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Texas Officials Crack Down On Threats; Search For Motive In Sheriff's Death; Mandela Leaves Hospital; Deadly Bird Flu Spreading In China; Tensions Grow On The Korean Peninsula; North Korea's Aggressive Rhetoric; Final Four Tonight In Atlanta; Sports Make College Years Better; Fisker Fires Up To 75 Percent Of Staff; Playing The Stock Market; California Law Grad Sues School; No Age Limit For Morning After Pill; Passengers Deal With Air Rage

Aired April 6, 2013 - 11:59   ET



North Korea saying its missile launchers are locked and loaded. Is this a real threat or just more rhetoric? We'll ask the experts.

And the morning after pill soon to be available over the counter for all ages. That after a Federal court ruling, but there are still a lot of legal questions. Our legal guys weigh in.

And everybody is primed for tonight's Final Four games. We'll talk to one of college and pro basketball's greatest players of all time. He is not soaring through the skies there. You're looking at downtown Atlanta. I'm ready for the NCAA, but Kareem Abdul Jabar, I guess he's a superman of sorts, he'll be swooping in to the NEWSROOM.

First to Texas now. Police are taking every threat seriously following the killings of two state prosecutors and the wife of one. Someone called in a bomb threat the night before hundreds gathered for the funerals of Mike McLelland and his wife Cynthia. So far police have arrested two men for threatening officials. -- night before hundreds gathered for the funerals of Mike McLelland and his wife, Cynthia. So far police have arrested two men for threatening officials. Our Martin Savidge is in Texas following the case. So Martin, are the men arrested being further investigated for any possible links to the murders?

MARTIN SAVIDGE, CNN CORRESPONDENT: Right now, they said that these people that are under arrest are not in any way connected to the murder investigations that are underway. The two men who have been taken into custody say that look, their comments were apparently misunderstood because they say that they are decent law abiding citizens.

Clearly, law enforcement didn't quite see it that way. They are charged each with one count of terroristic threat. It's extremely serious and then on top of that they each have a $1 million bond. So there is no fooling around when it comes to any threat they hear.

Understandable when you have two county officials that have been killed along with the wife of one. So that's why the feelings are that way. As far as the latest on the investigation, they are being close-mouthed on this because authorities are carefully investigating all the leads they have.

Three primary avenues, one could be a white supremacist group. There have been investigations down here for such. It could be drug cartel they say because there's a lot of drug activity through North Texas or it could be somebody who had a beef.

Right now, they are not focusing on any one. They are looking at all three possibilities even more -- Fredricka.

WHITFIELD: Martin, anything more on the investigation of the two prosecutors that were killed within just a couple months of each other? Anymore being said about any links to any individuals or groups?

SAVIDGE: One of the things that have been talked about here, and again, this is talk at this point because the authorities have really not come out and confirmed or denied any of this. That is the fact that in both cases it appeared that whoever was the killer of Mark Hasse and then also of the McLellands, they were last weekend, they got close to them in a way that authorities aren't quite sure how.

In other words, does that indicate it's someone they knew, someone they trusted or is it someone who was disguised in a way that gave them or let them let down their guard because, of course, especially in the case of Mike McLelland. He knew that someone was out gunning in their community.

They knew that because they had lost one of their chief prosecutors. So they were on their guard, but despite that, they were killed. That's why authorities are wondering if it isn't someone they know. Again, just another angle they are pursuing -- Fredricka.

WHITFIELD: All right, Martin Savidge, thank you so much for that update.

So this spate of murders of law enforcement officials in Colorado, Texas and now spreading to West Virginia. Today still no clear motive in murder of a West Virginia sheriff. Mingo County Sheriff Walter Crumb was shot at point-blank range as he sat in his SUV eating lunch Wednesday.

The ATF ran a trace on the gun used in the shooting. CNN has learned it was bought legally, but no word on who purchased it. Police shot and wounded a suspect, Tennis Maynard. CNN learned that Maynard spent time in a state mental hospital in recent years. We'll have an exclusive view with the sheriff's daughter in the CNN NEWSROOM at 2:00 Eastern Time.

