our top of the morning, top songs in america right now. ♪ baby show me you can calm down ♪ >> selena gomez. here is number two. ♪ i can buy me some flowers ♪ >> miley cyrus still there. and number three. ♪ >> miguel's sure thing is back on the charts thanks to the power of tiktok. it is a big day for people like me. >> you are our final hope. >> nintendo just released the highly anticipated new game legend of zelda, tears of the kingdom. it is estimated playing the entire game could take well over

100 hours. so i think i'll get started right now. i'm literally already in the game right now. so i'll get started with this. "cnn this morning," more important, starts now. good morning, everyone. caitlyn is off. phil mattingly is here. where is your coffee? >> i can't get to it. that is the only safe way. >> i only bought you one -- that is not even the one control room -- >> the spillable one is even under that. impressive effort to make sure i don't screw up to day. >> phil mattingly, it's been a great week. let's get through three hours. let's get started with five things to know this friday, may 12th. title 42 expired at midnight. officials are bracing to handle

tens of thousands of migrants in the weeks ahead. prosecutors say they're filing manslaughter charges against the man that choked a man to death on a new york city subway. sources tell cnn that daniel penny will turn himself in. >> and elon musk has chosen a ceo to head twitter. she currently heads up nbc universal's ad business. and mark pomerance is set to testify. he was a former prosecutor in the manhattan da's investigation into former president donald trump. >> and michael jordan's dream team jacket now up for auction. remember his shoes were up for auction before. they estimate it could go for $3 million. "cnn this morning" starts right now. >> would you bid on it?

>> i mean -- i bid on most michael jordan things. have you seen -- it's so vintage '90s jacket. >> i love it. >> the shoes, yeah. >> the shoes went for a few mullo million bucks. much. >> that is totally in my price range. we get to serious news this morning. we've been talking all week about the crisis at the border, what was going to come, right, when title 42 expired. that happened. we'll see what comes this morning. border patrol is bracing for tens of thousands of migrants waiting to cross into the united states. this is what we've been seeing from the west coast to the gulf of mexico. new overnight, homeland security issued a warning that the border is not open. but that is not deterring some 60,000 migrants from staging along the border as the clock ran out on title 42. in a new wrinkle this morning, a judge is blocking the biden administration from quickly releasing migrants without court notices. the feds say that change will lead to dangerous overcrowding

at border facilities. the biden add manition is surging troops, government workers toured the southern border that's clock ticked down. we begin there with nick valencia live on the border in a town named brownsville, texas. them and em l paso feeling the brunt of this. the sun is almost up there. >> yeah. we've seen a slight uptick. not the chaos that we were expecting. title 42 was nekin effect for te years. but it is officially over. ushering in new concerns of overcrowding at the border and what that can mean for cities like brownsville. >> our borders are not open. people who cross our border unlawful and without a legal b basis will be promptly processed and removed. >> secretary of homeland security issuing a stern warning to those who cross into the united states unlawfully as

tight 482 2 comes to an end. >> we prepared for this moment for two years and our plan will deliver results. >> the u.s. is back to using the decades old title eight. while that policy allows for them to claim asylum, those apprehended under title 8 could face a more, quote, severe deportation process. a ban on reenji for five years. >> we have searched 24,000 border patrol agents and asylum officers and judges to see this through. >> hundreds miles away from the border, cities have been struggling to house and feed

migrants. in new york city, mayor adams signed an executive order suspending parts of the city's right to shelter law, citing the influx of migrants. >> this is a difficult decision for me. our desire is to manage a humanitarian crisis. >> there is no end game. >> back in texas, the el paso mayor calling out an apparent lack of a long-term solution to the border problem. >> we all know that the immigration process is broken. and it needs to be fixed. i can't see a light at the end of the tunnel. >> migrant facilities are strained. here in brownsville, the nonprofit team brownsville has been overcrowded for the last two weeks. what remains to be seen is whether or not they'll be able to handle the chaos that president biden says will come. poppy? >> that's a question. thank you so much for your reporting on the border. >> we will join cnn this morning

