it is so bad, one school district, highland park is being sued by the aclu. poppy harlow explains. >> reporter: woodward avenue, home of the model t and once the pride of highland park, michigan. now home to one of the worst performing school districts in the state. >> everybody's pointing their fingers at everybody else and nobody wants to take responsibility. >> reporter: the aclu of michigan is suing, claiming the district hasn't delivered on what state law requires. special assistance for students not reading up to grade level. >> we felt that at this point given the dire conditions that a lawsuit was going to be the only route that would get everybody who needs to be at the table at the table, working together. >> reporter: we went to see for ourselves. >> what i'm doing is the basics, nobody will be behind. >> reporter: just 25% of 7th graders in this district met state standards for reading last year. and only 7% for math. and it gets worse. in 11th grade, only 10% scored proficiently in reading and less than 5% in math. what do these kids deserve? >>

of surveillance "essential" for federal law enffrcement officers..hyrons: :08-:16 chris soghoian / aclu:08-:16 chris chyrons:officers. enffrcement federal law "essential" for surveillance this type of report...calling in the a-c-l-u's all iistances cited n the a-c-l-u's report...calling in the a-c-l-u's repoot...callinn this type of "esseetial" for pedeeal law enforcement &pofficcrs.chyrons:::8-:16 chris soghoian / aclu stegall / fox news -------------------------------- -------------------------------- freedom of information request, hands the ameeican civil liberties union long sought-after surveillance of see a sharp uptick in the use of these surveillence powers, and frankly, ittmakes me scared." the a-c-l-u inding from 2009 to 20-11, orders for -- 60-percent.during thaa same period... orders for surveillance on eeails and network data...increased 361- percent.the a-c-l-u says the áeye-poppingg increase in áwithoutá warrants... and without enough oversiggt orr accountability.soghoian says: "this iss't about terrorism. these are regular law enforcement investigations, and this - t

the aclu has done it without a judge considering the merits of each case. the justice department fired back saying in every instance cited a federal judge authorized this activity as new technologies are being use, and the use of orders signed by judge is essential for law enforcement to do their jobs, to carry out their duty. the aclu says the justice department failed to provide surveillance information required by law between 2000 and 2008 but since then has "cleaned up its act." >>shepard: american airlines reports a row of loose seats that forced a flight to land after take off on saturday. according to american airlines, the boston to miami flight was carrying 175 fell and it diverted to new york's john f. kennedy after three seats just came loose. the plane landed safely. no reports of anyone hurt. a spokesman says the airline is investigating. american airlines declared bankruptcy last year and is currently in a battle with the pilot union, not to say the matters are connected. >> there is new word on how many die will die of smoking without actuall

the aclu said the mta has gone to far. >> it shouldn't be a condition of riding a public bus that you give up your right to have a private conversation. >> reporter: they say the passenger safety is the top priority. last month's assault on a woman by two thugs on the north avenue line illustrates the need for sound. >> she is alleging that the case may have somehow been a hate crime. we have video of the incident but we don't have audio. that would help make the case as we try to find the two involved in the attack. >> reporter: acting on a rule that the practice is lawful training sundayway for drivers and the first ten buses this ek hit the road with more than 300 others or about half of the fleet to follow in the months to come. aclu said they could have limited the use of audio recordings. >> the technology exists to have the cameras be -- the audio be turned on only when there is a public safety incident that would warrant it. >> reporter: whether it's assault on a bus, crash with another vehicle or just a rude traffic. baltimore, abc 2news. >> the recordings will be kept for 30

the aclu claims morgan stanley is culpable because it lent billions of dollars to century. they packaged subprime mortgages to investors and pressured new century to make loans to people who couldn't afford them. >>> microsoft is hoping everyone has long forgotten about the zume. they are launching a new music service on tuesday. it will also offer premium subscription service that is ad-free. you'll also be able to download more than 30 million songs to own from the xbox store that is actually more than itunes. the service will initially be available only on the xbox will will expand to smart phones when microsoft launches windows 8. >> thank you, courtney. >>> don't let the fog surprise you before you head out the door this morning. >> yeah, it's pretty thick. we usually don't drop off to quarter of a mile in multiple cities. let's start off with this live picture of the golden gate bridge. from time to time you can see the thick pockets of fog swirling around and that's the general nature of fog. it does not stay stationary, it moves around. so you might walk out your fr

