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Ariel Castro on Trial; New Reports Emerge About NSA Surveillance Programs; Alex Rodriguez May Face Extended Suspension; Interview with Jane Harman

Aired August 1, 2013 - 07:00   ET


PAMELA BROWN, CNN CORRESPONDENT: -- more horrifying details of what these women endured, how they were in a sustained state of fear, and how they tried to keep a sense of normalcy through the use of their diaries.


BROWN: Prosecutors filed a memorandum Wednesday detailing how Ariel Castro kidnapped Amanda Berry, Gina Dejesus, and Michelle Knight, and the horrific physical, mental, and sexual abuse they endured daily. According to court documents he let the three women keep a diary during captivity that described the abuse and dreams of someday escaping and being reunited with family.

ARIEL CASTRO, ON TRIAL FOR KIDNAPPING, RAPE, AND MURDER: My addiction to pornography and my sexual problem has really taken a toll on my mind.

BROWN: Castro has also admitted to having the girls chained by their ankles with only one meal a day, showering infrequently while he sexual assaulted them. He also said he had other victims and some made it home but that others did not. In a plea deal that took the death penalty off the table, Castro pleaded guilty to more than 900 counts, including kidnapping, rape and murder, for terminating Michelle Knight's multiple pregnancies.

MICHELLE KNIGHT, KIDNAPPING VICTIM: I may have been through hell and back, but I am strong enough to walk through hell with a smile on my face.

BROWN: Sources say Knight will likely make an impact statement in court.


PAUL CALLAN, CNN LEGAL ANALYST: Sometimes the sentencing process is a form of catharsis for the victim of the crime.

BROWN: Castro, too, will finally share his side. Prosecutors say he will apologize to his victims. Michelle Knight thanking the Cleveland police department with this note saying "Just when the caterpillar thought the world was over she became a butterfly."

(END VIDEOTAPE) BROWN: The sentencing today is expected to start at 9:00 a.m. eastern time. We could see physical evidence, evidence taken from Ariel Castro's home. We could see photos and investigators are expected to take us through Ariel Castro's home and show us what happened in each room. Also I have been told by sources that they have gone to great lengths to make sure today is a tasteful sentencing. We are not going to see the full scope of evidence. They're only going to show what is necessary. They don't want to re-victimize these women.

Again, Ariel Castro is expected to speak at the end of the sentencing. His attorney tells me this and says that he also could be more remorseful than what we have seen so far. It is going to be a very dramatic proceeding for certain. Back to you.

KATE BOLDUAN, CNN ANCHOR: Thanks so much. Stay with CNN for live coverage of Castro's sentencing beginning at 9:00 eastern.

CHRIS CUOMO, CNN ANCHOR: It turns out NSA leaker Edward Snowden is leaking again. There are more details on ways the government could be watching you. Britain's "Guardian" newspaper says the National Security Agency can see pretty much everything you do over the Internet and Snowden apparently gave them the snoop. This as lawmakers debate if all the government surveillance is actually working. A bipartisan group will meet with the president this afternoon to discuss privacy and transparency. Let's go to Pentagon correspondent Barbara Starr. Good morning, Barbara.

BARBARA STARR, CNN PENTAGON CORRESPONDENT: Good morning, Chris. That meeting at the White House may be a sign that the administration is willing to change some of the program but they are not willing so far to give it up.


STARR: The Obama administration under attack for its surveillance programs. National Security Agency director Keith Alexander heckled.

UNIDENTIFIED MALE: I haven't lied to congress.

STARR: While Congress questions is the NSA spying on us? And who is accountable for Edward Snowden's leaks?

SEN. PATRICK LEAHY, (D) CHAIRMAN, JUDICIARY COMMITTEE: Has anybody been asked to resign or offered to resign because of this failure?

UNIDENTIFIED MALE: No one has offered to resign.

STARR: The administration declassified more documents in an effort to show the surveillance is vital to national security even as a new article by Glenn Greenwald in "The Guardian" unveiled more material from Snowden about a program called X-Key Score. Greenwald says the program proves the NSA can see everything you do electronically by collecting tens of billions of emails and other internet activities.

