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tv   Legal View With Ashleigh Banfield  CNN  October 5, 2015 9:00am-10:01am PDT

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can go to get people back into the protected situation, and also back into the recovery situation. water issues -- we have quite a few water issues that we are seeing either people are without water or contaminated water. we want people to be extremely careful as they are going on with the water issue. we have currently have 40,000 people now without water. and i know that they are working hard to get that back up. and we have 26,000 people without power, and that number seems to be an average, and si not that it is getting back up, and it is just that when one goes down, and you know, we get another one up, and it is going back and forth there, and we have 150 troopers out there to help the crews move accordingly. and is s.l.e.d. has deployed additional officers in clarendon and lexington and lee counties
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as we have been able to do that. and dnr has per rm toed -- has performed over 150 water rescues. they are working very hard. and we have 125 shelters open currently housing 9 # 32 citizens in there right now, and they have plenty of food and water, and all safe and taken care of. i want to really thank not only dss, but they actually man the shelters, and keep them safe, but they also partner with the american red cross and with the alvation army who have been fantastic partners as we have gone through. and the national guard, we have increased the number of guardsmen on duty, and now up to 1,300 guards members across the state. and we have 7,000 on alert as we may need them, and they have done 25 aerial rescues to date, and they will continue to do that, and the good news that we have, and this is that we have zero hospitals that are going to
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the have to evacuate, and we have had a lot of hero, and i will talk to you about the great heroes a little bit later, but one in particular are the heroes that work at the columbia fire department. they worked all night long to get the bulk water over to the hospital so that the hospitals didn't have to go down, and if you want to talk about the work and the greatness of south carolina, it was the columbia fire department who said they would try to make sure that they made sure that happened, and so i want to say a special thank you to them. and no major cell outages. and we are seeing the spore rat raic cell outages, but no major one, and everyone should be be able to communicate with in that way, and the main thing is that everybody is requesting water. especially in the midlands area, they are without water, and in a lot of places, 40,000. we have been trying to set up, and people have been trying to go to the stores to buy it, but we are setting up the water distribution sites. you will see four of them in richland county to i dark and
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one is going to be lower richland high school, and the other is the rich land fashion mall, and the other two will be announced in short is order, and we will add six tomorrow, so for a total of ten around the state. we have plenty of water, and the time frame we are aiming is 5:00, but you will see the press releases if we can get those open sooner, and the press releases if we have to deal with anything else. i want to than walmart who generously gave 80,000 bottles of water to people of south carolina and on standby for what we need. so p many people have stepped up with supplies. our p biggest focus right now is safety. so if you are in your house, continue the stay in your house. continue to remind your kids to not get out and play in this a water. we want you to see that if you are under a bold water advisory, follow it. this is not the time to take pictures. we have enough media out there
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to see the pictures and the views of what is happening in south carolina. what i can tell you is that we are stronger today than yesterday, and that is because the morale continues to be good. our angels in south carolina and our heroes continue to be our first responders. our first responders, our national guardsmen, and those utility crews that are tirelessly working all night long to make sure that your power is on, and the d.o.t. maintenance crews that have not stopped and continued to work 1,000 at a shift switching off. they have done a fantastic job, and all of that with the vol volunteers, and everyone else that seems to be going forward, we a appreciate that, and we continue to appreciate the kindness that everyone is showing to each other. we wanted to move this further. i do want to say that i just, and the reason we were late with the press conference is that i received a phone call from president obama, and he was extremely gracious, and kind. he and mrs. obama express ed
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their concerns and prayers for the people of south carolina. and also, said that they were there to assist. prior to my conversation with president obama, we went ahead and did something that is very unusual, but it allows us to expedite the process. we did a verbal request for a major disaster declaration, and rather than waiting to do the paperwork, and with which we are drafting now, and we went ahead and did the verbal request for personal assistance, and debris removal, and damage to infrastructure, and to try to expedite, we did that verbally, and we are looking at 11 counties right now, and that number will change. those are just the ones that we are doing this, because we have immediate needs now in 11 counties as we are going forward and dealing with the counties, we will see that we are adding to the list. i also think that what we have started doing today is to have
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phone conversations with the counties to educate them on what they need to do to do the county assessments properly, and we have people standing by to show them how to do that and we we have mike moore who can discuss that verbal declaration more if you have any questions in reference to that. and that is the basically overall summary that i have for you, and now i do want to go to have certain partners talk with you as we go forward and so we will go ahead and start with mike moore to talk about the verbal major disaster declaration. >> yes, ma'am. >> and then we will go from there. >> yes, ma'am. than you shgk you, governor. i am mike moore and i'm in charge of the declaration for emergency that was declared last saturday, and the major declaration that the governor has requested covers three basic areas. individual assistance, and that
