captioning sponsored by newshour productions, llc >> woodruff: good evening, i'm judy woodruff. on tonight's pbs newshour. the dangerous and deadly passage into europe. on land and by sea, casualties rise as hundreds of thousands make a desperate journey. we continue our series on katrina, ten years later. an ambitious experiment to turn around failing public schools. but have charters succeeded by bending the rules in their favor? >> they wanna have great test scores. if you're a low tester and i really want to get you out of my school, one of the tools i've seen used is suspension. >> woodruff: and it's friday. mark shields and david brooks are here to analyze the week's news. all that and more on tonight's pbs newshour.

>> major funding for the pbs newshour has been provided by: ♪ ♪ moving our economy for 160 years. bnsf, the engine that connects us. ♪ >> supporting social entrepreneurs and their solutions to the world's most pressing problems-- skollfoundation.org.

>> the ford foundation. working with visionaries on the frontlines of social change worldwide. >> and with the ongoing support of these institutions >> this program was made possible by the corporation for public broadcasting. and by contributions to your pbs station from viewers like you. thank you. >> woodruff: the united nations refugee agency announced a striking figure today: the number of refugees and migrants making the dangerous mediterranean sea crossing to reach europe this year has now passed the 300,000 mark. that's more than 40% higher than the record number who made the crossing in all of 2014. and that number doesn't include the 2,600 people who have died

this year on the journey. we'll have an on the ground report on this growing crisis right after the news summary. a u.s. government program that collects the telephone data of millions of americans can continue for the next few months. that was the ruling of a federal appeals court judges today that favored the obama administration's position on the n.s.a. surveillance program. the program expires in november and congress has passed legislation to replace it with a new program. for more on the ruling and what it means, i'm joined by devlin barrett of "the wall street journal." devlin, welcome. what was it that the judges were asked to rule on? >> well, the lower court judge found that the program was almost certainly unconstitutional, and the government appealed that decision. what this panel said today was they reversed that lower court finding in the sense that they said, look, we're going to overturn what's called the preliminary injunction, we're

not going to let that stand, and we're going to toss the case back to thrower court judge. so, now, that judge has to make some more findings of fact. but what the judges did beside just sending it back to the judge, they said they have a lot of skepticism about whether the person who is suing can prove his phone records were taken as part of this program. >> woodruff: so what's the practical effect of this? what does this nine for the n.s.a. and whether it can continue this collection of the so-called metadata? >> well, that collection in its current form will only continue till the end of november under a law passed the summer. >> woodruff: anyway? right. to a certain extent, you're seeing the lawyers and judges on each side of this issue getting their last licks in on this issue before a lot of it becomes moot anyway. but until then, there are still going to be fights in new york and d.c. about whether any of this was ever legal. certainly the privacy groups would like to get more rulings

that say, no, it wasn't. mean time, just this week, the surveillance court said, yes, this will continue and will continue till the end of november and is not a violation. >> woodruff: so does the fact three appellate judges have held the way they have, does that weigh the scale in one way or the other, do you think, more on whether this collection is constitutional? >> at this point, both sides have a bunch of rulings they can point to that back up their claims. there is an equally important appeals court decision in new york that says congress never intended for the government to ever do this when it passed the law. so i think a lot of this is undecided. it will be interesting to see if anyone gets a decisive blow -- one last blow in before the november deadline. >> woodruff: devlin barrett of the "wall street journal," we thank you. >> thank you. >> woodruff: tropical storm erika has claimed the lives of

four people after barreling through the eastern caribbean island of dominica, and that number is expected to rise. it dumped 15 inches of rain there, triggering landslides and flooding. at least 20 people are still missing. the storm is now located south of the dominican republic, moving west with maximum sustained winds of 50 miles per hour. it's expected to hit south florida monday, where governor rick scott has already declared a state of emergency. >> we don't know how much land it's going to go over. we don't know how much water we're going to get. but clearly the storm track is continuing to move a little bit west. historically, as you know in storms and hurricanes we get more water in the state the more the storm track goes west. >> woodruff: forecasters anticipate erika will likely weaken to a tropical depression before it reaches florida. greece swore in a new caretaker government today, ahead of next month's national election. the new prime minister, vassiliki thanou, is the first woman to run the country.