live in the 7:00 a.m. eastern hour. >> here in new york, hours from now, we're expecting a marine veteran to turn himself in the killing of a homeless man on the subway. the manhattan district attorney's office say they expect to arrest 24-year-old daniel penny and charge him with manslaughter. it's been two weeks since he held nipple a deadly choke hold. he was acting erratically on the subway. they describe penny approaching him from behind, putting him in that choke hold and pinning him to the ground until he was unconscious. cnn's omar jiminez is here. what you are learning as we watch this play out? >> he's expected to turn in later this morning. also, his attorneys have really argued that he was doing this for the safety of not just him but for the people on the subsu subway. it's been very controversy not just here but across the country as many feel, no matter what happened before him, this

shouldn't have resulted in death. it's a killing that is divided a city. now daniel penny, the 24-year-old u.s. marine veteran seen here, set to be prosecuted for holding jordan neely in a choke hold that killed him aboard a subway chain earlier this month. >> that means recklessness or indefrns to human life. so much will turn on to the case. it's a tricky case. >> penny's attorneys releasing a statement saying he risked his own life and safety for the good of his fellow passengers adding that we're confident once the facts and circumstances surrounding this incident are brought to bear, mr. penny will be fully ab solved of any wrongdoing. the charge comes after the manhattan district attorney's office spent the weekend and much of this week reviewing witness accounts and video of the unsincident. they ruled it a homicide

determining the cause is compression of the neck, a choke hold. witnesses on the subway said neely was acting erratically beforehand. >> he started yelling violence, language. i don't care if i die. i don't care if we're going to jail. i don't have any food. >> he recorded the interaction and told cnn last week that despite any aggressive or frightening behavior, neely hadn't attacked anyone. his family says the street performer suffered for years with mental illness and homelessness. while sources tell cnn he had been arrested more than 40 times including for three asusaults. it's unlikely anyone on the train knew. that his death ignited days of protests. >> this has been a week of strong motions in our city. >> while also refocusing attention on struggles with

homelessness and mental illness across new york city and across the country. >> one thing we can say for sure, jordan neely did not deserve to die. and all of us mus womust work t for our brothers and sisters struggling with serious mental illness. >> it opened up a lot of questions about mental illness, about homelessness, mainly how did jordan's life get him to the point where ended up in this circumstance in the first place? so, lots of questions around. that his family attorneys say they're going to have a press conference later this morning to respond to the arrest of daniel penny. it is an arrest they along with many others are calling for a while now. >> omar, great reporting on a very important story. the white house announcing to day's scheduled meeting between president biden and congressional lead sers is postponed. that means it's hard to tell if they need more time to prepare for negotiations. kevin mccarthy says there hasn't

been enough progress made to have that meeting yet. a source familiar with the meeting tells cnn that white house officials and aides to both mccarthy and house minority leader jeffries believe the postponement allows more time for staff level talks to do that important work. lauren fox joins us on capitol hill this morning. i said, you know, what does that mean? is that a good thing? it sounds like net-net this could be a positive. if they're doing work, trying to get to a better place. >> it's always a poshgs right? if you feel like you're not in a place where putting the principles in a room is productive. you make the decision. we might just need a little more time. i think that's exactly according to conversations i've been having with staff where they are right now. what the framework of any of the potential negotiations should

look like. but they have not settled yet. that is why they need more time. it is always a heavy lift to have two big meetings with congressional leaders and the president. that's not to say they are not going to get together next week. they feel like they can continue to make progress. they're trying to hammer out specifically what they are negotiating. i know that sounds like it's premature. but it is so important to nail down the parameters of a negotiation. a couple things the white house and democrats want to take off the table is any conversation about repealing parts of the inflation reduction act. that, of course, is signature piece of legislation that they signed last fall. meanwhile, the white house is signalling more openness to discussing a potential budget cap steal. that is setting top line numbers and how much the country is