And just in about 20 minutes or so from now, we'll be taking a closer look at who may be targeting law enforcement in Texas. Could it be a lone gunman or a gang? We'll have the latest on the investigation. All right, on to South Africa now, Nelson Mandela is back home. The former South African president was discharged from the hospital earlier today. The 94-year-old was admitted to the hospital last month for a recurring lung infection and pneumonia.

And health officials in China now say they have found traces of the new bird flu in more sections of Shanghai. They are slaughtering more birds hoping to stop the spread of the virus. Shanghai also closed a live poultry market today. Bird flu has already killed six people in China.

There is no break in the tension on the Korean Peninsula. The north has loaded two mi missiles on to mobile launchers while the South has deployed missile-detecting destroyers along its coast. So what's next?

Jim Clancy is following the developments from Seoul, South Korea.

JIM CLANCY, CNN CORRESPONDENT: After weeks of rhetoric, North Korean television was calm. They dusted off small propaganda video showing Kim Jong-Un, the leader, being adorned by his fans in North Korea.

Talk turned to the mention of U.S. Secretary of State John Kerry who is going to be in Beijing in a week's time and wondering whether or not there would be a diplomatic window that is opening here.

Most people understand the position of west. North Korea has to give up its nuclear arms if it wants any assistance, but the North Koreans don't see it that way.


JOHN DELURY, PROFESSOR, YONSEL UNIVERSITY: We think they are blackmailing us right now. We think that what they want is money from us. What we fail to understand is their profound insecurity, their deep insecurity as a regime, Kim Jong-Un's personal insecurity, his fear for his own life.

Put yourself in North Korea's shoes, right. Let's think about the six-party talks. What were U.S. diplomats saying to North Koreans when we were trying to convince them? We said you'll be safe without your nuclear weapon.

Look at Libya because that's what Libya did. Gadhafi was developing a nuclear weapons program. We say give it up, you'll be safe. He gave it up, what happened to him? The North Koreans, of course, watched that all very carefully.


CLANCY: The west thinks it's obvious. If North Korean wants to develop its economy, it's going to have to give up something and nuclear weapons and ballistic missiles are going to be it. But North Korea some say believes that economic success goes right along with military development. (BEGIN VIDEO CLIP)

DANIEL PINKSTON, DEPUTY DIRECTOR, INTERNATIONAL CRISIS GROUP: The North Korean leadership has placed a different bet. They believe they can ride this out. The international community will acquiesce, accept them as a nuclear weapon state and they will be well on their way to becoming a modern, advanced country and they will be able to develop their economy. I don't agree with this view, but his is their perspective.


CLANCY: Nobody thinks like that at least nobody outside of North Korea. Now when Secretary Kerry goes to Beijing, he will be sitting alongside Chinese leaders who have been the mainstay of support for Pyongyang. Perhaps they will have some new ideas to share. Whatever they are, it's clear that John Kerry has his work cut out. Jim Clancy, CNN, Seoul.

WHITFIELD: All right, so what about North Korea's military hardware, how antiquated is it? The U.S. is weighing the options, diplomacy versus military action.

Also straight ahead, I'll be talking to General Spider Marks and Congressman Adam Schiff about that military versus diplomacy.

And air raid, why do some air travelers lose control? Dr. Drew Pinsky has advice on holding it all together at 30,000 feet.

Plus he's one of the greatest NBA and NCAA players of all time. I'm talking to him, Kareem Abdul Jabar takes on the final four, straight ahead in the NEWSROOM.


WHITFIELD: Tough talk from North Korea has heightened tension with the South and the U.S., but is it anything more than just talk? Does the North even possess the technology to mount an attack? Tom Foreman puts into perspective.


TOM FOREMAN, CNN CORRESPONDENT (voice-over): In those massive parades of North Korean military might, the display may seem impressive. More than a million troops under arms, row after row of missiles, tanks and other weaponry. But at, John Pike, a skilled military analyst sees something else.

JOHN PIKE, GLOBALSECURITY.ORG: It would look pretty good to people who didn't know anything about military equipment. You know, I mean, all these rockets are the same, but if you look at it closely, you basically see this is a lot of old, clunky stuff.

FOREMAN: When we asked Pike's team to look over photos of North Korea's military, they quickly pointed out problems. Old Soviet-style tanks still using technology from the 1980s or even further back, anti-aircraft guns that lack any connected radar or computer targeting, boats not suitable for the high seas almost antique equipment for communications. Much of it appears to have been updated, but just look at a North Korean war room compared to one in the South.