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ises a sis tabs as provided to households. things like housing, assistance other needs assistance that different households may have. the second major program that she requested is public assistance, and that covers inti inf inf infrastructure damage measure, and those are the things that she mention ed that local municipalities may have expended funds on that could be reimbursed, and that is generallyt a 75% and 25% split. and the 75% being the federal share. >> and the federal and state and local officials weighing in on the disaster in south carolina. the governor taking to the microphone with nine now is the death toll for that flooding that the state has endured for
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the last few days. remarkable announcements in the governor in that 550 different roads and bridges have been closed. 2,700 different calls to the department of public safety for h help, and not only that, but a verbal request now for the declaration of a major di ssastp so that assistance can flow in quicker and unimpede ed d to th people of south carolina. that as the president calls the g governor to say, quote, that the xw governor said that the president is extremely gracious and kind and there to assist the people of the flooded state. the pictures certainly tell the story, and the governor has the facts, and our correspondents are live on the scene. nick la vens ya is live in columbia, south carolina, and chad myers live in the weather sener ter, and to y-- weather
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center, and now to you, nick, because the death toll is now up to nine. >> yes, ashley, this is real and dangerous, and that is what governor nikki haley emphasized there in the pres ks conference and the death toll is now up to nine dead in relation to the flooding. it is just when you think that the intensity will lift up, it does not. the rain has slowed down, but they are not out of the woods yet. the roads are treacherous, and wide swathes of land inundated with heavy rain and flash floods and here at hydroelectric facility in columbia, south carolina, where you can see the river behind me, and it is 15 feet above average for this time of the year, and the national guard troops are on standby for water rescues, and some of the numbers that the governor is putting out, she is saying 25
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airlift airlifts, and 7,000 national guard troops on alert, and 1,300 on duty, and more than 900 citizens currently seeking shelter for the red cross or by the red cross for different parts of the city, and part of the concern of the state and local officials is that people are looking the window, and curious and bored and think that the situation is stopped, and that is what they don't want people to do, because they don't want people to leave their homes, because they believe it is not over. it is an active situation the storm looming. and if you look at the weather models, which we will get more from the meteorologist chad myer, but it appears that the brunt of the damage is in places here like columbia, south carolina and in charleston, south carolina is, where we saw several feet of water, and our jaws dropped when we saw the striking images here all around columbia, south carolina, which seems to have suffered the worst. >> and the picture beside you,
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nick, it is just astounding, and the amount of water and the distance and the immense geography that this flooding cover covers. stand by, nick. wane to bring in chad, and few more numbers that the governor announced which is 40,000 people don't have drinking water, and 26,000 without power like ly to swell, and she said that the number will swell, and the issue here, chad, and it is not just the weather, but the runoff is continuing to swell everywhere. >> yes, and the governor was very clear about the midlands, and we will break down south carolina, the low country boil, and the midlands and upstate. they had a lot of rain upstate and in the midlands that will eventually have to get down to the low country. the flash flood warnings are smaller, and the flood warnings are not going to be smaller, and the rivers will be out of the banks, ashleigh, for weeks and if not longer than that as the
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rain trickles out of the mountains and gets off shore. this is a huge event when we are talking about two feet of rain spread over such a large area. if you get two feet of rain in a city, and it lasts a couple of days, and it can go away, that is different than spreading it over the entire state. and we won't see it much more over an inch today, and this is not having to do with the hurricane joaquin, but it has to do with a low pressure system that dumped tropical-like moisture over the carolinas, friday, saturday and into sunday. here is what it looked like for 36 hours. we will go back the greenville, and upstate. and 3,000 feet, and down here, sea level, and all of the sudden, all of the water that has poured upstate has to get down state. and when you are talking about 20 inches of rain fall getting anywhere, it is not going to go any one time, and it is going to
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pile up in the river basins, and that is where the flooding is going to occur, and we have stein the pictures of the water going all of the way up to the rooftops as they were built in the low areas, and not just the low area, but the lower areas, and the water continues to go that way. >> and chad, as you are standing there and seeing the map, the governor is not kidding, but charleston and closer to the coast, and that is deluged with that gravity and water, and go outdoors to glook around, becaue this is a desperate situation. and chad myers in the weather center, and thank you. charleston is so close to the coast, and so far downstream, and we will speak to the mayor of that city coming up right after this break. today, jason is here to volunteer
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to help those in need. when a twinge of back pain surprises him. morning starts in high spirits but there's a growing pain in his lower back. as lines grow longer, his pain continues to linger. but after a long day of helping others, he gets some helpful advice. just two aleve have the strength to keep back pain away all day. today, jason chose aleve. aleve, all day strong. and try aleve pm, now with an easy open cap.