going to spend over the next couple years. so those two areas obviously right for negotiations. sh there's a lot more work to do. >> let's hope they get it done. lauren fox, thank you. elon musk asked followers if he should step back as the platform's ceo. they said yes. musk now says he found a new chief executive. we have the details next. and it's a she. and the boston celtics narrowly escaping elimination thanks to an epic fourth quarter perform bns a jayson tatum. mom: we're having triplets. no, what does that mean? it means you're gonna need more tide. -see? -baby: ah. more likikes? more tide. the momore adorable? more tide. everyone's gonna need more tide. ♪ you're gonna need- more tide. it's a mess out there. that's why there's 85% more tide in every power pod.

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there is a new barrage of rockets fired from gaza to israel. they fired the rockets for jerusalem, tel aviv and israeli settle mentss in the occupied west bank calling it revenge of the free. let's go to our senior international correspondent who joins us. ben this is literally happening right above you. >> yeah. we saw two coming out of graz which just a few miles behind me. we believe the iron dome. we heard reports that one house here was hit, hit by what is not clear. what we saw, literally, it was right above our heads.

and moments later, we saw things like this, this piece of shrapnel that fell just in front of us. just after the two barrages happened, right over here in northern gaza, we saw a huge explosion and mushroom cloud afterwards which was an israeli air strike. it's unclear what the target was. that is the northern end of gaza where oftentimes in the past missiles have been fired in the direction of israel. this comes after a relatively calm period just after midnight for about 13 hours. there were hopes that the effort was bear fruit. but what we've seen today, friday, is that fruit has yet to be realized.

we're vogue viewers the panic on the streets of the settlements there, children, parents, just running. remarkable reporting, thank you very much. >> elon musk announcing minutes before yesterday's closing bell he hired a new ceo to run twitter. without naming her. he says she will be starting in six weeks. his role will transition to being executive chair and chief technology officer overseeing product software. "the wall street journal" is reporting that twitter is in tokz to hire nbc universally's head of advertising. musk conducted a poll last december asking if he should step down as ceo. majority agreed he should. well, joining us now is cnn media analyst and axios media reporter sarah fisher.

this would seem to be a pretty good person to address that as an issue. is that kind of the dynamic of what might be driving this? she overseas a very large budget across so many different platforms, mediums and events. she is the person that you want to have leading your ads business. where twitter long strugled to catch up with meta and google, they don't have a lot of small and medium small business advertisers. they rely on the big brands. that is linda's bread and butter, the big brants. we reported that linda is in talks about that role. that is not the one she is used to working with. >> the thing is you don't know what ee lon -- elon musk is

going to do. of that is an interesting needle to thread when you still have elon musk at the helm, right? he could change that rule at any moment. >> linda is the foremost authority on madison avenue for who they want to be working with in terms of advertising. i think the bigger risk is whether or not linda can convince elon musk not to fire her in a few weeks. that is the bigger risk. she has a big job at nbc u. she is in charge of everything from big sports events, olympics. now you go into this risky situation where you have to hope that elon musk doesn't change his mind. but you're right, for advertisers that, erraticness is a cause for concern. elon musk hates meeting with brands. he hates doing the advertising circuit. he hates going to the

conferences. if there is one silver lining, he hates doing it so much, maybe he is incentivized to keep her onboard so he didn't have to go back to doing it. >> you have to love the incentives. >> indeed. and a she, right? so many women at the top of these companies. it will be a welcome change. sarah, thank you very much. >> thank you. the fda easing blood donation restrictions for gay and bisexual men. how this move could help the nation's blood supply next. and the two men who rocked competitive fishing world in a cheating scandal ascend for their crime. >> we got weights in fish! get the [ beep ] out of here!