UNIDENTIFIED MALE: We're talking about very simple systems.

FOREMAN: There is however that greatest asset of the North, the massive number of troops both a active and reserve they run into the millions. Retired army general and CNN contributor Spider Marks --

GENERAL JAMES "SPIDER" MARKS, U.S. ARMY (RETIRED): They train every winter for weeks and weeks in terms of maneuvering their forces with great alacrity. Now the issue is how do they sustain that?

FOREMAN: Analysts believe in full battle with the South, the North could soon face critical shortages and rations of ammunition.

PIKE: And at some point, any North Korean offensive is going to stall simply by virtue of not having fuel to run the tanks.

FOREMAN: It all means that even though North Korea's military may roar loudly enough to strike fear in any extended battle, analysts think it could prove a paper tiger. Tom Foreman, CNN, Washington.


WHITFIELD: So even with old equipment, North Korea is drawing an tension of the world to new heights and its latest move, putting two missiles on launchers is raising tensions on the Korean Peninsula.

Let's bring in Congressman Adam Schiff from California. He is on the House Intelligence Committee. Good to see you and let's also bring in retired U.S. Army General James "Spider" Marks. General Marks, good to see you as well.

All right, so General, let me begin with you. You know, if North Korea does have missiles loaded, you know, what kind of capability do we believe they actually have?

MARKS: Well, beyond the two missiles that we have seen that have been moved to the east coast, as Tom Foreman just laid out, they have a large military. Again, quantity has a quality all of its own. They've demonstrated their desire to maintain that over the course of the years in terms of their training, in terms of their posturing.

So this is a very capable military. Certainly it has its problems. Those have been laid out in front of us. The challenge that we have is that the threat is a combination of capabilities and intentions. We have a very bad track record of penetrating the regime and fully understanding what their intentions are.

WHITFIELD: Is it your belief that the capabilities of their missiles -- perhaps in terms of threats, it could potentially reach Japan, could potentially, of course, you know, reach South Korea and could potentially, you know, strike Guam, I guess that would be the greatest distance, about 2,500 miles that what they have is capable of. Is that still the case?

MARKS: Sure. They can reach those locations. They fired missiles before that have sailed over Japan. None of those have been a strategic surprise. We saw all the precursors. We had all the indicators of what was happening when those events occurred.

The concern is the combination of all the factors right now, which is new leader in the South being tested, new leader in the North who is probably 29 years old, his relationship with the military, their desire to demonstrate their loyalty to him.

Being in the military in North Korea is a combination of mostly the communist alignment as opposed to the competence, but these are in fact professional soldiers. So they want to make sure they are embracing him and he gets a sense that he's not at risk as well.

So it's a very complicated situation. Again, it gets to reading the indicators and right now, they have not increased their readiness. They have been very, very bellicose. That's a problem.

WHITFIELD: So it sounds like some real psychology has to be inserted into any kind of efforts of diplomacy as well, Congressman. I mean, you have already stated this week that the actions of Kim Jong-Un have reached new heights of irresponsibility.

And if this is the case of a new leader in the North that's really just kind of puffing his chest, do you believe that the U.S. can do really anything to allay the fears that the South may have or even Japan or even we may have?

REPRESENTATIVE ADAM SCHIFF (D), CALIFORNIA: Well, I think we are doing the right thing. We're obviously protecting ourselves and protecting our allies. We're trying to tamp down the tensions because the biggest danger of miscalculation that Kim Jong-Un -- it's one thing to use bellicose rhetoric, but more it's another when he finds the need, if he finds the need to do more than that.

And in the past, just a couple of years ago, they did fire artillery and kill South Koreans. They did sink a South Korean ship. The south was, you know, really quite restrained in its response to that and the North cannot expect that to happen again.

So there's a grave danger of miscalculation. I think one of things that the U.S. can do and this will be an important part of Secretary Kerry's visit to China is get China to put pressure on North Korea. We don't have much direct influence over the North other than preparations we are taking.

WHITFIELD: China has the leverage that no one else, no other country has.

