buendias. the defiant response from gop governors and how this could factor into the november midterms. plus, sticker shock. mortgage rates jumping to the highest level in a decade. what that means for buyers and what it says about the market. tropical storm fiona closes in. when conditions will start to deteriorate and the potential impacts to the island.

>> plus, procrastinators take note. was this headline written for me? travel experts say this is the time to book holiday flights . good morning and welcome to your "new day". it's saturday, september 17th. >> whitney, do you feel that? it's the weekend. >> it is the weekend. it's almost the end of summer. >> it is. we're grateful to have you here with us this morning. we're grateful you're making us part of your saturday. up first, a lot to get to. but we start with the political battle over immigration heating up. florida's governor doubling down on his plan to relocate migrants from the southern border. he arranged for 50 migrants to

be flown from florida to martha's vineyard >> they have been taken to a u.s. military base where they are receiving shelter humanitarian aid. some say they didn't know where they were going. >> well, we didn't know until the last minute our destination, such as new york, where our relatives reside, he says. we came with, as i say,s the idea of reuniting with them. >> as the communities there scrambles to make preparations. >> these were children, moms fleeing communism. and what did governor desantis and abbott do to them? treated them like chattel in a cruel premeditated political stunt. >> notably governor desantis is vowing to relocate more migrants. he said he's just getting started.

>> these are just the beginning efforts. we've got an infrastructure in place now. there's going to be a lot more that's happening. >> as for the political fallout, cnn senior correspondent ed lavandera takes a look at the divide among some immigrant communities. >> reporter: while residents of ma martha's vineyard hugged the migrants sent to the island courtesy of florida's republican governor ron desantis, a group of venezuelan and latino activists gathered in miami to speak out. >> he has to stop. stop using our pain, our suffering and our desperation for his political games. >> this was a publicity stunt that is the lowest common denominator of human decency. >> juan carlos is the son of cuban exiles and former state

republican representative from miami. he said it's not clear if desantis has angered the base of cubans and venezuelans in florida. >> they haven't mentioned it, which is probably the fact that they don't know how to deal with it. so there probably will be a negative side to this. this may be the step too far. >> governor desantis vows to keep as many migrants out of florida as possible through his relocation program. >> i got 12 million for us to use. so we are going to use it. and you're going to see more and more. but i'm going to make sure we exhaust all those funds. >> reporter: florida is home to the largest population of immigrants. there are deep divisions in the communities >> there are venezuelans who are hard-core trump supporters called the magazuelans. they believe there should be a

hard line on everything. >> reporter: for several months, greg abbott has put 11,000 my grants with some going to washington, d.c., chicago and new york. texas division of phemergency management show has cost the state millions of dollars. >> they have not understood the problem we have on the border until we start sending them up to new york. >> any politician uses this in the ways the these two gentlemen have is the worst cynicism today. >> a former state representative from the texas border town of eagle pass. his own overlooks the rio grand into mexico. he says if there's a political price to pay for these political stunts, abbott and desantis

haven't experienced it yet. >> a lot of people criticize abbott and desantis and say what they are doing is inhumane and not right. but for the average american voter, do you think it matters? >> they may not. >> the project poll found the bussing of migrants has about 52% support one voters, including 50% among independent voters. >> the response they got is exactly what they they wanted, which is what are you doing, why sending them here, it looks like a border town. that's what they wanted, and they got it. >> reporter: and they say they will continue to do more of the same. >> our thanks to ed for that report. later this morning we're going to have a republican congresswoman from indiana on a sub committee on immigration to discuss this issue and others. stay tuned for that. also this morning, the u.s. justice department is asking that parts of an order related to documents seized from former

president trump's hold be put on hold. the request asks the 11th circuit of appeals to exclude documents from a special master's assessment and allow a criminal investigation to go forward. boil it down for us. what does the public need to know about what happened? >> reporter: the department of justice filed this appeal because currently it's not allowed to move forward with its criminal investigation into the classified documents that the fbi seized from the home in mar-a-lago. the doj is now appealing that lower court ruling. any further delay in this is a threat to national security because of the sensitivity of these more than 100 classified documents that were found. this filing is in response to a lower court from florida, judge eileen cannon, who said that not

only must this investigation be paused but a third party, known as a special master, should be allowed to review all the documents, including the classified documents, and that special master should have until november 30th to review the documents. the doj said the special master and donald trump's team should not be allowed to view these classified documents because they argue it's part of the government's property. and specifically donald trump's team shouldn't be able to view this because him and his team might be potential witnesses or involved in this criminal case that's currently ongoing. this was a late filing last night. now with the 11th circuit. it could go up to the supreme court. >> you make a really good point about what the doj is arguing about the impact of the delay. they can't continue the risk assessment because inextricably