GLENN GREENWALD, "GUARDIAN" REPORTER: It allows NSA analysts with no oversight, no supervision prior to their search to enter whatever they want to enter, an e-mail address, an IP address, key words. And they can then discover your internet communications.

EDWARD SNOWDEN, NSA LEAKER: I sit at my desk have the authorities to wiretap anyone.

STARR: Analyst Jim Lewis says no way.

JIM LEWIS, CSIS: The more it sounds like Hollywood the less likely it is to be true. So ideally you can sit in your desk and wiretap Jim Lewis and peck at the keyboard and suddenly hear my phone calls, that is just silly.

STARR: Not surprisingly the NSA says, quote, "The implication that NSA's collection is arbitrary and unconstrained is false."


STARR: The latest that we are watching for is WikiLeaks posted a tweet earlier this morning. And you see it there saying that Edward Snowden will have a statement later today on the Bradley Manning verdict, the other major leak case. Look, the NSA insists they say no analysts can simply go through databases they have at will and look at anything they want to. But the bottom line, when the lawmakers go to the White House to meet with the president, they still want to know why is the government collecting that bulk data, those thousands of records on Americans' communications activities. Kate?

BOLDUAN: I'd like to see how much we learn from what happens inside that meeting. Barbara Starr at the Pentagon, thanks so much.

So the big question remains, what is the deal? What can the government do? And how much of it is used on us to store personal information.

We are joined by former Congresswoman Jane Harman. She was ranking member of the House intelligence committee for years and she is currently the director and president of the Woodrow Wilson International Center for Scholars. Thanks so much for joining us this morning. We have more leaks, more information coming out. The big question that I think many people have, the "Guardian" article says that they can look at e-mails, chats, browsing history with very little oversight, with very little prior authorization. But the administration and NSA says that is not the case, that this is not wide spread unchecked access. Who is right?

JANE HARMAN, DIRECTOR, WOODROW WILSON CENTER: The administration and the leaders of the intelligence committees on a bipartisan basis are right. I was there when these programs were put together. One of them was put together outside of the Foreign Intelligence surveillance Act, which was not OK. And Congress moved to amend it to make sure it fit within the law.

But I have seen these programs and you cannot access. Edward Snowden can't and certainly Glenn Greenwald can't access any information it wants to. When an American is involved, there has to be an individualized warrant, that means an effort to go to a federal court with your name on it to get access to your data, and that can only be used if a threshold is met and if you are connected to a foreign terrorist. There is a very limited number of people who have ever been in the system, and 54 plots have been foiled.

I just would predict that if we have another Boston Marathon bombing or something bigger than that, and it is certainly possible, and there is a link to a foreign organization the calls for doing something even bigger than this program are going to be loud and wide. This is the time to have more transparency. I'm for that, to explain this program to more members of Congress, I'm for that, and to make certain that Congress buys into a pretty transparent program but we keep it.

CUOMO: Why didn't General Alexander mention Key Score when he was before Congress? Don't you think that was a material omission?

HARMAN: I don't think Key Score is as big a deal as everyone else says it is. What it is, is a search tool that enables an extremely limited number of people to collate information on someone for whom there already is an individualized warrant. It is not a search engine over new data about new people. So I think he --

CUOMO: We were led to believe early on, Congressman, that this is about metadata, which nobody knows what it means, but its bulk data and nothing specific to you. Then we hear about this program and its own pamphlets, its own preparation for the user says you can get everything you want on individual use on the Internet, e-mails, all kinds of detailed information.

HARMAN: I haven't seen the pamphlets, and I wasn't aware there were pamphlets. That seems a little much, unless it is a just a user manual. But what it is, it's for someone who already is legally authorized -- and, by the way, based on something you had earlier in the program I do think mistakes were made in the Snowden case. I do think there were people responsible and I think they should be held responsible. Now there is a two man rule, meaning two people have to watch each other. And that should have been implemented from the beginning.