her temporary cabinet will be responsible for overseeing the implementation of several of the conditions vital to a new financial bailout by the europeans and the imf. alexis tsipras resigned only seven months into his tenure as prime minster after a revolt from within his radical-left party from those opposed to bailout terms he agreed to. lawmakers in japan set new targets for employers to hire and promote more women as managers. the rules are an attempt to close what has long been one of the starkest gender gaps of any developed country. women currently account for only 11% of supervisors in japan. the new law is effective for the next ten years and applies to companies with more than 300 employees. a former archbishop charged with sexual abuse of children has been found dead before he could stand trial for his alleged crimes. jozef wesolowski would have been the highest-ranking vatican

official to come before a tribunal. but he fell ill before the trial's july start date. already defrocked, he died while under house arrest in vatican city. initial findings indicate his death was from natural causes. after a volatile week of trading, markets were mixed both in the u.s. and overseas today as a mid-weekly rally faded. on wall street, the dow jones industrial average lost nearly 12 points to close at 16,643. the nasdaq rose more than 15 points and the s&p 500 added a point. for the week, the dow gained more than a percent, the nasdaq rose 2.5% and the s&p was up nearly 1%. still to come on the newshour: a deadly week for migrants and refugees struggling to get to europe over land and by sea. a look at the new orleans overhaul of its public school system, relying overwhelmingly on charter schools. and much more.

there's more tragedy to report tonight as desperate refugees and migrants continue to make there way toward and through europe. hundreds are feared dead just off the coast of libya and the number of victims found dead in a truck in austria rose to more than 70. lindsey hilsum of independent television news reports. >> reporter: the first coffins of the 71 people found dead in a truck at the roadside yesterday may be the only time they have been treated with dignity in weeks. 59 men, eight women, four children amongst the bodies bof syrian identity documents.

>> we have confirmed the insulating layer on the sides of the truck didn't allow any air to pass through. we can neither rule in or out whether they insured air came through the cooling system or the roof. i believe that, most likely, the people in here suffocated. >> reporter: the truck passed no border controls when it entered austria from hungary. >> i think the issue is not to make more border checks. i think it's to find easier ways to europe. on the one side you can protect the refugees, on the other side is the best in the governments. >> reporter: this morning's scenes on the libyan coast make that appear even less likely. up to 200 people drowned from

two boats trying to reach italy. deaths at sea, deaths in a refrigerated truck. coffins or body bags. it's primarily africans who set out from libya, but syrians were also amongst those rescued yesterday. >> we have been forced to take this route. it's called the route of death. we now call it the graveyard of the mediterranean. sphoo such images do little to brick the conscience of those who believe europe can neither absorb migrants seeking a better life, nor refugees fleeing conflict. but this morning at austria's over crowded refugee camp south of vienna, we found volunteers bringing aid.

>> we want to do something. they're not talking and listening and reading on facebook and other social media, helping. >> clothes. people are collecting things in their homes that we could use. >> reporter: the building, once the artillery cadet school was converted in 1956 to house hungarians fleeing the soviets, now it's sheltering people fleeing to, not from hungary. the conditions are criticized in which 5,000 refugees live, and individual austrians are starting to help. >> people here are very, very, very good. they respect syria, and they give us many help from clothes and anything we want.

>> reporter: that's good. yeah. >> reporter: so what is your dream? what are you hoping to do? >> dream? i hope to study here. because in syria i was studying mechanical engineering, and i hope to complete my university here. >> reporter: across europe, not least here in austria, politicians fear anti-immigrant pressure groups, hence the tough anti-foreigner talk. but there are other voices, other views. >> woodruff: today, german chancellor angela merkel said that european union ministers will be looking into rapid changes to the asylum system. next, we conclude our weeklong series about how new orleans and

parts of the gulf coast are hurricane katrina hit. this weekend marks the tenth anniversary of when the storm struck and in the days after when the levees broke, leaving the city flooded. president george w. bush-- whose response to katrina was roundly criticized-- returned to new orleans today. he praised the city's recovery and resilience. in a speech at a charter high school that he said captured the school system's turnaround. >> the ground we're on today was underwater. all of us who are old enough to remember will never forget the images of our fellow americans amid a sea of misery and ruin. we'll always remember the lives lost across the gulf coast. their memories are in our hearts, and i hope you pray for their families. in a cruel twist, hurricane katrina brought despair during what should have been a season of hope: the start of a new