according to the aclu, orders for telephone wiretaps went up 60% from 2009 to 2011. offices for surveillance and e- mails and other electronic data shot up 361%. the aclu says it's all done without warrants or sufficient oversight. >> this isn't about terrorism. these are regular law enforcement investigations and this is investigating people's communications. these are who they talk to, who they e-mail, who they engage in online conversations with, their friends, family, colleagues and loved ones. >> the content was not monitored, only who was involved. the department of justice says a federal judge authorized a rewiretap or surveillance on the aclu's report and says the operations are essential in order to let federal law enforcement officials do their job. >>> tonight on the news edge a mystery that's lasted for decades. police search under a driveway for labor leader jimmy hoffa. the lab results are in. >> a tarot card, if it looks familiar, it may be because it's from the infamous washington sniper case. all this evidence will be on display down the road. i'm be

which is the aclu is at guantanamo bay to attend pre- trial hearings before u.s. military commission in the case of khalid sheikh mohammed and ms. four co-defendants. but there charged with conspiring in the attacks of the september 11, 2001, and may face the death penalty if convicted. the aclu hopes to block a so- called protective order that will prevent the revelation of classified details gathered during the defendants' cia interrogations. aclu attorney told the associated press -- glenn greenwald, can you talk about some of the concerns around this pretrial hearing? >> first of all, let me just say this story perfectly illustrates everything we were just talking about because for years ago, issues like military commissions and the way in which the government cheated in these cases by denying due process and planning to insure guilt through these tribunals were widely debated. they're constantly talked about because the democrats pretended that a different view than the republicans. therefore, there were included in the debate. four years later, you had the d

aclu says it is done without a judge considering merits of the case. but the department of justice fired back saying in a statement, in every instance cited here the federal judge authorized law enforcement activity as criminals increasingly use new and sophisticated technologies use of orders used by a judge and strictly authorized by congress is essential for law enforcement to carry out its duty and to protect the public and investigate violations of federal laws. justice department they say failed to provide information required by law since 2008 but since then cleaned up its act. jenna? jenna: interesting story we'll continue to watch, steve. thank you. >> thank you. gregg: disappearance of two young children baffling investigators after their house burned to the ground leaving no trace of the brother and sister. the boy's father is now speaking out. >>> and, president obama underfire for his administration's changing explanations about what happened in libya. the killing of four americans including the u.s. ambassador. a case of bad communication

. >> the aclu opposes the new system, saying it violates passenger privacy rights. the audio recordings do not violate the state wiretapping laws. all commuters can celebrate some good news when it comes to gas prices. we have officially entered the seasonal slide when gas prices start to decline. the national average has already fallen for 10 straight days. analysts predict prices will drop five to 15 cents each week for the next three weeks. >> now, your e 11 insta-weather plus forecast with john collins. >> a rough night last night with some pretty good thunderstorms. what we are seeing here is the satellite and radar, three hours worth in this loop. rain is slowly pulling out of the area. a small area of shower activity on the eastern shore. it is shrinking. we're seeing more breaks in the clouds. these brighter spots are shifting to the east as well. there is drier air behind it. the sun is beginning to warm things up a little bit. let's look at the rain from last night. 0.6 of an inch of rain has been measured. at the airport, less than 0.1 of an inch. the rad

so we decided this is a civil rights case and we should go to the aclu. there we found the system legal director of the aclu with a woman named eleanor holmes norton. now the representative from the district of columbia. eleanor is as fiery and as passionate now as she was thin but she was seven months pregnant. jihad and after out of here, and went to visit her in her office, or of us i remember, and she was going have the system worked at "newsweek" and she grabbed the magazine out of her hand and she opened it to a math test and she said, well, the fact of their men from the top category to the next of the last category, and the fact that there are only women in this last category means there's a pattern of discrimination. so i'm going to take this case. she was great. so all this is happening, the beginning of 1970 when "newsweek" decided that the women's movement was becoming very newsworthy and they would do a cover story on women's lib, it was then called. there was one problem. they didn't have a woman to write it. they knew they could have a man

