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NEW DAY

"The Bullet Didn't Go Through"; Report: NSA Targeted Yahoo, Google; New Video Released In Mystery Death; One On One With Vice President Biden; Lagerfeld Lawsuit

Aired October 31, 2013 - 07:30   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


MICHAELA PEREIRA, CNN ANCHOR: Talk about save by the cell. Newly released surveillance video show the moment a store clerk was shot by a gunman and his cell phone saved his life. Plus the 911 call reveals how his co-worker could believe what was going on.

(BEGIN VIDEOTAPE)

PEREIRA (voice-over): Watch as an armed man attempting to rob a gas station in Winter Garden, Florida, pulls out a revolver aiming in at the clerk behind the store's counter when the clerk is unable to open the safe, the robber chillingly pulls the trigger before walking out. The clerk's shaken co-worker calls for help in this just released 911 call.

UNIDENTIFIED CLERK: My God. I'm sorry.

UNIDENTIFIED DISPATCHER: It's OK. What kind of injuries does your -- it's OK. We have officers on the way.

PEREIRA: Miraculously, though, the clerk's cell phone is in the right place at the right time. The smartphone in the clerk's chest pocket absorbs the impact of the bullet. It's glass shattering. The bullet lodged inside leaving the man virtually unharmed.

UNIDENTIFIED CLERK: My partner was, he was hit. I think it hit his phone, but he was hit. He was injured.

UNIDENTIFIED DISPATCHER: OK. Where is he now?

UNIDENTIFIED CLERK: He's standing up. The bullet didn't go through, but it hit him.

PEREIRA: Seen here checking himself for injuries, the man confirms the incredible fact. His well-placed cell phone saved his life.

LT. SCOTT ALLEN, WINTER GARDEN POLICE DEPARTMENT: The clerk said I feel like my chest hurts. They start looking at the clerk. That's when they realized that the guy shot at him, hit him, struck his cell phone and the cell phone stopped the bullet.

(END VIDEOTAPE)

PEREIRA: I mean, unbelievable. Authorities say that robber is still on the loose. They're not telling us the names of the clerk who was saved by that little piece of technology, an important piece and well placed piece of technology that was casually thrown into a shirt pocket. I'll bet he'll be carrying it there forever now.

KATE BOLDUAN, CNN ANCHOR: Good point.

PEREIRA: It's probably like --

CHRIS CUOMO, CNN ANCHOR: The best reason to carry a smartphone, lucky for him.

BOLDUAN: Thanks, Michaela. You're welcome, guys. All right, so the NSA fighting back against more accusations that it was spying on millions of people on the internet and tapping into the data bases of Yahoo! and Google. It's what the agency isn't denying that's drawing a lot of attention. CNN's chief national security correspondent, Jim Sciutto is in Washington. A lot of double negatives we're talking about here. What do we know?

JIM SCIUTTO, CNN CHIEF NATIONAL SECURITY CORRESPONDENT: No question. We've been back and forth through the NSA. It is interesting to hear their defense because they're denying that they spy on the servers of Yahoo and Google, but not on the links between those servers. Picture cables under the ocean carrying billions of bits of data.

Now the agency will argue and others that is their job, to spy on foreign targets overseas, but there is another way the NSA has expanded its global reach. It's all been revealed by an interesting document stolen by Snowden.

(BEGIN VIDEOTAPE)

SCIUTTO (voice-over): Explain in this simple hand sketched drawing, complete with a smiley face, may be a newly disclosed way the NSA is monitoring the internet. "The Washington Post" citing documents stolen and released by Edward Snowden reports the intelligence agency has tapped into the communications link such as undersea cables connecting Yahoo! and Google data centers around the world. And because those links are overseas they can do without any oversight from the U.S. government. The NSA chief delivered a partial denial.

GENERAL KEITH ALEXANDER, DIRECTOR, NATIONAL SECURITY AGENCY: This is not NSA breaking into any databases. It would be illegal for us to do that.

SCIUTTO: As did a written statement from the NSA to CNN saying, "The assertion that we collect vast quantities of U.S. persons' data from this type of collection is not true." But the NSA did not deny it accesses links between the service or communications of foreigners carried on those links. Reaction from Google and Yahoo! was swift and angry.

We have long been concerned about the possibility of this kind of snooping said Google, which is why we've continued to extend encryption across more and more Google services and links. Yahoo! said we have not given access to the NSA or any other government agency. Two European delegations upset at allegations of NSA surveillance in their countries met face to face with the White House and the NSA chief, who told them all NSA intel gathering in Europe is done in collaboration with European intel agencies. So I asked them does that make the Europeans hypocritical for criticizing the U.S.?