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blood. we're here with more. this is an issue for a long time. what is changing? >> finally, a lot of people are saying this is overdue. the restrictions had gone into place during the early days of the hiv epidemic. there had been rules specific to gay and bisexual men. what is changing today is now the guidelines for who can donate blood are becoming the same for everybody. based on individual risk. it has nothing to do with sexual or g orientation, sex or gender. uk and canada have already done this. >> how has the fda evolved on this? was it the fda that had to get this approval? >> yes. >> the fda is making the recommendations to the blood center. they changed that to essentially a year of abstinence that people had to perform before they could

donate blood during the pandemic, they shortened that to three months. there was a shortage of blood. they're changing it. it is universal for everybody. >> this is a response to the change. bizarre. >> you're totally right. the american medical association and others have been calling for this for a long time. they came out applauding. they came out aplood saying this takes us out. and it is rooted in fear. this is the anti-viral drug. and they really said that is perpetuates a stigma operating here. there are just concerns that that you're taking the mtss to prevent. >> there is a hope. i was shocked to see the red cross has only 3% of age eligible in the u.s.

so, you know, we -- if you ever donated blood, you have text messages saying will you come in and donate. anybody can be joined to this pool will be allowed. >> of course, phil. >> thank you. >> okay. this story is wild. two fishermen who cheating scandal rocked the competitive fishing world sentenced to ten days behind bars. that's right, an ohio judge. sentenced to 1 1/2 years probation. they put in weights inside inside a tournament on lake erie next year, watch. >> we have weights in fish! get the [ beep ] out of here! >> tournament officials and they

cut them open and found lead weights in fish inside. the two men lost out on nearly $30,000. i remember this story. >> yes. it's like it was show over the cheating. it was complete lyn sane to me. but also walleye in ohio this is bad. >> you eat fish in ohio? >> you can. >> it's a thing. >> the minnesota state fair. >> minnesota, all right. >> jayson tatum helping the celtics take wayne or take all game. that is this morning's bleacher report. >> onest best basketball players in the world. he turned his knight around. big time. they help keep the season alive. tatum was having an awful night.

he missed 14 of the first 15 shots. it is back to back threes to put boston up 5-4 with under 4 to go. and then with two minutes to go, tatum coming up with a dagger three. and here with tatum afterwards. >> i'm one of the best basketball players in the world. you know? go through struggles. and, you know, i have great teammates to hold it down. they all trust me, right. keep me back in the game in other ways. all that matters is we won this game. give myself another chance and come back for a game seven. >> all right. the nfl regular season schedule. very creative ways on social media.

you ask fans to name that opponent on the streets of nashville. >> boston bobcats. i have no idea. >> this one is the red stallions. >> 49-69? >> no. no. >> sorry. ♪ >> it's the pirates -- from the island of the caribbean. >> that is so good. >> i think my favorite is how sure the group of girls were that it was cowboys. cowboys. and it was actually intedianapos colts. too good. >> look, there is nothing like a

lack of self awareness of those at a bachelor or bachelorette party in nashville, tennessee. >> thanks, andy. >> red stallions. good one. >> title 42 officially expired at midnight. now border officials are bracing for tens of thousands of migrants to tempt to cross into the united states. we're joined next hour by homeland security secretary. that's ahead. ♪

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migrants lining up waiting enter the united states as this pam era policy known as title 42 ended overnight. president biden saying the migrants at the border is going to be okay ottchaotic for a whi. here is the hope land secretary speaking yesterday. >> i want to be very clear. our boreders are not open. people who cross our border unlawfully and without a legal

basis to remain will be promptly processed and removed. we have done all we can with the resources that we have and within the system that we are operating under. it is going to take a period of time for our approach to actually gain traction and show results. i've been very clear about that. >> independent senator of arizona is really taking the biden administration to task on this. she says the administration's preparedness is insufficient and unacceptable. let's talk about this with our political analyst. really good morning to you sfwlch. >> good morning. >> you have been writing and diving deeply into this issue since prop 187 in california. that was in the early '90s. look where we are. >> right. >> look where we are now. and you make the point that, you know, when we think we have it pretty much right, it is usually