and whether this is the solution for the kids or not, the aclu says it's absolutely not. we'll try to go back in a year. they told me in the interview that these kids' test scores are going to go up. so we'll go back and see are they going to go up? 37% graduation rate. >> either has dropped out or moved on as ninth graders. >> i'm glad they're suing. >> that's not the right answer. lawsuit. >> that was my question. why sue? >> you have no other options. >> live pictures from bellfonte, pennsylvania where jerry sandusky is expected to walk into the courtroom in any moment. we learned now why he released a three-minute audiotape defending himself. that's straight ahead. >>> a skydive attempt from the edge of space. it's on hold right now. they've got to make some decisions about the weather wooemplt watching that, too, in roswell, new hampshire. we've got that straight ahead as well. are made with real ingredients you can see. like whole roasted nuts, chewy granola, and real fruit. nature valley trail mix bars. 100% natural. 100% delicious. 100% natural. why they have a ra

we could have the aclu comply. >> i would rather from foreigners than the aclu. >> they have to comply with state laws. if they find something out of the ordinary what are they going to do write a report? >> part of it texas is going to be the complete part of the nation. it could not be funnier. there should be an hbo special about it. if you want to zoom out to more substantive issues here we will have several states where the margin will be quite close in the end and where there will be charges and counter charges of voter fraud voter suppression. i am not convinced that voter fraud is a big problem in this country but a lot of people are. in a close election in some of these swing states we could see a lot of litigation, accusations that drag on well after election day>> i agree with you. i want it monitored i don't care who monitors it. i want it done well. i don't care who does it. it's the idea of having borders come in because we can't do our elections. we are letting them judge our elections. >> i did read i don't know if it was accurate. i don't know if i was able to check wi

the aclu will seek class action status. >>> three weeks until election day, and just three points separate the candidates. that's according to the latest washington post/abc news poll. president obama leads mitt romney 49% to 46% to likely voters. the race may not change much before voters head to the polls. more than 32% say they don't need more information before making a decision. >>> both candidates will spend today and tomorrow preparing for tomorrow night's second presidential debate. the town hall style debate will focus on domestic and foreign policy. president obama prepping at a resort in williamsburg, virginia. mitt romney prepping in boston. both agree the president has to improve on his performance in the first debate. >> he's got to be more energetic. i think you'll see somebody who's very passionate about the choice that our country faces. >> the president can change his style, he can change his tactics. he can't change his record, and he can't change his policies. that's what this election is about. >> some obama aides say the president wasn't as prepared as he wanted for t

aclu, take your dedicated to civil liberties and the constitution. a group dedicated to the first 10 amendments of the constitution. this is really important. 24 liberty torches' with the convicts corporate mitt romney and rick santorum had zero the report is out of 24. newt gingrich had four liberty toure just out of 24. barack obama had 16 liberty torch's out of 24. my hero, ron paul, 18 liberty torch's out of 24. and gary johnson had 21 out of 24. [applause] >> okay. [laughter] anybody with a rebuttal? i guess you all agree on that. we go to question no. six. we will, by the way, have a discussion on this and two- minute closing comments. we will start with a rocky. it was selected by my editorial team. but in the post to facebook, he asks we start with a rocky. if you had the opportunity to write one constitutional amendment with an absolute guarantee it would be approved by congress and then following that, what would you a man? >> i have already written it -- please take a look at our website -- it is the new equal rights amendment promising th

. >>> the aclu is suing morgan stanley claiming it targeted african-americans for expensive and risky mortgage loans. >>> nordstrom has stepped up its support of gay and lesbian employees by endorsing same-sex marriage. >>> nature's recipe dog biscuits made of chicken are being recalled because of possible salmonella poisoning. >>> the area's population grows by 1/3 every winter. >>> the national shoe retailer's association says the average woman's shoe has shot up more than one whole size over the past 30 years. >>> and we told you before about pizza hut's offer of a lifetime of free pie or $15,000 to anyone willing to ask the candidates if they prefer sausage or pepperoni at tonight's town hall style debate. well, the company decided the idea was half baked and they have moved the promotion on line. good call. >>> coming up, a colossal comeback, and your chance to own a piece of college basketball history. >>> plus, it's a hit for a hit in san francisco. your early morning sports headlines are straight ahead. >>> it's a dry forecast across the country, but it's going to be very wind