linked. they say it poses a security risk. annie, thank you so much. it's a really complicated topic. you explained it very plainly for us. do you think doj is going to be successful in getting this appeal? do you think they should get it? do you think they will get it? >> i think they have a very, very strong case to make to the appellate court. and they should be successful if the appellate court applies the law. this is where judge cannon is trying to interfere really with an ongoing criminal investigation that has national security implications. that is the right of the branch to investigate crime.

picture what would happen if around the country local judges started to say, well, you can't continue with this investigation. remember, nobody is under arrest here. this is just a civil action that's been brought. i think doj is worried about the press sent that would be set if we allow judges to interfere in preliminary investigations. >> how far do you see this going? is this going to run all the way to the supreme court? >> oh, yes, a strong likelihood it would go that far. the trump people think it's very, very important. they want to stall this as long as possible. certainly the department of justice has a strong interest in protecting classified documents. these documents in question here will include sci documents, the most sensitive documents and contain information like who our spies are in other countries,

there could be references to nuclear weapons. it's important the intelligence has a chance to look at it. and the doj has to find out have they been moved from one place to another, from mar-a-lago to bedminster, where the former president has another residence. >> when you read the opinions from the judge, the rulings from this judge, what you think she finds is the most compelling argument for ruling in the way she's ruling. agreeing there should be a special master. what is the key argument from the trump team you think she is working from? >> i don't see any argument from the trump team that is compelling enough for her to grant an order as sweeping and as aggressive as this order. you know, you're to get a preliminary injunction, you generally have to prove two things. one, you have a strong likelihood of winning this case.

the trump people don't have a strong likelihood. they kind of hint that maybe documents were declassified and these now belong to trump because he declassified them and took them to mar-a-lago. you want to know something, there's not a shred of evidence that these documents were dekafd. where is trump's affidavit explaining how he declassified them. who did he give the order to? was it in writing? does anybody know about it? or was it just something going on in his head. this is the thing you would have to establish to prove there were classified or declassified documents involved. they don't do that. they just throw this accusation into the air. when the appellate court looks at it they will say where is the evidence. i don't think judges will find he has a personal interest in these documents.

>> you anticipate the appellate court following doj. >> yes. following the law, they should go with doj. >> all right. complicated path here. paul, thank you for explaining it all for us. we appreciate it. >> thank you, whitney. >>. though, british officials are warning people they could wind up waiting more than 14 hours to see the queen lying in state. a time that just shortened up a bit during the last hour. still, people keep lining up waiting patiently for their chance to pay respects to the late monarch. let's take you to london now. cnn's nada bashir is with the crowd marching at westminster hall. you have been been speaking to people braving the elements. >> it is chilly, quite cold, and has been the last three days.

we are asking people in the thousands joining this queue as an opportunity to pay their respects to the queen. there is still a while to go before they will be able to pass by the keep's coffin when she is lying in state. she will lie in state until monday morning, the day of her funeral. despite the hours and hours they have been waiting, overnight for some of them, many told us they are happy to be part of history. they said they have made friends along the way. it does seem to be moving in an orderly way, quite quickly. now, i have to say during the morning hours, there were police officers, volunteers, ambulances. there were volunteers throughout the night. they're not on their own. they are not able to bring supplies with them, only small bags. we have been speaking with

people. very upbeat. this is a moment she simply wouldn't want to miss. >> nada bashir reporting from london. thank you so much. stay tuned to cnn. our coverage will continue as the world mourns queen elizabeth ii ahead of her state funeral monday. the coverage will go all day. it begins at 5:00 a.m. eastern right here on cnn. mortgage rates once again ticking back up. they are now at levels we have not seen since 2008. what that means for potential buyers. plus, the owners of the phoenix suns suspended over allegations he used racially insensitive language. we are joined by a former team executive for the reaction he would like to see the league make. the two by two by twowo from ihop. hurry in and e enjoy this deal for a limited time. download t the app and earn free food with every o order.