CLAUDE MORAES, CHAIR OF EUROPEAN PARLIAMENT CIVIL LIBERTIES COMMITTEE DELEGATION: If we want to get to the truth of why there was mass surveillance. We have a set of allegations that talked about mass surveillance of our citizens.

SCIUTTO: By Americans and Europeans.

MORAES: Whoever it was. Whatever partnerships there may have been whoever it was we want to get to the truth of it.

(END VIDEOTAPE)

SCIUTTO: That E.U. delegation and the delegation from Germany were both in the White House yesterday to talk spying. The White House telling me they talked about, quote, "how the dialogue can best proceed in order to provide the necessary assurance and strengthen our cooperation.' The White House is putting the best spin on it. But we know the Europeans are looking for an agreement that sets clear rules and limits on what allies spy on and what they don't, Kate and Chris. What they really don't want to happen is spying on their leaders.

CHRIS CUOMO, CNN ANCHOR: Jim, it's important you're asking the questions on both sides. We appreciate that. Thanks for being on NEW DAY this morning.

SCIUTTO: Thank you.

CUOMO: All right, now to a big victory for a grieving Georgia family. Remember the 17-year-old found dead inside a gym mat at his high school? That was their son. It was ruled an accident. They say it was murder. A judge ordered the release of school surveillance tapes. Today federal prosecutors plan to make their own announcement about the case. What could it be?

CNN's Victor Blackwell has been following the story for month. He is in Macon, Georgia this morning. Good morning, Victor. What do you think the latest is here?

VICTOR BLACKWELL, CNN CORRESPONDENT: Chris, good morning. We're at the midpoint now of a really crucial 24-hour period for the family of Kendrick Johnson. On the front end that decision in Valdosta by the judge to release the full case file meaning all of the investigative leads, and everyone they interviewed for five months, trying to figure out exactly how Kendrick Johnson died. That's one element.

The second element of that is the release of the surveillance video in and around the gym where Kendrick Johnson was found dead in January. Up to 48 hours from 40 cameras, so we're talking close to 2,000 hours of surveillance video and we're getting our first few glimpses of what is being released. It's video showing Kendrick Johnson run into the gym at 1:09 p.m., just minutes before investigators say he got trapped in the mat reaching for a shoe and died. Now we blurred the other students playing basketball.

What we do not see on the other angles is what happens near those mats. So that was the front end of this crucial period. The back end is an announcement today at 1:00 p.m. Eastern from the U.S. attorney whether or not the Department of Justice will investigate this crime -- Chris.

CUOMO: All right, key question is do they have a camera that shows the other part of that gym?

BLACKWELL: You know what, we talked to the attorneys for the family, and they say of this 2,000 hours from angles in and around the gym, they do not expect to see the moment at which Kendrick Johnson goes into the mat. Whether or not he slipped in as investigators say reaching for his shoe or if it happened the way his parents and attorneys believe, that he was killed, rolled in that mat and placed into the corner.

CUOMO: The key, of course, clarity and the investigative process. That's why it must all come out so people can feel confident in the conclusion. Victor, thank you for staying on the story. We will as well.

BOLDUAN: Coming up next on NEW DAY, Vice President Joe Biden talking in an exclusive interview. His apology on Obamacare plus his work on another important issue he's championed for years. You may not know about it, fighting domestic abuse.

CUOMO: And plus size legal battle, fashion designer, Karl Lagerfeld says curvy women will never grace his runway. So is that just the fashion or is it discrimination?

(COMMERCIAL BREAK)

INDRA PETERSONS, AMS METEOROLOGIST: We have a big winter storm that's expected to affect many of you anywhere from the plains really all the way to the northeast. Let's take a look at the video from Colorado, the mountains yesterday. We have a lot of energy with this because we have that cold winter storm. We have flooding in through Texas, even as much as 13 inches of rain has fallen and flash flooding is occurring in the area and then we have seen hail through Nebraska and Kansas.

All of this is out there. It's combing and making its way across the country again. You can see from the plains going all the way to the northeast. This will affect so many of you for Halloween. In fact there is a severe weather threat out there as well, stretching from Detroit down through Houston that means 53 million of you are under the gun for severe weather.

Huge metropolitan cities, again, can be affected. What is going on? We showed you the snow. There's cold, dry air. The system is moving into unusual for this time of year. Look at the humidity and moisture that's been coming out of the south. You get the two air masses colliding, which you typically will see in the springtime.