At any rate, on this thing, this is just an ability to let people lawfully authorize, collate the material that is legally collected on an American or foreigner. And it's not accessed to anything about anybody. That's not fair. And if you would read me the language from that manual, it is limited to legally authorized persons. That is certainly how the program is set up.

BOLDUAN: But people hear leaders say there are safety mechanisms and compliance mechanisms, there are safeguards in place to make sure that not every analyst, not everyone can access this information. But something clearly happened for Edward Snowden to be able to get this information and get it out. Now you have to understand the distrust that Americans have.

HARMAN: I do. And let me applaud the fact that Ron Wyden and Mark Udall, two members of the Senate, were very responsible about working within the system to get their objections heard. Jim Sensenbrenner in the House is doing the same thing. I'm glad they're all going to be at this meeting in the White House today. This should be a more transparent process.

By the way, Congress did debate these things. Some people may have missed the movie, but I was certainly there. We put the program fully under the Foreign Intelligence Surveillance Act in 2008 and that sunsets every three years. People have a right to vote against extending it. But there is a discussion about how the program works. And I applaud Senator Feinstein, chairman of the Senate Intelligence Committee, for writing an op-ed yesterday in which she says all members of Congress, not just the intelligence committee members or judiciary members, should have access to a lot of this data and should understand how the program works. Why do we have the program? We have the program to foil plots against us. It's very hard to find out about those. And the fact that 54 really bad things didn't happen to us or our allies is a very good news story.

BOLDUAN: Congresswoman Jane Harman, thank you so much.

HARMAN: Thank you. Happy to be on this new show.

BOLDUAN: Thank you very much. Welcome to NEW DAY.

One troubling fact is Senator Pat Leahy disputed the fact that 54 plots have been prevented because of these surveillance programs.

CUOMO: There is no question it is good that we are trying to stop plots. It is just this balancing test of what you are doing with people who aren't involved with plots. The NSA's own training manual says they can get everything a typical user does on the internet through S-Key Score, and that includes content of emails, website, visits, and searches, as well as metadata. So it's not just random. It is specific information they can get from people and we have to make sure they use it at the right times. That's the question. Politicians shouldn't be vague about it. It just prolongs this discussion.

BOLDUAN: Balance is a possible debate to really have but one they need to have.

CUOMO: Another story we are following here. Baseball can soon drop the hammer on Alex Rodriguez. The ESPN report is out now and it says the Yankees slugger is talking to Major League Baseball about a long suspension that would keep him from being banned for life. That's the balancing test there. A-Rod is under investigation for his alleged association with a Florida clinic accused of providing baseball players with performance enhancing drugs. CNN's Joe Carter is live in Tampa, Florida, with the latest. Good morning, Joe.

JOE CARTER, CNN CORRESPONDENT: Good morning, Chris. This report is basically indicating that commissioner Bob Selig is playing hardball with Alex Rodriguez. And his attorney, obviously earlier in the week Alex Rodriguez's attorney said they would fight any suspension that came their way no matter the severity of the suspension. Now a likely settlement would mean that Alex Rodriguez be suspended for the rest of the season and all of next season and return in 2015. That suspension would mean that Alex Rodriguez would lose a salary just under $35 million. That would be the most costly suspension in sports history. Later today Alex Rodriguez is expected to show up to the Yankees training facility in Tampa, Florida. The team says he will participate in what they are calling a simulated game. The general manager says he will join a minor league team on Friday. No word yet what team or in what city. Obviously the timeline is pending on whether or not Major League Baseball comes down with their announcement, and that decision is expected sometime, anytime today or today. Kate?

BOLDUAN: Joe, thanks so much. Keep us updated.

Another store that we've been following very closely, health officials in two states blame a salad mix for an outbreak that's sickened hundreds of people in 15 states, but they are not saying what the brand is that you should watch out for. CNN's chief medical correspondent Dr. Sanjay Gupta is here to explain. So they haven't released the brand. What is the reasoning behind that? That is the first question that everyone wants to know?

DR. SANJAY GUPTA, CNN CHIEF MEDICAL CORRESPONDENT: Sure. And I think it's already affecting the way people are looking at salad, something that we recommend all the time.