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for the first time since 2008. that is significantly higher than what they were nine months ago. more than double what they were a year ago. there had been just a little bit of a dip earlier in the summer. but then recent comments from jerome powell, coupled with recent economic data, have pulled investors' attention back to the central bank's fight against inflation, and that hiking up the mortgage rates. chief economist for the national association for realtors, lawrence. if you're a prospective buyer, you feel you're getting squeezed. you're at the top of the market for the mortgage rate and prices. are buyers saying they are going to wait it out. >> what we are seeing is with each one percentage point rise in mortgage rate, that translates into 12% increase in monthly payment.

so given three percentage points, looking at 36% rise, plus rise in home prices. so this is creating a challenge for the home buyers. we have seen a notable decline in home sales. home prices are still holding on, but there is definitely a shift in the market. . >> do you think they will go back to what they were a year ago? does it hurt now because it was such a remarkable low? where do you see this finally settling? >> definitely the mortgage rates the past two years were historically low, once in a lifetime opportunity. those people who locked in, congratulations. but for recent buyers, 6%, by historical standard, is about average. so it's not anything drastic higher. certainly when my parents purchased their home, 15% mortgage rate. but one of the great things about america is people can always refinance downward when the mortgage rate goes down. we know it goes up and it goes

down, fluctuates a bit. i think for the next year it will settle at 6%. >> what do you think it takes to get it cooled to a place where it feels stable and also get home buyers into a place where they appreciate that this is kind of just going to be the norm? >> so, i think the 6% will at least be the normal for the near term the next 12 months. it could go down a couple of years from now. by that time, home prices could be much higher. so those are the tradeoffs that potential home buyers need to look at. but overall, people who are buying even at higher mortgage rate, again, the great thing about america, they can always refinance downward when the mortgage rate descends lower >> is there a particular product, mortgage product that works best in this market? is adjustable rate mortgage the best, 30-year fixed? . >> the 30-year fixed has been

the most popular. but given that there is a little bit of a spread, meaning that the five-year adjustable rate mortgages is a little lower interest rate. so those people are thinking maybe they buy a starter home and in five or six homes they will trade up. at least for the first five years, their monthly payment is absolutely fixed. it's not changing. the rates are rising every single year. those are attractive conditions. >> it's a little bit of a gamble. but in the short-term could pay off. >> for people who do not foresee they will live in their home forever. they see it as a starter home and will trade up later, it would be an ideal product. >> lawrence yun, appreciate your time. the owners of the phoenix suns is facing calls to resign. the nba finding he created a hostile work environment with allegations of racism and sexism.

i sit down with a former phoenix suns executive who says he should lose his team. pressure, pressure? prpressure, pressure. so whehere do you think this pressure's coming from? evereryone. i'm just here for the mints. [ cheering crowd ] so much pressure. pressure makes diamonds. true. pulisic! he scores! incredible!

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we've got some top stories to share with you this morning. the death toll from pakistan's floods has risen to more than 1,500, including at least 500 kids. almost 13,000 people have been injured. in the last 24 hours alone, more than 36,500 houses have been partially or fully destroyed from the flooding. a humanitarian disaster is unfolding. >> unicef says 16 million children have been impacted by pakistan's super floods and 3.4 million remain in need of immediate life-saving support due to disease or mal nourishment. switching gears now. a storm is headed to california. the mosquito fire may jump

containment lines due to the winds. it is the largest fire in california this year. it is now burning more than 71,000 acres with only 20% contained so far. >> if you use uber for food or rides, the fbi is assisting the rideshare company in investigating an alleged hack of their network. a hacker recently shared supposed proof that uber's internal systems had been hacked. the company says there's no evidence that any sensitive customer data was accessed. all of uber's business units remain operational. remember, this isn't the first time they have been targeted. hackers told 57 million driver and rider accounts back in 2016. broadway's longest running show closing its doors. phantom of the opera.

ticket sales slowed down during the pandemic and dropped by 70,000 weekly attendees. luckily, for people big fans, international productions of the show will continue. you can see it in places like london, australia, and even china. an nba owner is facing calls to resign and sell his team after the league published a report detailing his racist and inappropriate behavior. after a year-long investigation, robert sarver, who owns the phoenix suns and mercury was hit with a $10 million fine and one-year suspension from the team, a punishment many in the league do not feel is enough, includes the son's vice ch-- su vice chair. the report outlines his use of the "n" word when recounting statements, sexually related

comments and inequitable conduct toward women, which sarver previously denied. i had a chance to speak to a former executive this week who said he witnessed several incidents detailed in the report. here's part of our conversation. i mean, a one-year suspension, $10 million fine. a lot of folks don't think that's enough. the team's vice chairman is calling for a resignation. what would have been the appropriate punishment? >> appropriate does not necessarily fall in the pursue of the commission's powers. that's in the nba charter. that was preagreed upon by the 30 owners in the league itself years ago. as far as the one-year