SCHIFF: I think that's true. And you could overstate even that leverage, but to the degree that any nation has leverage, it is China. China does help prop up the North's failed economy with food, with fuel and it's going to be very important. China wants this growing role on the world stage commensurate with its growing power and influence. Here's the opportunity to use that, to really do what it can to pressure the North to step down this ratcheting escalation.

As General pointed out, they have a lot of artillery. They have a lot of weaponry, a lot of troops, and it may be that their weaponry is old and may have poor logistics, but they certainly have enough artillery to devastate Seoul.

So there are some very significant risks here and perhaps what may happen they fire one of these missiles. If it lands harmlessly in the sea and allows North Korean leader to somehow save face, maybe we can step down from this.

But the risk that a missile hits the South or hits Japan, there would be serious reprisals and it would be a terrible miscalculation.

WHITFIELD: Congressman Adam Schiff, thanks so much and U.S. Army General James "Spider" Marks. Good to see you both of you, gentlemen. Appreciate it.

All right, up next, law enforcement in Texas, Colorado and now West Virginia are on high alert as they look for the killer or killers of a prison chief, two prosecutors and a sheriff.

And college hoops fans while they descended on Atlanta for the final four, we'll have the March Madness for you, next.


WHITFIELD: Bomb threats before the visitation service for Kaufman County, Texas District Attorney Mike McLelland and his wife. Police and bomb-sniffing dogs searched the church yesterday before the funeral following a bomb threat on Thursday night.

McLelland and his wife, Cynthia, were shot dead in their home last weekend. McLelland's Chief Felony Prosecutor Mark Hasse was gunned down in broad daylight two months before that. Governor Rick Perry says the killers need to be on notice that they will be hunted down and prosecuted.

I want to bring in Tanya Eiserer. She is the chief law enforcement writer with the "Dallas Morning News." Tanya, good to see you. So what is the latest on this manhunt for the killer or killers? Is the trail cold?

TANYA EISERER, CHIEF LAW ENFORCEMENT WRITER, "DALLAS MORNING NEWS": I don't know that it's cold, but at this point, authorities do not have any specific evidence against any individual or individuals. As one law enforcement official told me, it remains a who done it. And I also wanted to note that this is an area where a lot of law enforcement live and there remains a palpable fear out there.

WHITFIELD: So you said no evidence as to who may have done this. But then we see the name of the Texas Arian Brotherhood that potentially comes up, potentially may be linked to these crimes. What more is being said about that from officials?

EISERER: It's certainly something they continue to look at. They continue to look at leads and tips, but they are also looking at potentially the cartels and just somebody that might have had a grudge against that office.

WHITFIELD: Because clearly they are looking at the common denominator of cases that the D.A. and the assistant D.A. may have been a part of or investigating or prosecuting. Are officials still looking at those matters as to whether they hold any clues about who may, I guess, have a revenge out for?

EISERER: Absolutely. They do continue to look at cases. There are a number of cases that both of them were involved in. But you know, you also have to -- you cannot assume what the motive is because we don't know who did this and why. So that's one of the reasons why they have security on all officials, all elected officials in the county.

WHITFIELD: What about any kind of concrete, physical evidence, anything new?

EISERER: No, they are still looking at the ballistics. In this case, there were about a couple dozen shell casings left behind at the scene. They are very hopeful that might yield some evidence, but we're still waiting to see what will happen with that.

WHITFIELD: OK, then the owner of a gun shop recently said that Mike McLelland was in the shop looking at antique guns. Not necessarily for himself, but because some people in his office had expressed that they were concerned for their safety. What more are you learning about that?

EISERER: That was a gun shop that he actually went to quite frequently. He liked to go there. He liked to visit. The gun shop owner has said that he did tell him in that last visit that he was concerned about his staff's safety and he wanted to know what would be a good weapon that they should carry.

WHITFIELD: All right, Tanya Eiserer, thank you so much from the "Dallas Morning News." Appreciate it.

EISERER: Appreciate it. Thank you.

WHITFIELD: All right, it's final four time, the best in the NCAA talent in Atlanta and voted the best player in NCAA history is this man right here. Basketball legend Kareem Abdul Jabar, he stops by before leading kids on a dribble drill.