so this is an issue that naacp and aclu have been trying to use. >> last month, vladimir putin endorsed president obama's reelection campaign. i'm sure the campaign was thrilled by it. he got another interesting endorsement from hugo chavez. he said if i were american i would vote for obama. and if he was in venezuela election, he would vote for chavez. >> this is north dakota for reminding us you can have fabulous economic success if government gets out of the way. they had a mindboggling piece, the heart of north dakota oil fracking boom has doubled the average income over the last five years making it the top hundred richest counties in the countries. they quoted an excerpt saying that right now, north dakota is using 2,000 new millionaires a year. >> paul: this is the hit to the country not to the state of georgia but they held elections. for the first time is going to see a new opposition g

the aclu is concerned about privacy issues and suggested they should only be used when there's a warrant. >>> coming up next at 6:00 with less than two weeks until the election the official polls are both mixed, but there's one very unofficial poll that you might be forgetting about. also coming up -- >> everybody's mouth drops when they come in here. >> from a dream to a small empire in our bay area proud exclusive one woman found a way to turn an unlikely interest into a bay area first. >>> just ten days to election day and both sides are trying to campaign around the hurricane on the east coast. nbc bay area brian mooar shows us. >> ten days new hampshire. >> reporter: in this tight presidential race even tiny new hampshire is a big prize. and as president obama stumped there republican challenger mitt romney was trying to nail down support in florida. >> we are going to win this, you know that. >> reporter: is going into the last full week of the presidential campaign both candidates are reaching out to undecided voters. >> i'm asking you to compare my plan with governor romney's. i

the aclu reports that from 2009 to 2011 orders for warrantless telephone surveillance went up 60%. emails and network data increased by 361%. this kind of surveillance doesn't involve monitoring the content of conversations they tell us. that is the government is keeping tabs on to whom people are talking but not what they are saying still an aclu representative says a rise in surveillance is some cause for concern. >> the people have a right to know how these extremely invasive surveillance powers are being used and if there is nothing to hide, if they're not being abused where is the harm in letting us know. >> shepard: federal judge authorized every instance of surveillance and a smokesmanned as as criminals use more and new sophisticated technology the use of orders issued by a judge and explicitly authorized by congress to obtain non-content information is simply for federal law enforcement officials to carry out their duties to protect the public and investigate violations of federal law. we knew about the death of a u.s. border agent. now there is a new report that indicates

. >> the aclu opposes the installation, saying it violates privacy rights, but the state attorney general's office disagrees and says the recordings do not violate the safe wiretapping laws because riders are informed they are being recorded. >> is your star-spangled sailabration was the huge excess -- a huge success. it brought an estimated $1.66 million to the local economy. >> october is breast cancer awareness month, as you probably know. one group is hoping to use that moment to spotlight prevention efforts in young, african- american women. there was a night of arts, food, and awareness in baltimore. the group called the event bank, which stands for providing information necessary to know. african-american women have a higher death rate from breast cancer than white women. it is important to have events like this to make were women aware of the disease. >> now, your insta-weather forecast with chief meteorologist tom tasselmyer. >> severe thunderstorm warnings have been cancelled for our area but there are still some storms just west of baltimore. on up in the southern pennsylvania, t

. >>> and the aclu is expected to file suit today against morgan stanley. accusing them of fueling risky mortgages to african-americans who could not afford them. >>> mild and dry in the nation's midsection. severe storms are a possibility from south jersey to northern florida. >>> finally this morning this is the trim of year that millions of american teenagers and their parents are all abuzz over high school homecoming. >> for one maryland family this year's homecoming has taken on a special meaning. reena ninan explains. >> reporter: giddy. glowing. and grateful to be alive. ♪ get funky >> reporter: 16-year-old alexis hanford was all smiles on saturday. >> you look nice. >> thank you. >> she still seems like she's okay. and happy to be alive and happy to be able to participate in these things. and you know, as a parent, that's awesome. >> three, two, one, go, haley! >> reporter: barely two months ago after playing in this lake with her sister, haley, the former soccer player wz hospitalized with rare strain of flesh-eating bacteria. >> i went off of a