suspension, i don't know how much more he's allowed to suspend the guy given that one year is pretty much the standard they suspend owners for these types of infractions. a retaliate is a big part of this is robert sarver would accept that. if you fight back, you have a bigger problem than one guy being disciplined. >> last year they come out, safrber and his team, and essentially say he would never use the "n" word, that this behavior is inaccurate and egregious. yet here we are a year later. he said he disagrees with some of the takings but also apologizes. he says he takes full responsibility. what do you make of that? >> it's the case of you got caught with your hand in the cookie jar. i can't help but think this is all outright lies.

boris, if i am accused of vandalizing a house and they come to me with a plea deal and i say absolutely not. i never came near that house. i was never there. i'm innocent. we go to trial. and at trial they have eyewitness account of me bashing windows, spray painting graffiti on the side of the house, do you think the plea deal is still going to be on the table for me, or does the judge throw the book at me because i denied something that i clearly actually did. that's what is frustrating people. sit good to see sponsors like paypal threaten to pull out, the vice chair of the team, calling for sarver's resignation. these things matter. otherwise, we go on as business as usual. we can't forget these people categorically denied everything. the other thing, and i think this is pretty important, people

that are responsible that go beyond sarver. that's the thing they can't believe. that robert sarver is the only won who gets a slap on the wrist, if that. but there are other people who were responsible for this kind of stuff that stood by, didn't do a thing about it, even though they were in positions of power, influence and control. >> you have been in or close to the nba across the decades. these stories have been out there almost 20 years. are you concerned there are other owners or officials that have problematic behavior that just hasn't gotten out and the nba hasn't addressed? >> i don't have any concrete proof. but my gut says yes because this is a case of rich people thinking that the laws and the rules don't apply to them. part of this issue i believe is because if you press too hard

from a league standpoint, from a punishment standpoint, onto robert sarver, it forces him into a place of, wait, wait, wait. you think i am the only one who has made off-color jokes, remarks about how people look or their appearance? because i guarantee you there's a bunch of other billionaires who don't operate with the same kind of decorum or morays. if you're an nba owner, you're probably thinking, look, let's keep this contained to the suns organization. because once we start getting pulled in, they find find things i don't feel are objectionable but, in the light of day, people might have a problem with.

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live from the cnn weather center. allison, there's a lot to get through this morning. >> yes, there is. good morning to both of you. we will start with the alaska storm. alaska is a big state. it's the biggest state. that puts it into context when we talk about that storm. this is a visible satellite image right through here. it took three hours for the visible satellite image to show the full sunset going across this storm. again, just to show you how large a system this is. it's having widespread impacts. we have had a wind gust as high as 80 miles per hour on the western coast of alaska. others in the 60 to 70-mile-per-hour range. a lot of high wind gusts are expected through the day today, gradually dropping by tonight. one of the more long-term concerns will be the coastal flooding. some places may not even peak until tonight, early sunday morning. it is also going to be slow for

the water to recede. you're going to have a lot of water standing for prolonged periods of time until we get through the rest of the weekend. another system we're keeping an eye on, tropical storm fiona. showers and thunderstorms over antigua, barbuda. winds right now 60 miles per hour. we anticipate they will get a little bit stronger. that's why you have this pink right here. that is a hurricane watch. it includes puerto rico and portions of the u.s. virgin islands. the blue is a tropical storm warning. some may be adjusted as we go through the day today. the national hurricane system does expect it to strengthen the next 24 to 36 hours. it is anticipated to be a category 1 hurricane. then it will gradually start to make the shift a little bit more of a right-hand turn to the

north. good news for the u.s., taking it a little bit farther away. it is still close enough. you're likely going to have areas of rip currents and a little bit of higher surf along the atlantic coast of florida. in the short-term, though, rainfall is going to be the biggest concern, especially across the u.s. virgin islands and puerto rico. widespread. you're talking four to six inches. but there will be some of those areas, especially in some of those heavier outer bands, that could pick up, eight, nine, even ten inches of rain. and also gusty winds. storm surge likely to be one to three feet for both the dominican republic and puerto rico. >> it's the time of year and the hurricane season where storms start to peak. we'll be watching it. allison chinchar, thank you so much. the holiday season only a few months away. i think it's 90 days until christmas. if you plan on traveling you probably want to book those flights right now. we'll explain why in just moments.

