and that even former judges at the fiske judge robertson commented that that change for the fisa court has been a very significant one from where the court started in 1978 and where it is today. >> i think -- i think it is definitely true. i think what we have done is we have taken a whole category of activity that generally speaking and throughout most of the world has no judicial supervision at all, and up until recently was considered an inherent executive function and we brought the courts into the system. so actually what it has done is it increased judicial involvement in activities that previously had no judicial supervision whatsoever. >> is this one of the ways that parallel construction becomes the hot points right? in a way it is where bob's description of the legal history and value and perhaps uniqueness of the fiske court doesn't translate perfectly into an adversarial setting on the other side where information has to remain classified, doesn't end up before the defendant, or doesn't -- the existence of it doesn't end up before the defendant. i would add for at least the

reporter molly hennessy-fisk is based there for the "los angeles times" and joins me now.me to the newshour, so what is the latest on the flooding situation and on the casualties? >> well judy thanks for having me. we have the death toll has risen to about 19 in texas and oklahoma. but they're also still searching for people who are missing, as you mentioned. we have some people who are missing in houston from the flooding here. but then also in central texas, still from flooding that happened over the holiday weekend. >> woodruff: an what about the flooding situation i mean how bad how high is the water how big a threat? >> well the water got pretty high. we had almost a foot of rainfall overnight into tuesday morning. and so yesterday was a big day for people you know kayaking in the streets and trying to get around people who were trapped in their homes had to be rescued by fire crews who went around the neighborhoods in rescue boats. one of those boats capsized and two of the people who were still missing had been in that boat. today the waters had receded mostly. hi g

specific protective equipment needs to be warn by trained fisk to work with the oil. many of us responding here work live, and play in southern california. and i understand the desire to help. but i must stress, that even the volar toos must be trained and wearing proper equipment. we are dedicating ourself to deploy the best assets available. at the federal state and local levels. the website is california volunteers.org. we are continuing to boom, contain, and clean oil in all environmentally sensitive areas. as clean up crews continue to work 24 hour as day specialize shorelines and offshore assessment teams are continuing to move along the coastline. to monitor, and direct contractors and response workers to the effected areas. to measure the spread of pollution, we are using the daily overlay of bills. more than 3,000 feet of boom has been deployed. thank you very much. >> ladies and gentlemen may introduce michelle, united states environmental protection. >> my name is michelle rogo. and i am co leading the federal side of the response with captain williams. i a

i did my under deprad wait work at fisk university where i studied political science with a concentration in public administration and worked eight years largely in the public sector. then i earned a master's degree from carnegie melon in pittsburg, pennsylvania. i spent some time as assistant executive director for a non-profit. we did work if a lot of kids in the neighborhood. i have done fundraising for candidates and issues. i have experience with the federal reserve bank of san francisco. when i look around my neighborhood and see the changes that are happening, i so there is no neighborhood grocery store. i see that small businesses in particular are coming and going, and they haven't been able to really sustain themselves. from my work experience in working for the city in the mayor's office as well as in the non-profit i had a good sense as to what some of the challenges were. when i look in the future i could see more challenges coming. i thought i had a set of experiences and more importantly a passion and desire to serve. >> i understand that no one wants to have their programs

software engineers are teaching at a handful of historically black colleges like howard, morehouse and fisk university. the google in-residence professors are already making an impact. 30 students from the schools will be google interns this summer and one senior is going to start at the company full time once he graduates. >>> the nation's largest milk producer is trying to make milk a -- >> we remember all the ads. for that story and the nasdaq which had its worst week in a month, we're going to go now to landon dowdy live at cnbc world headquarters with the latest. good morning, landon. >> guy,s, good morning. the market will start the week out on a positive note. closed down for the week. it's a busy week for economic data topped by the monthly jobs report on friday. news on factory orders and comcast reports earnings this morning. on friday the dow rising 183 points to 180.24. nasdaq up 64 to 50.05. and milk is not just for breakfast anymore. dean foods, the nation's largest milk producer, is trying to make the white stuff relevant again after years of falling consumption. they tell cn