the aclu wants them only deployed when there's a warrant. the group is worried drones would violate people's privacy. >>> the suspect in an arson fire at a law office may have had an issue of the owner of the office. invest daters say they linked mod love to the september fire at the law office of davis. along with a june fire at a mortuary and church fire in july. a search warrant of court records shows the suspect and mayor davis may have illegal connection. a plaintiff by the name of mod love is listed as having filed a case against davis in small claims court in 2005. two years before davis became mayor. details on the case or who won it were not available, but police say the investigation is not yet finished and that love is in jail at this point. >>> and coming up next, we'll talk with the high school coach of giants shortstop brandon crawford. >>> plus, a different kind of presidential election poll that starts in halloween stores of all places. we'll show you how sales of the candidates' masks often reflect real world votes. >>> and

and the thought that the naacp and the aclu feels the need to go to kazahkstan? yeah, i just beg to differ. megyn: now, they say -- this group -- that they they've been invited by several states to monitor elections in the past. it's not the ones you mentioned, it's like new mexico and some other states. >> right. megyn: but they say, look, we had an ini invitation from themn the past, and we're going to take them up on this in the future. are they allowed to go into any state that hasn't specifically paveed the way for them to do that? >> well, certain states do allow for the unite nations' monitors to go in, in fact, the body that the naacp has approached, the osce, is something the united states has been a part of for the past ten years. think of it as a foreign exchange student program where you go in and watch one another's elections to learn. that is wholly different from the way that this is being spun. it's being presented as, um, as international observers coming to stop, to monitor and police inside of american elections. that is where i think the line

the aclu is suing morgan stanley claiming it targeted african-americans for expensive and risky mortgage loans. >>> nordstrom has stepped up its support of gay and lesbian employees by endorsing same-sex marriage. >>> nature's recipe dog biscuits made with real chicken are being recalled for possible salmonella contamination. >>> and southwest florida says residents are arriving about a month early. >>> the average woman's shoe has shot up more than a whole size over the past 30 years. >>> and remember this, we told you about pizza hut's offer of a lifetime of free pie or $15,000 to anyone willing to stand up and ask the candidates if they prefer sausage or pepperoni on their pizza at tonight's town hall-style debate? a few more important things to talk about. the idea was half baked and have now moved their promotion online. good idea. >> one of the top health stories on nbc news.com, the government is investigating two more drugs made by the massachusetts pharmacy at the heart of the meningitis outbreak that's killed 15 and sickened hundreds more. the fda is looking into three new case

the aclu accuses the bank of violating civil rights laws. it says morgan stanley encouraged a lender to push riskier mortgages on black customers in detroit. the bank says the allegations are "completely without merit." >>> and there's a new chapter for kindle customers. amazon says they are entitled to a credit for ebook purchases. it's part of a settlement between the federal government and three publishers. the publishers were accused of price fixing. the credits are expected to range from 30 cents to $1.32. definitely check and see if you're eligible for that. >> i hope that refund is coming in the mail soon. ashley morrison here in new york. thank you, ashley. >>> in sports, a hard-hitting game two in the national league championship series in. the top of the first, matt holliday with a hard slide, barreling into marco scutaro. but in the fourth inning, scutaro gets some payback. a two-out single to left scores two runs after the ball is misplayed by holliday. san francisco goes on to win 7-1. the giants have tied the series at one game

. >> reporter: those owe ppponent include the aclu, they're having a news conference here at the steps of city hall in oakland. they're here to denounce the idea. civil libertarians argue sheriff needs to obtain a warrant every time he uses a drone. they argue the drones should not be used by the sheriff for random mass surveillance. the sheriff says he needs the drones for infrared surveillance. the drones would cost between $50,000 and $100,000. and they could also help in detecting illegal pot brews inside someone's home. the military uses similar technology to go after al qaeda and other terrorist groups. the local drones would be smaller and would not carry weapons. someone would control the unmanned drones remotely from the ground. again, the news conference just getting under way. they're urging the sheriff to not go forward with this idea of bringing drones into the skies of alameda county. >> with those potential drones up in the sky, the streets could soon be patrolled with outside help. city leaders considering a plan to hire sheriff's deputies and chp officers because of hi