school year. students who had recently gone back to school suddenly had no school to go back to. many had nowhere to live. the floodwaters, as you all know better than most, claimed schools and homes alike. i hope you remember what i remember and that was the thousands who came here on a volunteer basis to provide food for the hungry and to help find shelter for those who had no home to live in. one of the groups that stepped forward to serve were the educators of new orleans. at a time when it would have been easy to walk away from the wreckage, the educators here today thought of the children who would be left behind. you understood that bringing new orleans back to life required getting students back to school. and even though some of the educators had lost almost everything you owned, you let nothing stand in your way. today we celebrate the

resurgence of new orleans schools. we honor the resilience of a great american city whose levees gave out, but whose people never gave up. >> woodruff: that brings us appropriately to our look at what's happened to new orleans' schools over the course of the past decade and the big changes that they have undergone. it's a story we've reported on closely throughout. tonight, john tulenko of education week, which produces stories for the newshour, has our report. ♪ >> reporter: as you can see, in parts of new orleans life seems to be getting back to normal ten years after katrina. but many folks are wondering about the public schools. for the last 10 years, they have been engaged in what some have called the most ambitious experiment ever in public education. and whether or not it's working depends on whom you ask. >> i do see improvement in the

kids and in the schools. >> reporter: is it working? >> no. >> the charter school system has done tremendously well for the local kids here. >> it's working for those who have their money, their hand in the cookie jar. >> i think they are better than they were 10 years ago. >> reporter: 10 years ago, new orleans public schools were headed for rock bottom. fewer than a third of eighth graders could pass a reading test. and corruption was so deep the fbi had set up an office inside the school administration building. patrick dobard, who oversees the schools today, remembers how bad it was. >> orleans parish school board at that time, unfortunately, it was really academically and in some instances morally and financially bankrupt. and then katrina came. when you have a catastrophe like that, it is an opportunity to start anew. because a lot of the institutional barriers, both real and perceived, were literally and figuratively, and

unfortunately washed away. >> reporter: seizing the moment, the state took control of the city's failing schools. pink slips were sent to all 5,000 teachers and the state set out to remake new orleans as a city where nearly all the schools would be independently run charters. local school officials were no longer in charge. >> i'll know you're ready because your eyes will be just on me. thank you so much. >> reporter: some charters split up the boys and girls. others focused on the arts. most introduced uniforms and strict rules, and all were to be held accountable for results. >> you have a five-year contract. and if you don't meet the terms of that contract, we have the ability to not allow you to continue in existence. ♪ >> reporter: charters were new and different. and it took some getting used to for parents like cheryl griffin.

>> the first time i came to a meeting here, i'll tell you the truth, i was like "what kind of crap is this bojangle? what are they doing? i am not gonna be a part of this." but then i saw that summer got it this way, i said "well, that's the process. the process is to get it." she loves it. >> definitely the teachers. they have excellent teachers. they have more things for kids to >> reporter: michael franklin is another parent who was won over. >> there are more ways to help kids and get kids to achieve their potential. >> new schools were opening every year and the results looked promising. >> we went up in every grade in every subject. ♪ >> reporter: today, graduation

rates have climbed from 54% to 73%. test scores are substantially higher, and more students are enrolling in college. for some, new orleans has become a model of urban school reform. >> when i think about nationally people looking at it, it makes me realize how big this is. because what we're doing is extremely different and progressive, but it's also, in my mind, like the fundamental things we should be doing across this nation regardless. >> reporter: but there is another side to this story. some say charter schools, operating with little oversight, have succeeded by bending the rules in their favor. >> so, your shoes cannot have gray on them. must be all white or all black. >> reporter: critics point in particular to school discipline codes, which charters write themselves. >> the rules, like a lot of the schools have rules called willful disobedience, right? which is subjective. it's anything i want it to be. >> reporter: for 10 years, ashana bigard has been helping parents navigate the schools here. her daughters attended local charter schools. >> so willful disobedience could

be anything from you not tracking the teacher with your eyes to being perceived as coughing too much in the classroom. >> reporter: the punishment for that is what? >> a lot of times, suspension. >> they wasn't interested in trying to help a problem child, i would say that. weren't interested in seeing what your issues were at home or why you are coming to school and having a bad day. it was five days and go home. >> reporter: antonio travis says five day suspensions for minor infractions were the norm at his charter school. >> reporter: did you see students in your class start to disappear? >> yeah, most definitely. from numerous amounts of suspensions, parents would just get tired of it and take them out of school. >> reporter: just two years ago, some charters were suspending 40% or more of their students. >> they wanna have great test scores. if you're a low tester and i