subopt mall. >> yeah. i don't think there receiver a point over the 30 years where the mix of policies on the border have kind of kept everybody satisfied. this is a problem that you manage, not a problem you solve. you manage it more well or less well. look, you know, the president and the secretary both said they're going to be scenes of chaos there in the coming weeks. and this is already one of the areas where president biden gets the lowest marks from the public on his performance. that is probably going to get worse. i think the exception is arizona where i think this is kind of a political problem for him. but in it the states that are hikely likely decide the presidency, there are other things that have a much bigger impact on his fate. i point out as part of that mix

of how hard it is to get this right, you know, the former president trump and the cnn town hall said that -- signaled strongly he was going to resume the practice of separating kids from their parents at the border. and also went on video yesterday and promised the largest domestic deportation in american history. people going, you know, basically door to door, rounding people up is what he is suggesting. i can promise you that neither of those will be any more popular than the scenes of chaos you see on the border now. >> i'm always struck on this issue. the political expediency or incentives generally outweigh the policy necessity and has been the case. the poppy and i were talking about for decades here. to your point about how the biden administration view this is through the political lens, i spoke to them repeatedly about

this. until they see pictures of chaos, what happens if this becomes a chaotic type of moment for them? does it end up elevating to pint where they have a significant political problem? people do want order at the border. they want the rule of law upheld. think want order. they supported realistic solutions for dealing with the millions of undocumented people already here. and more recently, we have a third element that is grown but from 2010 to 2020, population grew slower than any other period in history. you see the impact of that in

the strug thalz many businesses are having finding enough workers which is one of the reasons why the fed is keeping interest rates high. so, in many ways, we're all paying a tax for the lack of population growth. we're trying to figure out best way to keep people out and we don't have enough people in the workforce, that obviously calls for a solution of creating legal path ways to get the workers who need to get the economic growth we want. >> the trump administration was vocal about needing more immigrants. before you go, we really want to you have on also to talk about what the heck is going to happen with the debt ceiling. this was illuminating to take us back to 2011 and remind us why and what biden learned then in those debt ceiling negotiations that leads to his refusal to

negotiate now. what is the lesson? >> look, president biden did agree to negotiate with then speaker john boehner about the budget in the context of a debt ceiling increase. obama notably saw it then as two separate processes. and biden was the lead figure in that for many months, negotiating with eric cantor in the number two in the house before it broke down. but that process ultimately proves so scarring as the negotiations fell apart weeks before hitting the deadline with the u.s. debt being downgraded. they were convinced would never do that again. and the fact that biden is taking this hard line is so

striking. the next time republicans tried in 2013, harry reid was so worried that biden want to make a deal with mitch mcconnell that he demanded they keep biden on the sidelines. in fact, obama never did negotiate with them again after 2011. he refused to tie the debt ceiling to any budget negotiation. ultimately they agreed to raise the debt ceiling. now will they do that again? it's a small majority. mccarthy is weaker than boehner. it's a house majority further to the right. i think biden very clearly came out of that saying you cannot link these two. he is equally clear he is willing to negotiate on the budget itself. you can see sort of the parameters of a potential deal with permitting reform, some domestic discretionary caps and taking back covid funds. he doesn't want to legitimatize the idea of linking the two. >> great context as always, my friend. thank you so much. >> thank you for having me. a conspiracy theory gains steam online suggesting meghan

markle attended king charles coronation in disguise. that's what you're looking at. he had to defend himself on tiktok. >> someone said i was there. i love this. . >> he is here to put the conspiracy to bed for good. verg network, associated british ports can now precisely orchestrate nearly 600,000 vehicles passing through their uk port every year. don't just connect your business. (dock worker) right on time. (vo) mamake it even smarter. we call this enterprise intelllligence. before... and bath fitter. now's the time to call bath fitter to get a beautiful “after.” with our unique tub over tub process, there's no mess ortress. bath fitter. it just fits. visit bathfitter.com to book your free consultation. for adults with generalized myasthenia gravis who are positive for acetylcholine receptor antibodies,