And later a law school graduate is suing his alma mater because he can't get a job, does he have a case? We'll get a verdict from our legal guys straight ahead.


WHITFIELD: Welcome back. I'm Fredricka Whitfield. A look at our top stories for the hour, the U.S. is hoping to defuse tension with North Korea. U.S. Secretary of State John Kerry heads to Asia later this week. This comes as the North loaded missiles into launchers and the South deployed anti-missile ships. On Friday, North Korea reportedly told diplomats to consider evacuating their embassies.

And in South Africa, Nelson Mandela is back home. The former South African president was discharged from the hospital earlier today. The 94-year-old was admitted to the hospital last month for recurring lung infection and pneumonia.

And NASA plans to lasso an asteroid and park it near the moon. How cool is that? The idea is to snag the huge rock with a robot arm and send astronauts to explore it. The perfect rock would be about 25 feet. That's smaller than the asteroid that streaked across the sky in Russia back in February.

It all comes down to this, after weeks after bracket busting and surprise wins, only four teams are left. Joe Carter is outside the Georgia Dome and ready to size up the final four.

OK, so Joe, you know, the two coaches at Michigan and Syracuse have a rather unique relationship. Is this going to be tough to be competitive on the hard court for them?

JOE CARTER, CNN SPORTS CORRESPONDENT: Not a chance. All bets are off. Doesn't matter how good of friends they are. These two guys want to win the game. I could tell you it's going to be a great one tonight. Absolutely looking forward to that, that late game in Michigan-Syracuse, we'll get to that in just a second.

But we got, like you said, Fredricka, 68 teams started with a few weeks ago. Now we're down to the final four teams. It is game day about 6:09 Eastern, the number one overall seed Louisville will tip off against Wichita State, the ninth seed. You got the David versus Goliath.

And then as we said, the late game Michigan taking on Syracuse, of course, Syracuse when you think of that program, you think of their coach, legendary coach Jim Boeheim, over 900 wins, 37 years with the program, has been in the final four each of the last four decades.

Some were speculating that if he cuts the nets down Monday night, this will be it for Jim Boeheim. And then you got Michigan's coach that's John Beilein. He's been a journey man of sorts over the years, making a stop at several schools as a head coach. But as you'll hear, John Beilein credits Jim Boeheim for where he is today.


JOHN BEILEIN, MICHIGAN COACH: Really assisted me in getting my first Division I job and then went to the big east he also assisted me from getting from Richmond to West Virginia. All those steps were necessary to be here right now. So I'm indebted to him, but we won't be doing him any favors on Saturday. (END VIDEO CLIP)

CARTER: All right, so we got two big games tonight, two emotional games. You want all access. We're going to give it to you, Fredricka, 3:00 Eastern on CNN. We're going to show you the pregame speeches.

The tears after the loss, the celebrations after the win, we're going inside all access hosted by Rachel Nichols. Join us for that, Fredricka. It's going to be a good time at 3:00 p.m. Eastern. So 68 down to four, we'll whittle it down to 2 and then cut the nets down on Monday night -- Fredricka.

WHITFIELD: All right, nice prelude for the double header this evening. All right, thanks so much. Appreciate that. Joe Carter.

All right, so we're seeing the best and the worst of college basketball right now. The final four has gotten the sporting world's attention, but so has the scandal at Rutgers University, the athletic director, the head and assistant basketball coaches all out of their jobs.

I talked with basketball great, Kareem Abdul-Jabbar, a man who played on championship teams in college and in the pros and he talked first about Rutgers.


KAREEM ABDUL JABBAR, FORMER BASKETBALL PLAYER: College coaches are supposed to be educators. What is this coach teaching the guys that he's coaching? It's entirely inappropriate and I'm glad that the university finally got around to doing something about it. You wouldn't want your kids going to college and having to deal with those circumstances. I don't think any parent would. I think the university should really deal with the issue.

WHITFIELD: Yes, very discouraging. Meantime the flip side of that is, very encouraging, people are excited and thrilled about the NCAA madness right now. Final four, especially with Louisville and Kevin Ware's story, you know, how gripping has this been for you as a former player on the college level?