really want to get you out of my school, one of the tools i've seen used is suspension. >> reporter: while some charged students were being pushed out, others claimed that their kids couldn't even get a foot in the door. >> the 1st time we went and applied at a charter after katrina, what i heard was: "oh, we can't, we can't accommodate him." >> reporter: sue bordelon's son, clarke, has autism. >> and this was repeated over and over at every charter school we went to. >> reporter: parents of students with disabilities took their claims to court and won stricter oversight and regulation. but even before the lawsuit, state officials had begun to reassert control over charter schools, starting with a new, centralized system for admissions. >> with our central enrollment system, it's agnostic and doesn't know whether the kid has a disability. so schools, once you get a kid

in the school, the child is assigned to the school, you have to serve that kid. >> reporter: the approach to discipline is also changing. any expulsions must now be approved by the state. but what about suspensions? >> they can suspend as much as they want. and if you're 14 or 15, 16 and you're on suspension every two weeks, every two weeks, after awhile you're not going to come back to school. >> reporter: charters point to declining suspension rates as evidence they're not pushing students out. to keep kids at school and address behavior, some are bringing in more counselors. it's a start, but there's hard work ahead. >> i think the next 10 to 15 years is literally around mental health interventions that we could put in place. like do we need more than school psychologists? maybe we need psychiatrists. those are the things that traditionally haven't been like the main focus of schools, but we have to look at that. >> reporter: the difficult work of school reform has also made new orleans look within. >> we have to have like a federalist type of oversight.

government has to play a role and make sure that all students are being served well. but then within that framework we want to be able to give like individual rights to charters, much like states rights. that's in essence what we're building. >> reporter: whether charters schools can deliver on their promise to provide quality education to all students here remains to be seen. in new orleans, i'm john tulenko of education week, reporting for the pbs newshour. >> woodruff: stay with us. coming up on the newshour: mark shields and david brooks analyze the week's news. and how a congregation came together in a preacher's living room after their new orleans church was destroyed. but first, we return to questions and concerns being raised about sexual assault among teens at the high school and college level and what kind

of consent can and should given. a trial over an alleged case of rape at an elite boarding school in new hampshire concluded today. the case has attracted national attention, and it touches on some broader issues jeffrey brown starts with some background. >> brown: owen labrie wept as his verdict was read aloud in new hampshire state courtroom. the former prep school student had been accused of raping a freshman girl before his graduation in may 2014. but the jury this afternoon cleared him of felony rape and, instead, convicted him on three misdemeanor sex charges. during the trial, prosecutors argued labrie forced himself on the alleged victim during a so- called "senior salute"-- a tradition at st. paul's school

where upperclassmen try to have sex with underclassmen. >> i thought she was having a good time. >> brown: labrie said there was consensual sexual contact between the two, but later testified that "divine inspiration" compelled him to stop short of intercourse. >> i thought to myself maybe we shouldn't do this. it hadn't been my intention going into the night to have sex. >> brown: the identity of the victim-- now 16 years old-- has not been released. in her testimony she said she said "no" on three occasions. prosecutor joseph cherneskie: >> he didn't care that she said no or froze up, he cared about what he wanted. >> brown: the defense counters the victim lied about the encounter to protect herself, only after labrie bragged about having sex on facebook. it's a claim labrie now says was false. >> it was a joke, but today's a lie right? >> yes it is a lie i wanted to boast to my friends afterwards. and i misled them.

he faces one year in prison for each of the misdemeanor charges and up to seven for the felony every case comes with its own particulars, of course. this one had the added public attention because of its setting at an elite prep school. but it does, say our two guests, speak to difficult larger questions about the law and what constitutes sexual consent. turn to: emily bazelon is a staff writer for "the new york times" magazine who has been reporting on the case. she is also a senior research fellow at yale law school. and deborah tuerkheimer is professor of law at northwestern university who has written widely on rape and domestic violence. welcome to both of you. emily bazelon, we start with you. you have followed this case. what can you read from today's verdict? what can you see from it? >> it's a nuanced, mixed verdict. i think you can see the jury believes owen had sex with the