yesterday the aclu filed a motion with this same judge saying that the show-it campaign that says photo i.d.s are still required is being publicized while making a small disclaimer that you can vote without a photo i.d. what are you doing to counter this messaging that a lot of folks are calling misleading? >> in litigations and i'm constrained what i could say about that. however, since the judge ruled october 2nd. we have revamped our outreach campaign to follow the judge's ruling which you said, randi, will have poll workers asking i.d. and you can still vote by regular balt and the judge was very specific in his ruling that this education campaign should continue because right now that law is in effect for future elections. so, our campaign is saying now that you'll be asked to show the i.d. and will not be required and it will give information on the website and a toll free phone number where you can get information if you need a free photo i.d. >> why not make it well known? this is false information, really, that is out there. why not change the messaging letting people know that

sheriff's office says it wants to use remote control devices only in emergency situations, but the aclu wants them only deployed if a warrant is issued. the sheriff's office hasn't specified what it would do with any information it actually gathers. today's rally is in front of city hall at 11:00 a.m. >>> an oakland family is hoping new surveillance video will help them catch a killer. the driver of a blue car is said to be charles butler. he bumps a man police believe killed him. it happened at 45th and market street. investigators say after a confrontation, butler leaves for home, only to be followed by the suspect and another accomplice. butler was later found shot to death. his family is asking witnesses to come forward to help solve the case. >>> an elderly livermore man is the first person in alameda county to be treated for the west nile virus. the 70-year-old first reported feeling flu-like symptoms in late september. doctors now say he will be making a full recovery. the virus, as you may know, is carried by mosquitos. >>> investigators from the fda examining evidence after aut

i have also held government accountable, both as a journalist and in my social justice work at the aclu. i'll hold government accountable again. this time from inside city hall. san francisco is a city of neighborhoods which is why it's important that your supervisor pay attention to what our neighborhoods need. i want to focus on kids and families. too many are moving away from san francisco. we need them. that's why i want to make sure our parks are centered on recreation for kids, families and pets. we need more affordable middle class housing for families and most important, we need neighborhood schools so you can walk your kids to. and everyone on the block goes to the same school, neighbors know each other. they can bond. it's the best way to build a strong community. i went to public schools and state college which equipped me for many opportunities in life. i was fortunate to receive a full scholarship to harvard where i recently completed a master's degree in public administration. i'll work hard to apply the public policy lessons i learned to bring common sense to city hall. w

. >> the aclu opposes the installations saying they violate privacy rights. the older recordings do not violate the wiretapping laws because posted signs inform that they are being recorded. >> new details about the scheme to blow up a bank in new york. the latest on what the suspect's family as saying. >> this is traffic on 95 south of maryland 100. give yourself a little extra time. more on weather and >> good morning. 5:09 on this friday morning. little hazy out there. we check the radar. that is the current now. there are still some showers in northern baltimore county and up into pennsylvania. until the front goes completely through the area and off the ocean, as long as it is in the neighborhood, we have a continuing chance of rain with a chance this afternoon will see some sunshine. we will split the day. more details coming up in just a few minutes. >> the family members of the man accused of plotting to blow up the federal reserve bank in new york are speaking out this morning. hallie jackson joins us live with the latest on the story. what we hearin

there was a lawsuit brought by the aclu challenging that. free exercise protections apply to us all. so too does the establishment clause and the separation of church and state. when we see these pockets of minority faiths gaining more political control, in that is great, but it should remind us that the government should never be favoring any religion and we should not fall back on what the majority faith is at that time. >> one example that might be helpful of how this works well, in my opinion, 50 years ago, the school prayer decision was decided. it is the 50th anniversary year of that decision. i think that is a good example of how the competing visions of religious liberty are playing out and work well for people of all faith and of no faith. some people say that is the time when god was kicked out of the schools. if we do not have this government favored religion and some sort of imposition of religious value generally, we will fall apart. but since that case, we have had ups and downs of how schools have treated religion, but today t