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this that state, and not surprising when you look at the unblooelievable amounts of raind the number of rescues enduring in the last 24 hour, and then there's this, nine people now losing their the lives to these rising waters. 550 roads and bridges are now closed across that state. and there are thousands who are calling 911 in emergency whether they are on the road or in their homes, and deluged with this water. joining me live now is joe riley, the major of charleston, south carolina, and one of the cities affected by the rising a waters, and mayor, if you could give me a state of affairs in your city? >> well, right now, we are really worried about the upper part of the state. we are tending to our needs here, but we are worried about
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columbia which is 110 miles away, and here we are recovered and the water levels are down, and we have less than 20 streets where there are partial closures, and we had about 18 people evacuated from their homes, safely the night before last, and you know, our garbage crews were picking up garbage today, and the city hall is opened, and most of the businesses are opened, and so we are quickly moving back close to normal, and it was not harmed in any substantial way, just water on the street, a sond so we got through it very well, but as i said, our great concern is the neighbors to the north of us, and we have offered our assistance to them. greatly concerned about the situation up there. >> so mayor riley, our meteorologist chad myers is look
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at the precipitation upstate, and you are in the path of what is to be extraordinarily swollen rivers than before, and are you prepared for what is going to happen or somehow out of harm's way for when that water does reside back down state and out to the ocean? >> yes, we, the upstate rivers do not run through charleston harbor or down here. the attistal river to the west, and the river to the west, and so we are not in that drainage basin. the cooper river was the result of a rivers collected going to lake moultrie and lake marian
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and what we had here is the largest amount of rainfall in our city, and si a major rain event, and unpredented for a day period, month period or any period, and so we have a had the hands full to make sure that the citizens were not injured and protecting our citizens and property. and we did prayerfully happy no lives were lost here. so we are with all we can deal with. you cannot replace a life, and that is why our great concern is what is going on in the middle part of the state right now. >> and without question, that is the concern of the governor as she headlined the news conference moments ago, mr. mayor, with the news that there are now nine dead. >> yes, it is heartbreaking sfrchlt and 40,000 who don't have water and 26,000 without power. thank you, mayor joe riley,
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thank you for joining us. if you want to help those who are affected by the 1,000-year flood, go to and the images are heartstopping. coming up, more breaking news, amtrak rain with 98 people on board, and the rocks are on the rails, and the rails don't support the cars, and we will update you on the derailment, and what is happening in vermont. of a breach can quickly become the only thing you think about. that's where at&t can help. at at&t we monitor our network traffic so we can see things others can't. mitigating risks across your business. leaving you free to focus on what matters most.