girl who accused him of rape and were convinced that because she was younger -- she was 15 at the time, he was 18 -- that this was a criminal offense. but the jury did not see enough evidence to be certain that this girl did not freely consent to the sex and, so, for that reason found owen not guilty of the felony charge. >> brown: to chafer, the misdemeanor conviction is because under the law a 15-year-old really cannot give consent? >> that's right. the jury could say whether or not she consented, this is a misdemeanor offense because of the age difference between the two of them. >> brown: deborah tuerkheimer, what do you see in the verdict? and tell us what kind of issues it begins to raise in the larger question. >> well, these are incredibly difficult cases. as you mentioned, jeffrey, each is different and they're all very fact specific. but cases like this tend to involve two different versions

of the events and the jury is forced to grapple with difficult questions of credibility. that surely was the case here. it seems, as emily says, that the jury did not believe owen's account, that there was no sex. at the same time, it was, i think, incredibly difficult to sort out this question of consent and whether the signals were clear enough, whether the nos and the context of what came before and after were clear enough. so, for me, what's really interesting about this trial and this case is that it's centered on questions of consent, notwithstanding the misdemeanor charges, at the heart of this case was the issue of consent, which is where rape law is moving toward, in this direction of looking at consent as the central issue. >> brown: emily bazelon, explain to us the state of what's understood and what's still confusing about consent. we all know the phrase "no means

no," we hear more about an affirmative consent. we still hear about the possible role of force in these cases. what can we see we know at this point and what's still confusing? >> in new hampshire it counts as rape to have sex with someone who does not freely consent and that was at issue in this trial, as deborah was making clear. in many states, however, the prosecution has an additional burp and has to show force was used in the sexual act. whether that is still the appropriate legal standard in this time where we really have focused on consent i think is an open question. these statutes to me seem quite outdated. what you can see in this case, however, where consent was at issue is how difficult it is to know what happened between two people in the private space where no one else was there. >> brown: but, deborah tuerkheimer, that means in different states you can get

very different results, even when the facts are clear or understood. >> right, and in many states this case would never have come to a trial. no pros tutor would be able to move it forward, except, again, on the misdemeanor charges. that in itself is worth talking about. is this the kind of case that we want to see go forward and at least put it to a jury to resolve these questions of credibility. >> brown: what about, deborah tuerkheimer, the issue of affirmative consent where a "yes" is required as opposed to a "no means no." how much has that standard come to be accepted at this point? >> well, the standard is it increasingly accepted on college campuses where the yes means yes, affirmative consent movement has had considerable attraction. 1400 schools, maybe more at this point, have adopted this kind of standard in their disciplinary codes, which is, of course, quite different from a criminal code where we've really not seen

this kind of movement in the direction of requiring affirmative consent, the kind of yes means yes, passivity doesn't mean consent, the alleged victim must do something to indicate that she is willing to engage in this kind of conduct. there are only a very small number of jurisdictions actually have this kind of definition on the books. >> brown: but emily bazelon, it is a moment where a lot of students are starting college or going back to school. how much do you sense an awareness of this on college cam pulses? what's -- campuses? what's being done for more awareness or more prevention at this point? >> some schools are really trying to teach students about yes means yes and no means no to get them to focus on this idea that if you're engaging in sexual activity with someone, you make sure that both people want to be doing what you're doing. i think cases like this help

drive home the message that there is risk here for boys and men as well as girls and women, a reason to look out for yourself, a possibility of a prosecution like this. so that's something hopefully students will take to heart. >> brown: we're taking about college. but deborah tuerkheimer, in the case like today, we're talking about high school, it's a prep school, so maybe a specialized kind of case. but how much of all we're talking about, the awareness at the college level, for example, do you have any sense of how much that is filtered to high schools, administrators, people in charge that are maybe making students aware of it? >> my sense is that the conversation is at an earlier stage of its evolution, when it comes to this issue on high school campuses as opposed to college campuses. but it's, of course, really important that we're talking about this, and the younger -- the population, i think, the

greater likelihood these kinds of cases are going to come to the fore if we're open to seeing them. >> brown: one brief last question, emily bazelon, is that the area where the law follows the culture when you see what's happening around different states or even in a national level? what leads the conversation or the action? >> you know, that's scutc such d question. they tend to take turns or move in tandem with each other. right now i think the culture is ahead of the law in the sense that the culture is very much about this question of consent, and legal statutes can take time to rewrite and be reenacted. so we have a number of states that have lagged behind the cultural conversation and it's time for the law to catch up. >> brown: thank you very much, emily bazelon and deborah tuerkheimer. >> thank you. s for having us.