needs inquiry and look at the program as a whole, not just the initial collection but the act that the fisk has -- what would , be query and set out in the primary owners reporting that to -- primary orders, and reporting back to the fisk. this is reflected in the court's opinions which have been declassified. not just the court accepting whatever the government offered but making determinations according to its own statements that with these procedures the program strikes an appropriate balance with providing the capability that is -- >> that opposes more restrictions than the government sought at the time? >> i didn't know the answer to -- i don't know the answer to that question. my point was that if you look at several of the recent opinions , which i have judge lynch: i am saying the procedures would be different which would be different in a district court or congress and terms of having a robust consideration, not just from what the government -- and whatever the judge can bring to bear in his or her own experience that to a real debate. mr. delery: what i think i can say is although

matter of a few days, they moved their way through -- essentially the outcome is they accept the three fisk laws for the house of representatives. you can understand the debate here. people like paterson say, you are substituting for the larger population, since slaves do not have political rights at all they should not be factored into any algorithm for representation. they do not exist politically. slaves are not subjective actors. when our children subjective actors? they do have rights of their own. slaves do not. they are property. this is somewhat euphemistic in many ways, but i think it's a good deal, and not because i like slavery. you have two regions with very good interests. if you put together the idea of a national union, there are vested interest. we wish that the framers were born in light, but the fact is slavery is deeply indebted in american constitutional structure. and without slavery, it is doubtful the document would have been ratified. so, the convention deals with these things pretty easily. there are statements. there are interesting statements. it demonstrates that

that is the deep wood in place without saying anything to fisk at all only with an instruction to the government. i think that is what our challenges and it's probably understood as a challenge under the apa. even if that were not true and if you characterize her challenge i don't think i would change matters. the government itself of the supreme court in opposing an original petition filed their that was challenging the verizon order said the appropriate avenue for belief in the district court case such as the one we are litigating and are in the pilon. the government itself noted that it's true additional court action may not achieve precisely the same relief seide case mainly the fisk order that the plaintiffs would be entitled to receive an active remedy namely an injunction against illegal agency conduct. >> what happens if there are now two district courts which have come to opposite conclusions within a week and a half of each other. and they did it on the constitutional basis. supposing we were to refer and the d.c. circuit to do firstly you have one circuit that says it's unc

he attended fisk university in nashville nashville, tennessee and is a 27-year veteran of the national fire department from which he retired. bill has been a re-enactor of the for the third team united states colored infantry for over 25 years. the u.s. colored troops promotes a greater awareness and understanding of african-american military service and sacrifice during the civil war. their lasting contribution to freedom and continued legacy and relevance to freedom and democracy. he has been a member of the tennessee civil war sesquicentennial commission since 2011. bill has made multiple appearances in television and historical documentaries and was a model for the first statue of an african-american civil war soldier in a national cemetery. please join me in welcoming both of our speakers. [ applause ] >> i'm sorry y'all. i was outside in the cold today. so now my allergies are kicking my tail. good afternoon, everybody. how are you doing? great. what i'm going to do is probably going to be a little bit different than what you would -- what you will expect. when i do interpretatio

you had journalists like lawrence wright going to interview osama bin laden, robert fisk for "the times" of london. isis doesn't take kindly to western journalists and they have created their own journalistic platform. they have a television station, radio station. they use twitter and social media to disseminate the propaganda and the message right from the source. what they're doing is they're saying you cannot rely on the western news cycle because this is all lies. this is all spon sir si. they're depicting the false nature of the caliphate project and what the brothers in mosul are doing and how we're helping all muslims and we're the safeguards and guarantors of sunni islam. it's powerful -- >> so do the media fall into the trap of perpetuating this amplifying this even in the conversations we're having now talking about how they use social media? >> it's a catch-22 because if we don't cover it we're not doing our job. if we do cover it we are playing directly into the hands of isis. they are looking to control the emotional response through their acts and the emotional response i

our position is that the fisk and the district court in this case did correctly conclude under smith versus maryland, the acquisition of business records reflecting the data was not -- >> let me tell you what problem i have with that. it's not just, you know, those were the old days. but does the question is -- and i don't think i'm using the mosaic approach. but doesn't there come a time. and isn't this what the plaintiffs are contending. doesn't there come a time when the old-fashioned, simple pen register that was used in smith versus maryland or -- and that we are recognized it for a long time where the amount of data that you have of that sort is so detailed and so extensive that, in fact, it is a content divulging action rather than not. the whole point of the direction -- the whole point would suggest i write it again this morning. but the point was, you're just -- it's something that you already give out. anyhow, it's given to a third party. so it's -- it's not a big. and it's not as though you are listening in, which would be different. and the question is, i think, or a que