JABBAR: I think it's been great. I really enjoyed all the attention that the game is getting. I think it's really positive. There are a whole the lot of events going on. Sunday morning, I'm going to be involved in Powerade Georgia Dome dribble -- we're going to dribble around the Georgia Dome, we hope to have up to 3,000 kids.

Just to show them that they can be fit and live a healthy lifestyle. Monday I'm hosting a party at the NCAA, we're going to have some fun. It's that time of the year when we all remember a lot of things. It's been about 40 years since I graduated, right? You saw the picture. I used to have hair.

WHITFIELD: You are a legend on the hard court whether it be on the college level or the NBA. You know, what is encouraging to you about what college level sports, what it has reached this kind of fever, this kind of interest and intrigue?

JABBAR: Well, I think that college sports is something that makes college more attractive. It balances out the hard work that you have to do in the classroom. For a long time, college athletes were expected to do well in class. I don't think that's something we should get away from.

WHITFIELD: Do you think that's gotten lost that message?

JABBAR: Sometimes it does, you know, just because people see sports as being a separate and equal section of life of its own, but it's part of everything. So we have to learn how to include it and have a wholesome, balanced approach. So the whole idea of a scholar athlete is something people should embrace. It takes awhile.

WHITFIELD: We see you on so many platforms advocating sports with young people, as you mentioned with dribbling the basketball around the dome this weekend. As a cultural ambassador plucked by the State Department as well and really traveling the globe. Everyone knows you as a stellar athlete and a real intellect as well. Is there pressure that comes with being that kind of ambassador?

JABBAR: There's pressure, but I think it's really positive pressure because when you're encouraging kids to do positive things, you get a great result.


WHITFIELD: Kareem Abdul-Jabbar. All right, CNN is going behind the scenes and giving you a backstage pass to the final four. Don't miss it today at 3:00 Eastern Time.

All right, he stock market seems to be going gangbusters, but is it time to invest or pull out? Christine Romans is ahead with advice you'll need to make sure that your cash doesn't go bust in midst of the boom.


WHITFIELD: In business news now, the days of taking the awkward family photo at a studio may be coming to an end. Portrait studios at Sears and some Wal-Mart stores are shutting their doors after the company that managed them went out of business.

CPI Corporation says it's closing more than 3,000 locations in North America, but plans to fill orders for those who have recently had a studio session.

And Fisker Automotive, the maker of luxury electric cars is announcing some major layoffs. The Southern California company says its letting go of about 75 percent of its workforce after it failed to make a deal with an automotive partner. Management expects only about 40 staff members to stay on.

All right, the stock market has been hitting record highs after record high recently. So should you jump in or is it time to pull your money out? In today's "Smart is the New Rich," Christine Romans offers some tips.


CHRISTINE ROMANS, CNN BUSINESS CORRESPONDENT (voice-over): Kenny Rogers sang about it in "The Gambler," but knowing when to hold and fold is key to building stock market wealth. The Dow just wrapped up its best quarter since 1998. The other major indexes have also soared, but you don't make any real money until you sell. One strategy is to cash out to lock in your gains.

AMY SMITH, MARKET COMMENTATOR, "INVESTOR'S BUSINESS DAILY": Most stocks that have great ea earnings and sales will run up on average historically about 20 percent to 25 percent before they begin pulling back in price. So you might want to think about locking in some profits at 20 percent to 25 percent.

ROMANS: And if you bought a stinker, even in this bull market, don't hang on.

SMITH: You should always consider selling a stock if it falls 7 percent to 8 percent below what you paid for it.

ROMANS: If a company's profits starts to decline that could be a warning to get out.

NED RILEY, CHAIRMAN, RILEY ASSET MANAGEMENT: The first thing I tell people is to watch the momentum and earnings year over year. If there's a deterioration in the growth rate of a company's earnings then one should be wary.

ROMANS: Wary is exactly how some money managers feel about this market. CNN Money surveyed nearly 30 of them. Their prediction, stocks won't end the year much higher from where they are now. Others say we're due for a pullback.

CARTER WORTH, CHIEF MARKET TECHNICIAN, OPPENHEIMER ASSET MANAGEMENT: One year, two years, three or four years, it's a great bull market, but history shows that when you have very euphoric bull phases, they give way to corrections. It's a normal thing. From a November low, we're up about 20 percent. At this point, this is exactly where a normative pullback or correction or pause occurs.

