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i know there's -- jim stewart, excellent piece on friday. >> on the antitrust. >> even whispers, blockssome say time warner -- >> i don't know if i agree with him on that one. >> i love jim. i disagree. >> sprint and t-mo we knew for a long period of time from the beginning of the talk that that was the key impediment. in fact, if you recall, when i first reported on the talks way back before soft bank came in, they wanted deutsche telekom to join them. >> right are. >> and they backed away, worried about antitrust at that time. that's been therea long time. >> sprint seems dead in the water. brought a new ceo -- >> melting ice cube. >> john -- i've got to say, he's a hitter. he's a hitter. all right, guys, we've got kinder morgan, this is the big story of the day, consolidating subsidiaries under one roof $44 billion cash and stock deal. this would make the second largest energy deal in history after exxon's purchase of mobile. the third largest oil company after exxon and chevron. shares of kinder morgan of all sorts, el paso, rallying. rich kinder the ceo and chairman of kinder morga

. >> dubois: jim axelrod, thank you. nascar's tony stewart said today he will return to competition in atlanta this sunday. stewart has missed three races since he struck and killed driver kevin ward jr. on a dirt track in upstate new york. the accident three weeks ago was recorded by a fan. it followed an on-track altercation between the two drivers. it has been another day of monster waves and dangerous rip currents on both parts of both coasts in this country. two powerful storms are responsible. hurricane cristobal in the atlantic and tropical storm marie in the pacific. in southern california, the surf hasn't been this big in nearly 20 years, drawing big wave surfers and huge crowds. teri okita is at newport beach. >> reporter: the 15-foot waves did not scare off swimmers and surfers despite the danger. there have been more than 500 rescues since tuesday across southern california. >> everything's enhanced during this swell. >> reporter: life guard carson hill hospital save 14 people. how difficult is it to rescue people in these conditi

the head of stewart's racing team says he is grieving and isn't yet ready to get back in the car. >>> here is great news to start the morning with. jimly is cancer free. kelly underwent several rounds of chemotherapy for sinus cancer. doctors found in evidence of remaining cancer. guys, the kelly family has been public about his fight with cancer. he's been an inspiration to a lot of people. this is great, great news we are hearing that he is, in fact, cancer free. finally good news. thank you for bringing us that. >>> we are following breaking news out of ferguson, missouri. overnight, protests remain peaceful as the investigation into the deadly police shooting of michael brown is continuing to ramp up. the attorney general is or was in town as the grand jury convened. what we are learning about the grand jury and the investigation moving forward. [announcer] play close-good and close. help keep teeth clean and breath fresh with beneful healthy smile snacks. with soft meaty centers and teeth cleaning texture,it's dental that tastes so good. beneful healthy smile food and snacks. ♪ ♪ [ male announcer ] during the cadillac summer's b

jim. >> humanitarian catastrophe for sure underway. thanks very much for barbara starr and anna coren on the ground in irbil. >>> back in the u.s., a bizarre and tragic incident on the racetrack. tony stewart is under investigation now for hitting and killing another driver. stewart's spokesman is calling it a tragic accident. we have the video that we have frozen just before the impact but a warning, it may be too graphic for some to watch. you may want to look away. the incident happened last night at a sprint car race in upstate new york. the three-time nascar champ clipped kevin ward jr.'s car knocking it out of the race. ward then jumped out of his car to confront stewart and that's when he was hit. the 20-year-old driver was rushed to a local hospital where unfortunately he was pronounced dead. >> this is right now being investigated as an on track crash and i don't want to infer that there are criminal charges pending. i would only say that the investigation when it's completed, we will sit down with the district attorney and review it, but i want to make it very clear, there are no criminal charges pending at this time. this is an ongoing investigation. >> tragic moment for sure. c

jim miklaszewski and eugene robinson, thank you very much. >> thanks, guys. >>> coming up as an investigation gets under way, nascar star tony stewart makes ang and killing a competitor over the weekend. >>> please close to tracy morgan say the actor is struggling nearly two montshs after his ca accident. we will have an update on his condition next. ♪ pressure pressing down on me pressing down on you ♪ in new york state, we're changing the way we do business, with startup ny. we've created tax free zones throughout the state. and startup ny companies will be investing hundreds of millions of dollars in jobs and infrastructure. thanks to startup ny, businesses can operate tax free for 10 years. no property tax. no business tax. and no sales tax. which means more growth for your business, and more jobs. it's not just business as usual. see how new york can help your business grow, at startup.ny.gov [ female announcer ] aveeno® daily moisturizing lotion has active naturals® oat with five vital nutrients. [ aniston ] because beautiful skin goes with everything. aveeno®. naturally beautiful results™. ♪ >>> 39 past the hour. we want to take a lo

stewart racing team says he's grieving and isn't yet ready to get back in the car. >>> finally, here's some great news to start your morning w.hall of fame quarterback jim kelly is cancer-freeds of chemotherapy and radiation in the spring for sinus cancer, and following a screening on tuesday doctors found no evidence of remaining cancer. and kate, you know, the kelly family, have been very public about jim's battle with cancer, an inspiration to a lot of people and just great to see positive news for him this week. >> absolutely. understatement to say the least. happy news for them and good news. i love that mo'ne davis, who doesn't. everybody here, the entire crew, andy scholes, what did you say, bruce, she is awesome and that's about all you can say. thanks, andy. >> all right. >> see you later. >>> coming up next on "new day," attorney general eric holder speaks to community leaders in ferguson saying he understands racial tensions because he's lived them. what impact did his visit have on the community on the unrest that's going on there? we'll head back to chris who is live in ferguson, missouri. it can bring out the worst in people. but the m-class scans for danger,