the second way that fisk fiscal can help is giving clarity on fiscal reforms which is key right now. >> rose: fiscal reforms having to do with-- >> mainly the tax system. we have a tax system that's littered with exemptions, that's antigrowth, and that most people agree-- the vast majority of both republicans and democrats agree that it needs to be reformed but no one wants to come together and collaborate with the other side ahead of the elections in 2016. >> rose: i want you to balance politics with economics here. here's a candidate who wants to run, let's say he's running for the republican nomination, which presents certain kinds of political things. what's the ideal policy that you would like to see a political candidate run on? what would you like to see him or her recommend to the country as the best way to find sustainability and growth. >> that person would need to have one objective in mind. and that is the hand-off from artificial growth to genuine growth. so the question is, how do we pivot from a legacy where we mistakenly fell in love with fps as the engine of growth.

it, against the data base is a search under the second circuit but is not considered a search under fisk, what is a speech to text? does that -- is that a search? does that count as a search? >> so i think the question on that is the particular communication that you are looking at, that you want to convert from speech to text. the question is, how did you pick that out of your haystack. so that's the question that i think bob is trying to get at. like what is that, is it that we're saying, look, you have bulk collection of something and we're doing it on everything that's a different question. like if you're processing the entire haystack versus processing selected communications, that's the question about the technology. and then you need to know what were the criteria for that selection. we used to have this debate all the time. as far as finding a need in a haystack, people felt like you weren't looking at the whole haystack, you needed a lower level of scrutiny about the formation of that haystack. but it wasn't like you were going back and saying, okay what's the level of scrutiny

it, against the database is a search under the second circuit but is not considered a search under fiske what is a speech to text? does that -- is that a search? does that count as a search? >> so, i think the question on that is the particular communication that you are looking at, that you want to convert from speech to text, the question is how did you pick that out of your haystack, right? and so that's the -- that's the question that i think bob is trying to get at, what is that? is it that we're doing, right, if it was saying, look, you have bulk collection of something, and we're doing it on everything, that's a different question -- if you're processing the entire haystack, versus processing selected communications, that's the question about the technology. you need to know what were the criteria for that selection. we used to have this debate all the time about, you know, in order to find a needle in a haystack, you need to build a haystack. people felt like you weren't looking at the whole haystack, you need a lower level of scrutiny about the formation of that haystack. but it

knowing what they are doing, which is very difficult to know especially through powerpoint decks and fisk filings. those are not the currencies technologists really use to make decisions and to help others do that. but also for example, and just to pick one out of the top of my head that i'm working on right now, in terms of information sharing and domestic cybersecurity. it's very hard to sort of teach lawyers how network operations and network security works. it's not impossible and we're going to do but it's the kind of thing where there's sets of ways of talking about information that we just haven't really built up over the years that we're going to really need to sort of invest in so to speak and have little like network security for lawyers or network security not for dummies but for people who may not be as familiar with that and may not understand how this stuff works. so you can then say things like geez, you want to share all this information, well, the stuff we use to defend ourselves all the time has -- there's no liability associated, there's no ecpa stuff or whatever relate

that is the deep wood in place without saying anything to fisk at all only with an instruction to the government. i think that is what our challenges and it's probably understood as a challenge under the apa. even if that were not true and if you characterize her challenge i don't think i would change matters. the government itself of the supreme court in opposing an original petition filed their that was challenging the verizon order said the appropriate avenue for belief in the district court case such as the one we are litigating and are in the pilon. the government itself noted that it's true additional court action may not achieve precisely the same relief seide case mainly the fisk order that the plaintiffs would be entitled to receive an active remedy namely an injunction against illegal agency conduct. >> what happens if there are now two district courts which have come to opposite conclusions within a week and a half of each other. and they did it on the constitutional basis. supposing we were to refer and the d.c. circuit to do firstly you have one circuit that says it's unc