i love wikileaks. maybe that is all you needed in the political process to make the russian effort more likely to skucceed. >> general, what is now

happening with north korea? now we have four americans s detained. >> i think most people believe that the kim redegime will try provoke the americans and show they have cards to play. alisyn, this is bargaining chips. kim is going to the cashier to play with more chips when he confronts the american administration. this is hard for us. we owe these people protection because they are american citizens. alisyn, if we overemphasize this and overfocus on this, we simply incentivize kim jong un to take more americans because it is bringing desired effect. >> thank you, general. we have another story to share with you this morning. the new details emerging in the death of the fraternity pledge at penn state. evidence just released is leaving parents in shock. why? we'll show you next.

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adoption agency to reject potential parents based on religious beliefs or sexual orientation or gender identity. critics say the proposed bill goes against the best interest of the child because it would allow adoption agencies to turn away qualified, loving parents. disturbing details emerge in the fraternity pledge at penn state university. more than a dozen students facing charges in the alleged rule in the alcohol fuelled hazing ritual and what they did not do to help sophomore timothy piazza. dave briggs joins us now with more. boy, i tell you, this is the wrong school to have this happen to. once again, igniting the same questions. >> they had a lot of issues not with the jerry sandusky scandal, but the greek life.

gruesome details in the 70 page report released on friday. that is because the fraternity in question had a sophisticated video surveillance system that showed nearly every disturbing moment of the night. the death of timothy piazza. now one of the largest u.s.s hazing cases in history. >> this did not have to happen. >> reporter: 18 penn state university students charged in the death of timothy piazza. a 19-year-old sophomore who died after a hazing ritual in february. the students and the university's beta theta pi chapter facing charges. involuntary manslaughter and assault and tampering with evidence. prosecutors say footage in the fraternity capturing the final moments of piazza's life. the cause of death traumatic brain injury. the result of repeat ed falls.

including one down 15 feet of basement stairs after being forced to drink excessively. in a group text message sent before midnight, one brother writing, tim piazza may be a problem. he fell 15 feet down a flight of stairs. hair first. going to need help. the documents reveal the fraternity brothers put a weighted backpack on him to keep him from suffocating on his vomit. the video shows his body unresponsive as brothers throw liquid on his face to revive him. at this point, cordell davis, not being charged, he wanted to call 911 after finding piazza bruised. >> tim needs help. we should call 911 right now. they said you are overreacting. i said he could have concussion. >> reporter: concerns ignored. davis said they prevented him from calling for help. >> they threw me against the

wall. >> reporter: another saying others were quote biology majors so davis's word meant nothing. >> they wanted to make sure they were safe rather than tim truly being safe. >> reporter: not until the following morning when piazza was cold and bloody. 12 hours after the initial fall. >> some described he looked dead. they waited over 40 minutes before they called for help. some of them goiogled things lie what to do with a head injury. >> the alleged details in the grand jury suggest the inhumane treatment forced through hazing to consume dangerous amount of alcohol is sickening and difficult to understand. the latest black eye for penn state. still stung by the jerry

sandusky scandal. likely to review of the entire greek system at penn state and around the country. as for beta theta pi, permanently banned from penn state. charter has been pulled. a judge set a preliminary hearing for may 17th. as for the video surveillance. i put a call in the d.a. will they release the video? i have not heard back from them. that would be the game changer. >> sickening is the right word for this. i never read such appalling d e details for the lack of humanity. >> cold and lifeless was the description of the young man. they allowed it to go on with no call to 911. >> the big issue is -- >> 12 hours. >> the issue is supervision. who sees these things and recognizing them. that is the question the school has to answer. >> dave, thank you very much for that. we should let you know, the family of timothy piazza, the victim, has a lot to say about

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entitlement, disobedience of the law and disregard for moral values that was exacerbated by acts of self-preservation. >> that was the heartbroken father of timothy piaza. tim died during a hazing drinking ritual at penn state in a fraternity. his final moments were caught on surveillance ved. 18 members now face charges. joining us is the attorney for the family. thank you for being here. >> good morning. >> the developments in this case and the findings from the prosecutor are so vile and sickening it is tough to know where to begin. tim drank too much and after he drank too much there were a host allegedly of these fraternity brothers who saw him suffering, who saw him tripping, who saw

him falling down the stairs, who saw him struggling and they did nothing. how does the family explain what transpired during all of those hours? >> well, the first misconception is that he quote drank too much. the fact of the matter is tim was alcohol poisoned in a haze b ritu ritual. he was forced into a basement where they were forced to consume first vodka, the 1.75 litters of vodka then to quote run the gauntlet. in a short period of time tim was put into an alcohol stooper, alcohol poisoning. this wasn't a party where tim was sitting around drinking. that's a misconception. this was a vile horrible hazing incident where a young man was sent into the den of debotch ri,

a den of depravity. this is something that needs to be stopped. he says the alleged details which says forced to consume dangerous amounts of dhol and endu endure suffering are sickening. the brothers had a no alcohol policy. it was clear this was a no model fraternity. that penn state wouldn't know these went on at fraternity? >> it was an open and notorious secret that hazing and out of control drinking were at penn

state. the claim now that they didn't know anything, that it was a model fraternity is propostrous. >> so there is surveillance video of the hours tim struggled for his life. why is there surveillance video set up in the fraternity? >> it is an interesting situation. a donor length millions of dollars and recently sued to get his money back. he renovated the university or the fraternity house and then he also as part of the renovations wanted cameras. they added cameras to the house. so everything, not only this horrible night, this dark night but other nights which were a part of the investigation and reported in the grand jury report. so it was by some happenstance but by some foresight what were

surveillance cameras, a good idea and something that would have been known to these young men but they didn't have the where with all to know what was going on in terms of being videoed. >> doesn't this speak to the culture that some how this was so acceptable that even though a video camera is taping you, even though allegedly fellow pledges are saying we have to call 911, something is happening, they had such disregard for tim's health. how do you explain -- i mean it's reminiscent of the story of people witnessing a crime or hearing a driem and not doing anything. what does it say about the culture there? >> i have heard that in the past few days. they realized they could be in trouble, not tim. they did everything humanly possible to preserve themselves,

self-preservation set in. they cleaned the house, scrubbed their social media. they were doing nothing to help tim. this poor soul, this poor promising young man, this son of a wonderful family, this brother of another penn stater was left to die while they were concerned a about their own welfare. it is outrageous and grotesque. >> very quickly, has the family seen that video? >> the family has not seen the video for have i. we have requested it. we will need it in civil litigation as we go down the road. i expect to get it and some day it is going to be in the public domain. from what we have seen in the grand jury report it is sho shocking. >> please share our deepest

sympathy with the piazza family. >> they are so hurt and such a wonderful family who didn't need to lose this fine young man. >> understood. thank you for telling their side of the story there. >> thank you. we are following a lot of news. he'll tell us what he wants to learn today. let's get right to it. the investigation into russia's role running into new challenges. >> documents, this will take several months. >> we have seen someone trying to obstruct the investigation. >> we feel confident it will land on the right side of where we are. >> we are proud of this effort. it is us keeping our promises. >> courage means not simply

doing what is expedient but doing what they believe deep in their hearts is right. good morning everyone. it is monday, may 8th at 8:00 in the east. after months of delays sally yates will finally testify today before a senate hearing about russia's attempts to interfere in the u.s. election and what she told the trump white house about michael flint. >> it is an open session. it won't be about confidential information. they learned sally yates will comment on the urgency of the matter. the white house raeportedly sai it was a heads up, what former president obama said about