ROMANS: Problem is most of us can't time the market, which is why the Oracle of Omaha's advice may be apply. So next time you check your 401(k), ask yourself, are you feeling greedy? Christine Romans, CNN, New York.


WHITFIELD: And suing your college? That's what some graduates are doing when they said they couldn't find a job. Is that fair and is it even legal? Our legal guys talk about it.

Plus air rage from passengers losing it before boarding to people melting down mid-flight, what should you do if you find yourself caught in the middle? Dr. Drew has some insights. (COMMERCIAL BREAK)

WHITFIELD: A California law grad is suing his school. He and others claim the college practically guaranteed they would find him a job as a lawyer. But after months of searching without results, he filed suit against the school for misleading him. Does he have a case?

Let's bring in our legal guys, Avery Friedman is a civil rights attorney and law professor and Richard Herman is a criminal defense attorney and law professor. Good to see both of you.

So I'm sure you guys have very strong opinions about this given you are grads of law school. So according to our research, these lawsuits are being dismissed across the country. Apparently, there are at least six states that have similar class action suits and all stemming from the case of Michael Lieberman, who is suing Southwestern Law School.

He says they advertised that 97 percent of the grads would be employed within nine months of graduation. He was looking for a job as are a number of others. So, Richard, you first, is that argument enough, kind of false advertisement is the problem here he says?

RICHARD HERMAN, CRIMINAL DEFENSE ATTORNEY: Well, the problem is fraudulent inducement. I mean, Fred, law school is a business. They charge these students upwards of maybe $75,000 to $100,000 for a three-year degree.

Now if the school tells you before you come in, we're telling you, we have a 97 percent within nine months you're going to get a job within nine months and 97 percent of our graduates get those jobs. That induces you to pay that fee.

Now you go to law school, you graduate and you can't get a job so they lied to you. Yes, they have a lawsuit. In California, they got very strong consumer protection laws. Fred, I think they have a viable lawsuit here. I think the university is going to have to pay, yes.

WHITFIELD: My goodness then why is it being dismissed in some places -- Avery?

AVERY FRIEDMAN, CIVIL RIGHTS ATTORNEY: For a good cause. Look, this isn't welding school, for goodness sakes. This is a profession and whether a law school is out there marketing about what percent of their class gets a job.

First of all, none of those statistics until recently change in the law said anything about what they are doing. Some guy folding shirts in the basements of Macy's, yes, he has a job. I don't think there's fraudulent inducement.

Who the heck goes to law school based on those kinds of representations? This is a profession, Fredricka. Federal courts in Michigan and New York have thrown these cases out. Yes, I agree, there are consumer laws in California that are tougher. I don't think the case is going anywhere.

WHITFIELD: And so according to a report in California, Southwestern Law School says that it does follow the American Bar Associations requirement. So they say they are not culpable necessarily if you're unable to land a job.

So what will this case and the other cases in the six other states need to continue to be viable? You know, how can they continue to argue their case that the school is at fault for not landing them a job -- Richard?

HERMAN: Ye, it's basic fraud, Fred. I mean, I think Avery is wrong. That case in New York that was dismissed is on appeal right now. Listen, you can't make promises to people about employment especially in this economy where people have choices. They don't have to go to law school.

But if the school is saying, listen, we're telling you 97 percent get jobs in the legal industry and you go to that law school. It's not 97, it's below 50 percent. That's fraud. Come on, that's recoverable. There are damages. It's basic fraud law. This is a live lawsuit in California.


FRIEDMAN: Look, it's not an industry, it's a profession. This isn't cooking school or welding. The fact is that the economy has dried up, there's internet research that have limited more jobs. I don't think the cases are going anywhere.

I mean, of course, it's marketing, and I think there should be an improvement in the information disseminated, but no way these cases are going to prevail. There's no legal theory. We just disagree.

WHITFIELD: Let's move on to the next topic. We're talking about the morning after pill this week. A federal judge in Brooklyn ordered the FDA to make the morning after pill available and over the counter to people of any age without a prescription.

That overturns a decision by the Health and Human Services that requires a prescription for girls under 17. So Avery, you first, you know, the argument being made, the federal court saying, you know what? It's too arbitrary to set this age of 17 or otherwise so what next potentially? Would there be an appeal?