I'll say a couple of things. This hasn't been handled well. This has been going on since mid-June. And for a long time people are saying how come we haven't figured this out. It has been over a month. It has been six weeks. Preface by saying that. So this has gone slowly.

Part of the issue is that they haven't tracked all of the cases yet, only about 80 percent. They are not sure it is all a particular vendor yet. And so they are trying to be a little bit careful. And 20 percent they still are not sure if they are connected. And it relies on these questionnaires that we were talking about yesterday, asking people to remember what they ate. They may never know for sure.

The other thing is that this is a mixed salad. It's romaine, it's iceberg, red cabbage, and carrots. It could have come from different farms and then put together in restaurants as well as some of the stores. That makes it a little bit more complicated. It is also interesting is there has to be an imminent public health threat for them to require release.

BOLDUAN: -- And they say that's passed.

GUPTA: They think the salad's out of the system so there's no imminent public health threat. It's not satisfying, but I think that's your answer.

BOLDUAN: Definitely not satisfying customers. They want to know.

GUPTA: People are buying salad. I kept getting e-mails saying I am not going to buy salad because I don't know which one is potentially problematic.

BOLDUAN: You can't fault people for going to the extreme if they don't have the information. Remind us and remind viewers how they believe the parasite got into the salad.

GUPTA: It is pre-washed salad. They believe that either in the irrigation water that actually irrigates the plants in the first place, or in the washing process. They think this happened certainly before it got into the bags. An important point. It wasn't some contaminant in the bags, for example. Part of the washing process. It was designed to prevent this sort of thing from happening and in this case it backfired.

BOLDUAN: It definitely did. Seems it is not over yet.


GUPTA: More people may be getting sick.

BOLDUAN: Even though salad is likely not on the shelves but the symptoms could be setting in.

GUPTA: Eat your salad still.


CUOMO: All right, so we'll stay on it, we will keep following it until we figure out what the chain of accountability is, so everybody feels safer about it.

GUPTA: Hopefully I come back and report on that.

CUOMO: That would be great. Always. Always great to have you on NEW DAY.

A lot of other stories we are following especially overseas in Cairo.

PERIERA: We continue to keep an eye on Egypt. Cairo bracing for the possibility of more deadly violence. Egypt's military-backed government has ordered police to break up supporters of deposed president Mohamed Morsy, camped at sit-ins in Cairo. In a televised speech, Egypt's interim interior minister said the sit-ins threatened national security. Meanwhile Amnesty International calls the plan a recipe for bloodshed.

Good news, bad new situation for O.J. Simpson. The former football star has been granted parole. He will stay behind bars for at least another four years. Simpson was originally sentenced to 33 years behind bars for a botched armed robbery. The sentence was reduced because of a good behavior and a lack of prior convictions. He will be 72 years old by the time he is released from prison in 2017.

The fix is in for student loan rates. The House passing a bill that rolls back the rates which doubled last month due to congressional inaction. The bill cleared the Senate last week. It ties interest rates on federal student loans to the financial markets, but there is a cap to make sure they don't go too high. The measure goes to President Obama who is expected to sign it.

Same-sex couples in Minnesota wasting no time tying the knot. Marriage ceremonies began just after midnight at the Mall of America, and in courthouses across the state, as same-sex marriage became legal,. Now the law in Rhode Island beginning today. Those two states becoming the 12th and 13th to legalize it.

And finally, it certainly does take teamwork, we know very well, to make things happen. Look at these two dogs. Little beagle wants to get inside bt can't get the door open. No problem says his friend who actually I think could get a job as a doorman.

CUOMO: Officially is a doorman.

PERIERA: I think he is, and inside he goes. He is like I only have three legs, but I can open the door quite handily.

CUOMO: He is like come on, man. I have three legs. You have four legs.

PERIERA: Come on. Help me out. Off they go.

BOLDUAN: Where were they going?

PERIERA: Just inside.

CUOMO: You just want to shut that beagle up. They can be so annoying.