>> woodruff: vice president joe biden weighs a run for the white house, party loyalists criticize hillary clinton's handling of her personal email account and bernie sanders continues to draw huge crowds and pulls ahead in new hampshire. just a few of this week's news developments, as we turn to the analysis of shields and brooks. that's syndicated columnist mark shields and "new york times" columnist david brooks. welcome, gentlemen. we have been spending a lot of time talking about the republican in the last few weeks. let's spend time talking about the democrats. joe biden, david, a lot of talk about whether he's going to get in, he's been meeting with the head of the teamsters union, met with the darling senator warren. he's got people advocating for him now at this big democratic gathering in minneapolis. do you think he's going the get in? >> no. first, god bless him for his

resilience. the guy still loses his son, still wants to serve the country and is emotionally strong enough to do it and i salute him. he's a wonderful man, a great public servant. what the country is in the mood for is anti-establishment. that's one of the reasons hillary clinton and jeb bush is sailing into head winds. whatever is happening with the clinton campaign, joe has the problem. he'll get a sense of the atmosphere, the money and the organization, and hillary clinton is still a formidable opponent. my guess is he won't do it. >> woodruff: do you share the guess? >> i don't. you know, with great respect for david, i don't think anybody knows. as david indicated, he was not sure. it's a most personal decision imaginable, as david touched on,

with the death of his son in may, it becomes more personal. it's a family decision. he's a grandfather. what you see with joe biden is what you get. david's right, it is not an anti-establishment burks america is craving authenticity in 2016 and joe biden brings authenticity to it. he's also a happy warrior. he also communicates with working class voters a lot better than most democrats do, and i think better than secretary clinton did, except in the late primaries in 2008. so i think he probably had ruled it out, he accepted it earlier, and hillary clinton had wrapped up endorsements. she had money, support, and she stumbled. make no mistake about it. she looks vulnerable and there's a surge of affection for joe

biden, and i don't think he's made the decision. i think he's going to make it shortly. his conversation with elizabeth warren was no offer, no ask. they spent an hour and 50 minutes together and most was talking about issues and 10 minutes or so about politics. >> woodruff: if he did decide to get in, what would be the pros? what would work for him and what would be the problem? >> he's from scranton. beautiful stories to tell. when his dad was unemployed in the depression, got a job with the car dealer, and at christmas they were at a party and the ownership of the deerpd as a bonus to the workers threw a bunch of silver dollars on the dance floor to pick them up and joe biden's dad quit on the spot and was not going to be treated that way. that was an authentic part of life and the sense of dignity he was raised. with joe biden quotes this all the time when he campaigns, his

entire family campaigns, his sister. he's been changed in the past eight years. he's urging to express himself. he has great vitality. as a campaigner, i remember following him last time, he would give a really good speech and then two others would come. so he's always had a hard time controlling his tongue. but he's a loveable guy. >> woodruff: what do you see? basically, secretary clinton, the democratic party has empathy and that is a sense on the part of voters that they care about people like me. in 2012, four presidential qualities that the exit poll asked voters on the election day, who has vision to the future, who's a strong leader, who shares your values, mitt

romney beat barack obama by ten points. who cares about you, 81-18 barack obama. bill clinton always had that. bill clinton, his candor, forthrightness, behavior, there's always a sense he cares about ordinary people. there is a real commitment there. she in this latest quinnipiac national poll yesterday, you know -- >> woodruff: hillary clinton? hillary clinton, who's ahead, who's behind us thing, they asked who cares about the needs of someone like you. 46% agree, 51% disagree. that is a killer. joe biden has a far more positive rating as bernie sanders. i mean, with hillary clinton, the first woman candidate and a democrat who was had the chimps defense fund and healthcare and all the rest of it, that's a real problem. i don't care how many endorsements or superdelegates you've got, that becomes a real

problem. >> woodruff: well, it is her perceived weakness that, as you said, mark, that it has generated all this talk around biden and the consideration of biden. but, david, how vulnerable is she really? she's out this week, she's taking responsibility for the decisions she made on the personal email server. she's talking a little bit tougher on the campaign trail, talking about how republicans and terrorists view women. is she turning this around? i mean, how do you see her vulnerability? >> i think she's both an extremely likely nominee and also kind of weak. and i just don't think there's a plausible alternative right now, so she's going to be the nominee, but her weaknesses have been on display. things are going to come out. they have the servers, they're going to apparently be able to recapture some of these deleted e-mails and some of those things may or may not come out, but