Another look at that moisture that's atypical for this time of year. That's the reason for the severe weather threat out there today. We also have an isolated tornado is even possible tonight right on Halloween. Heavy rain still in the forecast, 3 inches to 5 inches possible through the south, Ohio Valley, another 1 inch to 2 inches is still possible.

But the real thing is you are going to notice especially around the lakes are going to be very strong winds picking up. We're talking anywhere as high as 50 to 60 mile per hour winds will be out there this evening. That rain spreads to the northeast. By tomorrow we'll be talking about strong winds into the northeast and heavy rain there as well -- Kate.

BOLDUAN: All right, Indra, thank you so much.

October is domestic violence awareness month. I hope you know that. Vice President Joe Biden is keeping it in the news. He toured the headquarters of the national domestic violence hot line which he helped create. There with him, HLN's Christi Paul, who spoke exclusively with the vice president about this issue and many more.

Christi, you wrote a book on this very subject called "love isn't supposed to hurt" based on your own experience as a victim.

CHRISTI PAUL, CNN CORRESPONDENT: Yes, I did. In all transparency, I need to point out that book came out about a year ago and part of the proceeds do go to the national domestic violence hot line. I wanted to be real transparent about that. But Joe Biden, whatever side of the fence you sit on politically with him. The one thing is people respect the fact that he tells it like it is.

This is not just a publicity stunt for him. He wrote the violence against women act and this is a true passion that he told me is the most important work of his life.

(BEGIN VIDEOTAPE)

PAUL: Was there a particular story, somebody that you knew that made you say I got to fight for this?

JOE BIDEN, VICE PRESIDENT OF THE UNITED STATES OF AMERICA: My dad used to say the ultimate sin is the abuse of power and the ultimate abuse of power is a man raising his hand to a woman. We were raised that if you see it, you have an obligation to do something about it. How are you doing?

PAUL (voice-over): Vice President Biden greeted workers at the national domestic violence hot line in Austin celebrating its 3 millionth call since it was founded in 1996. As a senator in the mid- '90s, Biden drafted the violence against women act which provides financial support to domestic violence victims. And the hot line which would not exist without the act is announcing a new online chat option that will be available. He says a crucial step in ending violence is to stop blaming the victims.

BIDEN: The reason I wrote the violence against women act in the beginning was to change that cultural norm. No means no means no. Young women would testify before us and say -- they'd say that happened to me. I'd ask the question, what was the response of your girlfriends? Why were you wearing what you were wearing?

PAUL (on camera): How do we change that?

BIDEN: The way to change that is begin to educate the public. For example, what I say to men, if a man gets drunk in a bar and he's just dead drunk. He staggers out of the bar walking down the street, he gets mugged and a concussion. Does anybody blame him? No, they don't. They blame who they should, the robber, the mugger.

PAUL (voice-over): He says while the process of filing charges against abusers has improved, there's still so much that needs to be done.

BIDEN: They have to have training for their police to teach them, acculturate them about what this is about. It's all about changing the norm.

PAUL (on camera): Changing the mindset.

BIDEN: Violence against women, reporting is up and violence is down about 60 percent. So we can do this.

(END VIDEOTAPE)

PAUL: And this is so important to the folks there at the national domestic violence hot line. I don't know if you recognize that these people, these advocates take these calls and it is so gruelling, they've actually -- I was talking to them yesterday -- they have had people commit suicide while they're on the line.

This is really so prolific and the fact that somebody like the vice president and a strong man like himself is taking up this cause and has been doing so for so long. It just speaks volumes to the fact that we need to do more and he is at the head of the pack for that -- Kate and Chris.

BOLDUAN: It's a great interview. I think you deserve some applause as well for speaking out and telling your story to raise awareness on this issue.

PAUL: Thank you.

BOLDUAN: Thank you so much.

PAUL: Appreciate that.

BOLDUAN: Of course, great to see you.

PAUL: Thanks, Kate. Thanks, Chris. CUOMO: Christi has been brave about it and she always say it's not about how far you go about this, but how far you still have to go. That's why we make it an awareness month.

We'll take a break on NEW DAY. When we come back, the crazy all-night long celebrations up in Boston, we all love the Sox. And Rachel Nichols is speaking with the man, Mr. October himself, big Papi, David Ortiz.

BOLDUAN: But first, a battle brewing between a fashion icon and curvy women everywhere. What he said and why he may pay the price. A plus sized model, Emme, joining us, lots to talk about here.