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you totalled your brand new car. nobody's hurt,but there will still be pain. it comes when your insurance company says they'll only pay three-quarters of what it takes to replace it. what are you supposed to do, drive three-quarters of a car? now if you had liberty mutual new car replacement, you'd get your whole car back. i guess they don't want you driving around on three wheels. smart. new car replacement is just one of the features that come standard with a base liberty mutual policy. and for drivers with accident forgiveness,rates won't go up due to your first accident. learn more by calling
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switch to liberty mutual and you can save up to $509. for a free quote today,call liberty mutual insurance at see car insurance in a whole new light. liberty mutual insurance. we have breaking news coming to us out of vermont where an amtrak passenger trail has derailed and a rock slide is part of the culprit here. awant to go to cnn correspondent
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r rene marsh, and you have been working the amtrak source, and what are they saying happened? >> well, the the official word from amtrak is that train number 55 from st. albens, vermont, to washington, d.c., with 98 people on board traveling along the set of tracks here in this area, about ten miles south of the state capital when according to amtrak, it derailed after striking a rock slide on the track. that is the preliminary report, and you are look images getting in, and it is unclear how many of the cars jumped the tracks, but you can see one there in the brush. we do know that at least four people have been taken to the hospital for injuries, and we don't know exactly what kind of injuries they suffered, but amtrak telling us that as far as the initial reports, they are not hearing of any life threatening injuries which is good news, and it is again, still early, and we know that their investigators and the
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amtrak police are on the way, and the ntsb is collecting information and the national railroad investigators are dispatched to the scene, and that is when a full blown investigation will get under way. we expect those investigators to get there at 1:30 this afternoon, to piece together what caused the situation here where you have a passenger train with almost 100 people on board j jump the tracks. ashleigh? >> we have heard about four people hurt there. >> and we will follow up on what others ha -- others who were on that college community campus when the gunman was there and
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what they heard and what they will have to live with.
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cnn is learning a loter more now at oregon's umpqua community college campus, and it is coming straight from the survivors of the massacre in that classroom and their family members. the campus is back open today for the first time, but the classes are canceled through friday of this week. all of this as we are learning from the mother of one survivor that the shooter spared her son so that he could deliver an envelope to the police, but he forced the young man to watch the horrors unfold. this is what his mom told dan simon in an exclusive interview. >> the shooter asked him to give
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the police a something, and that if he did, he wouldley. -- that he would live. matthew said that he didn't understand what the shooter meant, and so he thought that he was standing up to die. and when he was given something to give to the police, he was sent to the back of the room to sit in the back of the room to watch. and matthew said that he did not make a single move and he was afraid to look away, because he was afraid that if he did anything to make the shooter notice him that he would be shot. >> there was another woman in the room as well who witnessed that moment when the killer handed the envelope over to matthew, and witnessed everything that happened after that moment. her name is tracy hugh, and she is the mother of three who said that she thought that she would
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never see her children again, and she has shared her story with sara sidner, and i do want to warn you that the details are extremely graphic. >> i really don't know how i survived. i just -- i don't know. i was actually planning to wait to see the black light, and waiting to not see anything else. >> reporter: tracy hugh lived because she was playing dead. >> i was sit ing ting in the frf the classroom and facing the teacher when everything happened. he came in and just shot towards the back of the wall and told everybody to get to the center of the room. >> reporter: it was one of her fellow students who showed up on the fourth day of classes with guns and not books. he set his sights on classroom 15 in snyder wall at umpqua community college. >> he didn't seem stressed or nervous. but when he came in, he told
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everybody to get on the ground, and everybody huddled to the ground, and then the girl in the wheelchair tryied to get off an get down on the ground -- >> wait a woman in a wheelchair in this as well? >> yes, and she had a dog with her, but the dog was on the grou ground, and he told her get back on the ground and she did. she got out of the chair. and then he told her to get back in the chairb and she did. and then -- >> reporter: she didn't know it, but she was already dead. >> and probably i won't see my kid kids anymore and i probably won't see anybody anymore is what i thought.