FRIEDMAN: Well, we don't know that there will be an appeal, but I have to tell you something, Fredricka. This 59-page opinion that was published yesterday by the Federal District judge is all about women's health. It's a recognition of the catastrophic prices. We're dealing with unwanted pregnancies in America.

The fact is that FDA scientists supported unfettered access to emergency contraception along with the American Academy of Pediatrics and the American Medical Association, a victory for women, a victory for health. I don't see that even if there's an appeal, Fredricka, that you'll see a reversal of this very, very important decision. WHITFIELD: So Richard, in fact that's what the court is saying. The court is saying until you show us that there were some health reasons as to why someone 15 or 16 shouldn't be taking the morning after pill versus if they were 18, until you provide that, this should be made available to everyone.

HERMAN: Exactly, Fred, and they can't provide that. That's the point. That's the point the judge made in this decision. Listen, he's one of the stall worth judges in the district court in Brooklyn. He's been there for a long time. This is a fantastic decision.

They can appeal it to whoever they want. It's never going to be reversed. The judge is right on the law. The decision is arbitrary, capricious and unreasonable and Sebelius really she should retire based on her objection to this.

FRIEDMAN: Wait a minute.

HERMAN: We don't know if it's going to affect 10-year-old girls. You take aspirin, this is a ridiculous partisanship.

WHITFIELD: All right, thanks so much, gentlemen. I'm sure you'll be getting an e-mail or phone call from Ms. Sebelius.

All right, Richard and Avery, thanks so much. Appreciate your time. The legal guys are here every Saturday at this time to give us their take on the most intriguing legal cases of the day, you never what you're going to get.

All right, coming up next, air rage, what would you do if you're getting ready to board a flight or if you're already airborne and someone near you just simply loses it. HLN's Dr. Drew breaks down the dos and the don'ts right after this.


WHITFIELD: Are you ready for an edgy topic? We're talking air rage. A California police officer is getting praise after he came to the rescue of a TSA agent who was attacked at the Honolulu Airport.

Justin Rogers jumped a barrier and body slammed the alleged female attacker. The suspect has been charged with assault. Then do you remember the man accused of slapping a toddler on an airplane and calling the baby a racial slur? He's due back in court on Tuesday and has pleaded not guilty to assault.

His attorney told the "Atlanta Journal Constitution" that he admitted to using the racial slur on the flight in February, but said he had just come back from taking his only child off life support and he was distraught.

So why so much crazy stuff happening on flights and in the airports these days and how should you deal with it if the passenger next to you has air rage? Holly Firfer and Dr. Drew Pinsky show us how to handle it in this week's "On the Go."


HOLLY FIRFER, CNN CORRESPONDENT (voice-over): The International Air Transport Association says instances of what it calls air rage are up, in 2010, by 29 percent over the previous year following a similar rise in 2009. Bear in mind, those are only the reported incidents. HLN's Dr. Drew is weighing in on why this is happening.

DR. DREW PINSKY, HOST, HLN'S "DR. DREW": We are all under tremendous economic stress these days. Planes are now more loaded with people at closer quarters than ever. You can get a little bit of even brain swelling at very high altitudes and that can contribute to irritability. Excessive consumption of alcohol is adding to these expressions of rage in the air and in other circumstances.

FIRFER: Dr. Drew also has some tips on what to do if air rage happens to you.

PINKSY: If you feel yourself sort of welling up with anger, get out of your seat, walk around, and talk to the air staff. The same is true if you see somebody else getting into a state. Warn them about the alcohol you have seen them consumed. Pull yourself out of the situation and let the pros take over.


WHITFIELD: All right, checking stories trending online right now. Actress Halle Barry is three months pregnant with her second child. The father is her fiance, Oliver Martinez. The 46-year-old Barry is having a boy.

And Jay-Z and Beyonce got mob mobbed by fans in Cuba. The power couple is celebrating their five-year wedding anniversary in Havana.

And coming up at 2:00 Eastern Time, a West Virginia sheriff gunned down. Are law enforcement officials across the country being targeted? An exclusive conversation with the sheriff's daughter.

Next Ali Velshi and "YOUR MONEY."