(COMMERCIAL BREAK)

PEREIRA: Welcome back to NEW DAY. A famous fashion designer says no one wants to see curvy women. Who said it? Carl Lagerfeld, head designer and creative director for the fashion house Chanel, but now a group of French women, French women are fighting back with a lawsuit.

Nischelle Turner is here and joining us, Emme, supermodel and body image advocate. She wrote the forward to the book, "Age to Perfection, How to Thrive to 100 Happy and Healthy Lives." This is a discussion to have. Nischelle, break it down. What is happening here? You can't just charge and file a lawsuit if somebody says mean things

NISCHELLE TURNER, CNN ENTERTAINMENT CORRESPONDENT: These ladies did because they said that Carl Lagerfeld is known for saying outrageous things. He is known for always talking about how everyone wants to look like a model. Everyone wants to be skinny and he is known for kind of calling out and saying regular women who most of us are, are not the ideal size. His latest thing is where he said no one wants to see curvy women. No one wants to see them on the catwalk.

PEREIRA: I love this. Choke a little bit.

TURNER: This group of women, I won't try to say the name of the group in French, but in English it translates to beautiful, round, sexy and I'm OK with it. That's their group's name. He said these defamatory and derogatory statements and they're not going to stand for it anymore because they feel like that it is showing little girls everywhere that their bodies and who they are is not right.

PEREIRA: So Emme, people taking a stand something many people believe for a long time. What do you make of this especially French women taking a stand?

EMME, SUPERMODEL: Michaela, I love hearing how French women of taking a stand where fashion is, where fashion is, where it's really the, this cornerstone of all of our lives. Women in Korea, women in Italy, women in Brazil, women in America are starting to use their voice on social media for these issues around body and a round, wait a minute, you can't say this to me. This does not make me feel good. It's not just women who are round. It's women in general. Mothers, aunts, grandparents and women who are curvy who are like you can't bully me anymore. No more. That's it.

BOLDUAN: And as you said he's known to say outrageous things. That's not an excuse for the comments. Does this also get to the point that we shouldn't be taking the lead from a fashion designer maybe on how we should feel about ourselves?

EMME: Exactly. That's a really, really good point. You got to seek the source. He lives his life the way he does so let's just keep his comments at a low roar.

PEREIRA: Don't he you think that's interesting, Karl Lagerfeld used to be a hefty fellow, over 200 pounds and lost an extreme amount of weight and he said fashion was an inspiration to live a healthier life and get thin.

TURNER: A group of women it's because of his cache that we are holding him accountable because there are people like him -- little girls listen to what these fashion designers say so we need to hold him accountable.

CUOMO: I'm raising two daughters.

EMME: How old are they?

CUOMO: Ten and 3-1/2 going on 27, and you know, we often hear the thing -- the expression women dress for other women, women are other women's harshest critics. Try to make Lagerfeld as irrelevant as you can as quickly as possible. You want to separate that out. When you get into nomenclature like a plus size model you're a model, a beautiful woman. That should be it --

PEREIRA: Thank you, amen.

CUOMO: When I watch my daughter 10 years old and she is beautiful.

PEREIRA: She's walking into these times right now.

CUOMO: I see her looking at what other women have on and there has to be an empower women. I went to the Giorgio Armani, Italian, love Armani. My mother spent the whole night looking at the women in the dresses going what is wrong with her? What is wrong with her? My mother takes the time to look at the girls, you look beautiful. Know that about yourself. That's got to be in there, too. Forget about him. Cut out the dumb statements. Worry about empowering yourselves, you know?

EMME: The one point that really hitting it home time and time again is the diversity of beauty.

TURNER: Absolutely.

EMME: That what you see in the magazine.

CUOMO: At this table.

PEREIRA: Yes, look at us! Sure. BOLDUAN: Four fingers and the thumb, button the thumb.

EMME: Diversity we have to embrace that and when you look at a cover of a magazine or an image that you see on a billboard, tell your kids that the eyes have been redone, the neck elongated, the body, everything's been redone to be this kind of image that's not a real image.

TURNER: I have a face full of makeup.

PEREIRA: Emme, we appreciate you coming in to discuss this very important matter. Follow her on Twitter. Nischelle, we love when you come in and brighten up our set as always.

BOLDUAN: Coming up next on NEW DAY the emotional testimony from the daughters of a former Utah daughter accused of giving his wife a deadly dose of pills so he could be with his mistress. This is a case you can't really miss.

(COMMERCIAL BREAK)

CUOMO: Even stronger, the Red Sox do it, destroying St. Louis to win the World Series. The celebrations still going on in Boston.