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>> reporter: face down with the bullet in the hand, she thought about her three children and waited to die. >> the warmth of the blood all over me, that is when i knew it was real. i remember whispering to the person next to me that he is one person and we have to do something or we are going to die. >> reporter: and then she heard him spare one person. >> and he said,ly let you live, and you go give the police this. >> reporter: he handed him an en tre lop envelope to give to the police. >> and then he started to ask
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them about their religion, and if they said they were christian, he shot them. and asked them if they were catholic, and i don't know whether where he shot them or where, but he killed them either way. >> she is incredible to have the fortitude to tell this story, and is she actually going to return to classes? >> we asked her that very question. we said after all of this, will you be able to go back to school, and that something that you will want to do, and she said not only will i have with be able, but i have to go back to school and i have to do this for my family. and she is studying to become a nurse, and so this is one of the snacenarios where a young lady s decided that shedeterred, and si
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have to do in for my family, period. >> and the details of the woman in the wheelchair murdered despite that everybody complied with the demands, but it seems that sarah, that people thought that he was singling out christian, but your interview indicated that the it didn't matter what rel jup they -- religion they were and he didn't seem to care. >> it is interesting, because i asked her that what she took from what he was saying, and she said, i don't think that he was necessarily singling out anyone, because she was just shooting everyone in the beginning without asking any question, and then he began to ask if they were christian and not just christian, but particularly if they were catholic. he never explained what that meant, but no matter what anyone said or did, they ended up being shot regardless. >> just unbelievable. and sara, the counseling services that the college is
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providing, i hope that everyone availing themselves today when they are offering them. and sara sidner, excellent work out there, thank you. to add to the suffering of the victims, if you can believe it, there are conspiracy theories roll iing around that e victims are lying, and that this shooting is a hoax, and it is no the first time that we have heard this kind of garbage. but speaking of conspiracy theories, the sheriff is now having to answer to controversy that in the past he posted a video about a conspiracy theory involving the massacre at sandy hook.
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the douglas county sheriff is being forced now to answer some questions about a sandy hook conspiracy video that was
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on his facebook page, and there is a link to the video that goes so far to say that some of the parents of the dead children were not parents, but actors. on sheriff hanlin's facebook page on january 13th, 2013, the caption above the video says, this makes me wonder who we can trust anymore, and watch and listen and keep an open mind. don't go there to see it now, because that post was take then down, but it does not mean that we don't question people about what they did have, and that is what we did. when the sheriff was questioned about sara sidner about it, watch what happened. >> do you believe that there was a conspiracy theory video, or did you post it? >> no, no. >> you didn't post it? >> no, i know what you are talking about, but that is not a
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conspiracy theory that i have. >> normally, we we would get your reaction to something like this, but today, i wanted you on the program, because you have been responding, and serious about what kind of action you want taken from the sheriff. >> this is the guy that needs to resign, and he is charged with two vitally important jobs, this tragedy that occurred at umpqua community college, and secondly, to enforce the laws that he has taken an oath to enforce. and he has made it clear that he is not going to be enforcing the laws, and he can't have an unbiased opinion about what happen ed happened in this terrible tragedy in umpqua community college. he needs to be be gone, and we need somebody to investigate the tragedy in a way that is unbiased. >> embedded in the sandy hook video was also that 911 was a
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conspiracy, and the federal government created these hoaxes to confuse the american public. and the problem is not that the sheriff posted the video, but it is quote, that it is not a conspiracy belief that i havek but i am seeing it again, how he headlined it. it makes me wonder who we can trust at this time. and now, the brady laws that were instituted over to the sum me, he has refused to ak actually enforce those. >> he wrote a letter to vice president biden saying that he vowed not to enforce any laws that he deems unconstitutional, and he deems background checks despite that they are not, and
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the fact that they are only going to keep the guns out of the hands of the people that we agree should not have them, convicted felons, and the domestic abusers and the mentally ill, and he wants to parrot their talking point, and say that they are unconstitutional, and he will not enforce them. >> i just got something from our correspondent evan perez, and in relation to vice president joe biden, he was going to ar are rest anyone who came to violate the federal law, and it is not a federal law, but it was voted on by the people of his own state. and the fact is that right now the fbi and the atf are there to help him in the tragedy. >> and this is the people who are too long putting it as the polarized political issue, which it is not, and too long
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controlled the agenda, and undermined the safety of the people they are charged to protect in the case of the law enforcement, and government officials, and the american people need to come together and say, enough. we have 90% of us support the brady background checks. and this is anywhere except for in congress. >> and at the same time, sheriff s are elected, and if they voted in the change s s to the law, shouldn't they be the ones to the vote him out? >> under normal circumstances, yes. that is something that we would have strongly advocated just based on the fact that he said that he would not enforce the laws based on background check, and now we have a terrible tragedy coming to roost in his county, and now he is charged with leading unbiased investigation into what was done and how to prevent future
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tragedies. it is enough that he is a 9/11 and sandy hook theory conspirator, and that it is enough to call for his resignation. >> and thank you very much with the strident statement right here that he needs to resign. thank you, dan gross. >> and life and death matters on the docket of the supreme court as they get to work today. it ranges from abortion to capital punishment, and everything in between, and these are the nine that make your life tick when it comes to the law, and boy, what a docket they need to dethe side. that is coming up next. from the people who brought you underwhelming internet speeds.