that's sitting out there. secondly, the establishment thing is a problem for her. third, and i think this is the most serious one in a way, is there is sort of an unconscious boredom about her people, 30% don't think we're headed in the right direction, there is a desire for something new, and her events, i haven't been to one of her events burks reading them, seeing them on the tv, they don't look exciting. they don't look like they're passionate. they don't look new and fresh. so, when you have a campaign that's not that creative, apparently, you've got a problem and especially in a year like this when bernie sanders and trump and at least someone new and vibrant seems to capture attention. >> woodruff: and the polls say people talk about her "not being trustworthy, honest." is that real at this stage? >> it is. i thought, again, the idea where people volunteered a word about

her in the quinn phiiac poll, that doesn't mean anything unless you narrow it to democrats and independents. republican will cite what they find the most, same if you talking republican to democrat. the email remains a problem. the other thing that's a problem is -- inevitability is not a campaign strategy. we're going to win because people are with us -- that's not it. there isn't a sense of purpose or energy or mission in the campaign thus far. meerntion she was a very -- i mean, she was a very good candidate at the end of the race last, in the state like ohio, pennsylvania and texas she was a lot better candidate than barack

obama. can i talk about bernie sanders? >> woodruff: i want to ask you both about him. we're talking about hillary clinton's problems, joe biden may not get in, bernie sanders is pulling ahead of hillary clinton in new hampshire, drawing big crowds. is he any more plausible? >> i'm a little more humbled, i thought he was not plausible at all. sometimes parties elect a candidate that's unelectable but not that unelectable. the country is just not that far left as he is. his support is growing, but i don't know if it's widening and whether it's widening out of the white university towns, and if he can do that, then you begin to think, well, maybe maybe. but until he can do that, i think it's extremely unlikely he'll be the nominee, but he will continue -- he's where the economic heart and soul of the party is right now and

especially among progressives in university towns or places like seattle, he's right what they need and he's got the outsider thing which is so big this year. >> woodruff: how do you see bernie sanders? >> i'm more expressed and have been. before i became a pundit, i used to work in political campaigns, three presidential campaigns. >> woodruff: that's what you did? >> yes, no inaugural speeches but three presidential campaigns and 38 different states, and i can tell you, getting a crowd is a lot of work. it's a lot of work. that's why people don't try to put crowds together. i mean, it requires -- if you want 500, you have to have 750 there because the last thing you want is a press report that begins speaking to a half empty high school gymnasium, senator brooks outlined his program. and the size and intensity and enthusiasm of a crowd drives press crnlg and overcomes skepticism in the press and enlists people. bernie sanders had 27,500 people

in a sports arena in los angeles in august. a democratic campaign event in los angeles is a party at stephen speilberg's house hosted by george cluney. i mean, they don't get 27,500 people. that is remarkable. 11,000 in phoenix. 28,000 in portland on a sunday. i mean, that is real intensity. everything about bernie sanders, i think, translates in a year when money is king, and donald trump in a training way has been the greatest campaign finance reformer, but pulling back the curtain and saying, this is how it works, i give money, the senator calls me back and she does what i want her the to do. bernie sanders raised an average contribution, 80% of his money,

$31. it's small donors. we in the press are not biblical scholars but we love the david and goliath story and he is david. it's not the messenger. he's not a charismatic, compelling personal figure. he has a compelling message and that, is you know, to wall street and the rest that you're going to pay your fair share and you're not going to get away with murder anymore. >> woodruff: we'll leave it there, mark shields, david brooks, thank you both. >> woodruff: before we go, we finish out the week with voices from a small community church in new orleans that's still trying to rebuild a full decade later. the mount nebo bible baptist church was destroyed in the lower ninth ward during the storm, while neighborhood residents were forced to move away. today they are returning slowly. but the reverend charles

duplessis still has to lead church service and bible study in the living room of his very own home, as he works to bring back the church building. ♪ ♪ oh lord, have mercy. have mercy, on my soul. >> the day we entered the building, we surrounded it. we had the friends and family and the church members. we surrounded the church, we said a prayer before we even went into the building. and so we went in and we had a joyful noise in the lord. we had choirs, we started a youth choir. we had sunday school, bible study. and every other sunday we'd have

volleyball and the young children would play basketball and football because they had enough room to do all three of those things. it was two stories. we sat on 20,000 square feet of property, it was five lots. so we moved in and we were in it until katrina struck. ♪ ♪ oh lord, we need you. >> we don't really talk about it. we know what happened when it went through. it's nothing else we could do. just thank god, we're still around. a lot of people didn't even come back. i guess they had nothing to come back to. >> when we got to the church. we went up the steps and opened the door. the pews were pushed forward. the stairs to attic was down.