BOLDUAN: That is a very good point.

Someone who is not annoying. Let's get over to Indra Petersons keeping track of Hurricane Gil for us.


INDRA PETERSONS, AMS METEOROLOGIST: We are looking at Hurricane Gil. It continues to strengthen here. Winds at 80 miles per hour. Gusts up to 100 miles per hour. It is expected to go up to 90 miles per hour. It is not expected to become a category 2. We will continue to watch the direction it goes. This is key. If it goes north it goes to cooler waters which means it weakens and becomes in the path of Hawaii. That is not the path we want. The latest track drops it farther to the south.

The good news once it strengthens it is expected to weaken behind wind sheer. We have more storms in the forecast today. Yes, we're talking about rain in the Mid-Atlantic anywhere from Pennsylvania, Jersey, down to Virginia. We can't leave out the southeast, right? Because that's what their summer is about this summer. More rain expected today. The hot spots will be around Atlanta and even out towards Raleigh. We're looking for storms in your area.

Also seeing hot spots pretty much right around Omaha. Otherwise temperatures though, pretty nice. Pretty mild across the country. The only place really seeing temperatures above normal back again in Texas. In Texas they've had it so hard, I mean the drought conditions remain. They're strengthening. Of course, they are the only spot that continues to see above normal temperatures. No relief in sight for them. BOLDUAN: Okay, Indra, thank you.


CUOMO: Coming up on NEW DAY, George Zimmerman was pulled over for speeding. Wait until you hear what he had in his truck with him. The whole thing on dash cam video.

BOLDUAN: An unarmed man shot at 15 times by police. We'll tell you how it happened and are going to talk to the sheriff defending the actions of his deputies.


BOLDUAN: Welcome back to NEW DAY, everyone. Less than a month after he was acquitted of the shooting death of Trayvon Martin in Florida, George Zimmerman is back in the headlines again and he is still packing heat. He was stopped for speeding and told the cop he had a gun in his truck. John Berman has more.

JOHN BERMAN, CNN CORRESPONDENT: Good morning, Kate. This happened Sunday afternoon. There was a four minute exchange, fascinating exchange, with George Zimmerman and this officer. When the officer learned George Zimmerman's name he said what a coincidence, this is all on dash cam video.


UNIDENTIFIED MALE: Florida SUV 816 team Lincoln Poll (ph).

BERMAN: This truck pulled over for speeding. Behind the wheel, George Zimmerman.

UNIDENTIFIED MALE: Nowhere in particular. Why you say that? Stopping you for your speed.

BERMAN: Zimmerman informs the officer of the concealed weapon he keeps in the glove box.

UNIDENTIFIED MALE: Shut your glove compartment and don't play with your firearm, ok?

BERMAN: After the incident Zimmerman's brother, Robert, tweeted about the reason George carries a weapon.

"Our family receives many death threats. We all continue to take our security seriously and to ensure our safety in accordance with the law."

PAUL CALLAN, CNN LEGAL ANALYST: Texas is a gun friendly state. They are very warm to the second amendment. Frankly, if he is going to continue carrying a gun he picked a state where he is not likely to get in trouble for mere possession.

BERMAN: Zimmerman continues to be in the public eye. He made headlines after helping a family of four in an overturned vehicle on this road in Sanford, Florida just days after he was found not guilty. The family involved shying away from the media spotlight.

MARK O'MARA, ATTORNEY: Those who want to believe it was staged, they can go right ahead and believe that.

BERMAN: As for the traffic stop in Texas, the officer let Zimmerman off easy.


BERMAN: We don't know where Zimmerman is now. We also don't know why he was in Texas or if he is still there.

BOLDUAN: Thanks so much, John.

Coming up next on NEW DAY police shot an unarmed man in his own driveway in his own car. Both sides telling very different stories about what happened and the question demands very serious answers. We're going to be talking with the sheriff coming up live.

CUOMO: And you know how you are like I have to get this flight, what a great price. It is going to be so good. It is almost too good to be true. Too often it is. What you need to know before you book your next trip.