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and the people who brought you temperamental satellite television. introducing... underwhelming internet speeds and temperamental television... in one. welcome to the moment no one's been waiting for. the fastest internet and the best tv experience is already here with x1. only from xfinity. certainly wouldn't be the show "legal view" if we didn't take note of first monday in october. it is high drama for the high court. and remember that one in june?
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hard to top, and even the cameras couldn't get it quick enough, and this is the same sex ruling and the second victory also for obama care. but this year's docket has hot button issues aplenty. affirmative action is back, and capital punishment, and voting rights, and the first abortion case in the united states in eight years. and who best to walk us through this than the best selling author jeffrey toobin who wrote the "the nine." this is the death penalty case, and we have talked about it many time, and what is exactly coming to the desks? the constitutionality or the drug cocktail or what? >> it is going to be a little by of everything. they determined last year that drug cocktail is lawful, but out in the states, the states can't
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get their acts together, and they can't find the cocktail, and they can't get the correct drugs. one of the stories that we have talked about many times is that the death penalty is shrinking, and this year, 22 executions, and last year 35, and both of which would be record lows, and the supreme court hardly a liberal institution has gradually been shrinking the instances of when the death penalty is appropriate. >> is it stephen breyer who said that this needs to be revisited. >> stephen breyer and ruth bader ginsbeurg said that we have had it there. is no way that the death penalty can be constitutionally administered. they are 2 of 9, and the other
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seven ohave no ruling. and texas has not had a single death sentence execution yet, and this is october, and that is how the country is moving away from the death penalty. ? i want to look at fisher versus texas, and i thought, when i read that case out of texas, a that it is a story out of a couple of years ago, because we did it, and it went to the supreme court or at least punted, and it is back. explain it, and give us the genesis of it. >> well, the gist is that the supreme court has said since the 1970s that race can be be one factor that the university considers in admissions, but it can't be the only factor, and there can't be quotas, and that is something that is a target for the conservatives on the supreme court, and especially chief justice roberts who feels it is discrimination against
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white people, and inappropriate use of the -- >> and clarence thomas as well. >> yes. they have never gotten fife votes to outlaw affirmative action altogether. si unusual for them to take the same case twice, p pu that what they are doing with ms. fisher's case, because she says that she was denied the admission to the university of texas, because she is white. the conservatives feel that they can get justice kennedy, but they have not had the five votes yet. >> and ms. fisher is in the 20s and 30s. and what do you think is going to happen. >> i can be wrong, and the supreme court had liberals with such a great year last year with marriage equality and obama care, and the conservatives are going to do better, and abortion restricks -- restrictions are
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going to be approved. and coming up tonight, it is a teenager look at how teens use social media and ta psychological toll that it has on the kid, and it involved more than 200 13-year-old kids. here is a clip. >> i checked it 100 times at school before, and whip it out in the middle of class and say, hmm, i wonder what everybody else is up to. >> and why check over 100 tims s a day even in school? they are wor reed about fitting in. 21% say that i want -- >> i want to make sure that nobody is saying mean things about me. >> and 36% say -- >> i e want to see if my friends are doing things without me. >> and 61% say --
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>> i want to know if the posts are getting likes or comments. >> and you won't believe the number of times they take iselle fis before they post them. "being 13" inside of the secret world of teens on a special edition of "ac360." wolf starts right now. hello, i'm wolf blitzer, and it is 1:00 p.m. right here in washington, and 8:00 p.m. in jerusal jerusalem, and wherever you are watching around the world, thank you for joining us. we begin with a tragedy on a commercial airline. a american airline that was scheduled to flight in boston made a harrowing stop in syracuse, because one of the pilots died. the plane took the off from phoenix, and diverted safely just after 7:00 a.m., and rene marsh is here, and what are you


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