it was just heartbreaking to see what all you ministered and where the kids played and where we worship at, all devastated. the question was: "how do you get the church back?" all the congregation had been scattered. and it took us a while to find where everybody was. we had 120 people in our congregation and now we're down to 49. i woke up one morning, about 2:30, and i was crying. and god said, "why are you crying?" i said, "god, you know why, god you know why i am crying. i am out of people, anything that i can't find them." and he said, "i got it." "place it into the sea of forgetfulness, but we're never homeless on our just day." >> our home was finally rebuilt in 2009.

and so when we moved in, we started having services. here in the home, trying to rebuild the church on flood street. i knew god would, some kind of way, bring it back together. he said: "my son who was lost, now he's found. and therefore the whole household could rejoice." >> i know he would like to have the church rebuilt. i would like to see it rebuilt myself. i miss the church, but the church is in your heart. ♪ what a fellowship, what a joy divine, leaning on the everlasting arm. >> i don't care where you're at. you can have it on a tent outside. you could be on the street. if you're praising god, house or no house, it's a blessing to have a place to go. ♪

♪ lean in. >> one of the things that the bible says is: "speak those things as if they were already". and i see the church, it's there in my mind. there is no doubt that god will restore us. ♪ >> what i do know about people from new orleans is we always come back. that's the uniqueness of our culture. it's that i want to be home. i am coming home. ♪ ♪ twas grace that brought me safe thus far, and grace, will ♪ lead me home.

>> woodruff: what an inspiration. the reverend said he still raised less than half the money needed to rebuild the church, but he says he is confident in its full return. on the newshour online right now, we told you about two teenage best friends last november who dreamed of making an epic zombie movie. and they succeeded, inspiring celebrities and movie pros to pitch in. the newshour's mike melia returned to visit the guys on set, transforming from a mild- mannered reporter into a hollywood-worthy monster. all that and more is on our web site, pbs.org/newshour. and a reminder about some upcoming programs from our pbs colleagues. gwen ifill is preparing for "washington week," which airs later this evening. here's a preview:

>> ifill: as the summer winds down, political tensions ramp up. will joe biden run? will hillary clinton be able to keep him at bay? will donald trump's braggadocio keep him on top? and will president obama face a whole new raft of challenges after labor day? we might actually have an answer or two. tonight on "washington week." judy? >> woodruff: on pbs newshour weekend saturday: a look at some of the new orleans residents evacuated after hurricane katrina who have not returned. >> i really feel like this apartment in pearl river, it's a grounding spot. this is honestly the first time that i felt that since katrina. it's still empty in a lot of way because the life that i know is no more. shortly before katrina my dad died, and then katrina happened, and everything i knew, you know- - school, work, house, family-- like it was just completely annihilated.

everything changed. everything was just ripped away in an instant. >> woodruff: that's tomorrow night on pbs newshour weekend. and we'll be back, right here, on monday with amy walters and tamara keith, bringing you the latest on the 2016 presidential campaign. that's the newshour for tonight. i'm judy woodruff. have a great weekend. thank you and good night. >> major funding for the pbs newshour has been provided by: >> carnegie corporation of new york. supporting innovations in education, democratic engagement, and the advancement of international peace and security. at carnegie.org. >> and with the ongoing support of these institutions

and foundations. and friends of the newshour. >> this program was made possible by the corporation for public broadcasting. and by contributions to your pbs station from viewers like you. thank you. captioning sponsored by newshour productions, llc captioned by media access group at wgbh access.wgbh.org

this is "nightly business report" with tyler mathisen and sue herera. >> tumultuous week. stocks close out the week on a calmer note, but the wild swings remain with investors. the question is -- what have we learned? finding value. following this recent turbulence our monitor has some winners in sectors that may have been left for dead. and crisis and recovery. a look at how new orleans is faring ten years after hurricane katrina. all that and more on this friday, august 28th. good evening, everyone, and welcome. i'm sue herera. tyler mathisen is off tonight. >> taking a braet breath. that's what investors seemed to do following a week of restlessness on wall street. after several point losses and severe point losses on monday