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so, cnn is learning that the united nations is planning to get involved after the discovery of a mass burial site in ukraine. the u.n. says its human rights investigators will go to a site in the city of izyum as soon as possible. a u.n. source tells cnn that war crimes investigators may soon follow. the white house called the discovery horrifying and repugnant. ukraine now says some of the bodies that were discovered show signs of torture. >> translator: there is clear evidence of torture, humiliating treatment of people. moreover, there is evidence that russian soldiers, whose positions were not far from this place, shout out at the buried just for fun. russia has repeated of izyum, and butcha.

>> zelenskyy repeated his call to call russia a state sponsor of terrorism. the site was dissolved after of detained americans overseas. >> the white house is saying that president biden is not going to let up on getting brittney griner and paul whelan released from russia. president biden's first-ever face-to-face meetings with the families of brittney griner and paul whelan since they were detained in russia, a move the white house says was intended to let them know that they were front of mind with the president. an offer the biden administration had made for theory lease of griner and whelan didn't bring an offer.

the white house has offered viktor bout, but one administration tells cnn that they've gotten a written demand for something the u.s. is incapable of delivering on. >> the russians are masters at asking us to do something we cannot do, where they think we control something that they don't control. independent negotiator bill richardson was in moscow this week meeting with russian leadership. administration officials expressing open frustration that richardson has been working outside official channels. >> our message is that private citizens should not be in moscow at all right now, and that private citizens cannot negotiate on behalf of the united states government. >> griner detained by the russians in february for carrying cannabis oil in her luggage and said she accidentally packed the drugs. whelan has been held for three years on espionage charges he's

declined. could the ukraine war factor into their fates. >> they're looking very weak because of their war effort. they're looking weak internationally and putin is looking weak domestically and he may have an additional incentive for making a deal right now. >> evelyn farcas says she's certain there's nor behind the scenes than anyone in the administration is letting on and that it's possible that bill richardson may not be working quite as independently as it seems. neither richardson nor his team has commented at all on his treatment to russia. boris? whitney. >> thank you very much for that report. at new day we want to take a moment to remember a colleague and a member of the cnn analyst. legal analyst paige pate died this week. >> he died in an accident off the coast of georgia. he was sadly swept up in a rip current while swimming with one of his sons.

he was an excellent lawyer and such a val you will for cnn. he was a trial lawyer for more than 25 years and was the founder of the georgia innocence project and they hailed him as an advocate for the criminally accused and they add that above all else, always willing to give anything he could to help whether it be a personal matter or professional and never asking for anything in return. and we relied on his expertise to break down complex legal topics. he was actually on the show speaking with my colleague amarah walker just last month. on a personal note as a nervous reporter trying to make a name for myself at the anchor desk, page was incredibly patient and kind and a presence. a memorial service for page is scheduled this afternoon in brunswick, georgia, he's survived by his wife and two sons. our thoughts are with them this morning and will be grateful for everything he did for us.

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♪ ♪ as this year's holiday season quickly approaches, united to hire more air traffic controllers amid a major shortage in staffering. kirby says it's a top concern that's led to hundreds of travel disruptions. >> when you have air traffic control close a region of the country it leads to hundreds of delays and cancellations and

there's nothing else and nothing else close to the size of that. >> for months, airlines like united and federal officials at the faa have gone back and forth about whose gafault this is and it's a big mess and united says it's their fault there have been delays. 57,000 flights have been canceled since the memorial day weekend. you should probably start thinking about booking, get the best rate and get locked in early. >> travel analysts are warning that plane ticket prices are going to keep climbing compared to previous years. cnn aviation correspondent pete montein walks us through it all. >> the travel rush just ended and the new warning from travel experts said you should already be thinking about traveling for the holidays and especially since the latest outlook says this is the most expensive holiday season for travel of the last five years.

these predictions are up from travel site hopper. it says domestic and international airfare over thanksgiving could cost 22% higher compared to 2019. it's even worse over christmas. a round-trip ticket on average is projected to cost you $463, 31% higher than three years ago back before the pandemic. one more stat here. over christmas, an international round trip will cost you $1300 on average. there are a few big tips to save, book your tickets ideally within the next few weeks, hopefully by october 10th according to hopper and book for times off peak and not flying on the saturday or sunday after thanksgiving and flying home on the tuesday or wednesday after could save you as much as $270. whitney? boris? >> pete, thank you so much. the next hour of "new day" starts right now. ♪ ♪ good