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a welsh composer knighted in 2015. he joins us right now. that seems like something meghan markle would say if she was trying to confuse people and stay in disguise. can you confirm that was you, sir? >> yeah. it was i, yes. of i was there you have to present two photo ids. in one could have gone through that. this spread like wildfire. millions of views. i think "the new york post"

wrote about it as well. what did you find out? >> it was sudden, the next day my producer said there is some movement here on social media. and then i don't do social media. i have a facebook page. but my publisher runs that. so, i know there is a lot of activity on tiktok that picked up on something i did. so, yeah, people come up and people sometimes do come up to me in the street. but it's been ridiculous the last week. people are buying me drinks in pubs. i wrote a piece of music. and he selected that as one of the pieces during the ceremony. so, that's why i was there. as a composer. they can look up my website and

see it there. >> all my glory. >> and i know i met meghan markle and harry twice. once was when i did a concert for them for his charity. it was help the heroes, two military charities. we performed my lasting peace. that is at carnegie hall. but they were there. and they were charming. she was charming and friendly. as i said, i met them twice. and i really hope she's not upset by all this. it had nothing to do with me. >> i think she has a few other things to be upset by, not this. wait. just to confirm. you weren't there to steal the crown jewelsright? want to get it on the record. >> no. that's another one. that's another one that came up. >> i do want to ask you --

>> certainly not. >> people need to realize is your music was played during the coronation ceremony. you're releasing a new single next friday. it is part of your new album. one which is coming out in a couple weeks. all before you set off on major tour. can you just, for people who are putting together who you are and what you've done over the course of your career, this moment for you musically as you launch your new album and your tour. >> i've been -- i left the royal academy of muse ic in london in the late 60s. i was in band called soft machine. i toured the states for a bit. i was on a couple television commercials for diamonds and delta airlines, both of which are popular. and now i like what i do. i write music.

i have 3,000 performances on my masterpiece. and the new album is one about the planet. it looked like slavery. issues facing us at this time on the planet. it's a good time to look at this. >> indeed. we will let you go, sir, with the beautiful music of crossing the stone that was played at the coronation alongside the orchestra. thank you. thank you very, very much for your time. and thanks for confirming your identity. >> thank you, sir. we'll be right back. there's a different way to treat hiv. it's every-other-month, injectable cabenuva. for adults who are undetectable, cabenunuva is the only complet, long-actining hiv treatment you can get every other month. cacabenuva helps keep me undetectable. it's two injnjections, given by my healthcare provider,

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now this. a retired firefighter on his way to the gym springs into action by running into a burning home, risking his life to save two young girls. we have the story. smoke was just starting to come out. >> reporter: a house fire exploding in the early morning hours last month in phoenix, arizona. the heavy smoke, flames, and multiple explosions caught the aconti attention of a retired fire commander. >> i just went to watch the guys put the fire out. >> reporter: but when he arrived, there were no fire engines on site. >> neighbors were screaming that there are girls inside. propane tanks are blowing up on the right side of the house. so, jumped over the fence. i got everybody out to the street because of the explosions. and worked to get the two girls out. >> reporter: then heading back to smoke filled rooms, went inside the house again. >> one of the girls wanted to get her puppy.

so we went back. and made sure we got her little puppy. >> reporter: he rescued the puppy and two young girls that day. their parents were not at home. the girls' father was so grateful lambert was in the right place at just the right time. >> translator: i thank him from the bottom of my heart. i'm glad he was there. if it wasn't for him, we don't know what would have happened. he's like an angel sent from heaven. >> it makes you cry. you feel good that they're safe. >> lambert credits the phoenix fire department with the rapid, aggressive response that put out the fire quickly. >> there was a lot of propane and a lot of fire load there. tons of palettes. and, so, it was an intense fire super fast. >> dozens of phoenix firefighters put the fire out and helps keep it from spreading to neighboring homes. but for fire captain todd keller, dana lambert, the retired firefighter, rescue crew member and father was the hero that day. >> he's got a lot of experience. and i can tell you that he coordinated with our