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Amanda Knox Convicted Again In Italy for Murder; Russia Prepares for Sochi Olympics; President Gives Interview to CNN Anchor; Super Bowl Forecast; Eli Manning Accused of Faking Merchandise; Amanda Knox's Lawyer Vows to Appeal

Aired January 31, 2014 - 07:00   ET


CHRIS CUOMO, CNN ANCHOR: The interview you can only see here.

KATE BOLDUAN, CNN ANCHOR: Double jeopardy. Amanda Knox convicted again of murder in Italy, giving her strongest statement yet on whether she'll ever go back. But will the U.S. government have something to say about that? Her lawyer joins us live.

JOHN BERMAN, CNN ANCHOR: Quarterback sneak. Was Giant's QB Eli Manning selling fake jerseys and helmets, claiming he wore them during big games? Was he selling these to collectors? The shocking lawsuit, and just days ahead of his brother's big Super Bowl moment.

CUOMO: Your NEW DAY starts right now.

UNIDENTIFIED MALE: This is NEW DAY with Chris Cuomo, Kate Bolduan, and Michaela Pereira.

BOLDUAN: Good morning and welcome back to NEW DAY. It's Friday, January 31, 7:00 in the east. I am Kate Bolduan. Of course, Chris Cuomo is on his way to Dennis Rodman's rehab facility right now for a live exclusive interview. He will be joining us later this morning with that.

BERMAN: And I'm John Berman in for Michaela this morning. We will get more of the exclusive interview with the president as well. But first a quick check of all the news that broke overnight, and there's a lot.

BOLDUAN: A lot of news breaking overnight. In Atlanta the ice is starting to melt after this week's storm as abandoned cars are finally removed from the roads. And also, now Georgia's governor is taking responsibility. CNN's George Howell is live in Atlanta with the very latest. Good morning, George.

GEORGE HOWELL, CNN CORRESPONDENT: Kate, good morning. Just a few days away, it was a game of finger pointing and blame shifting. But now we're hearing a different tone from out state's top politician, Governor Nathan Deal, apologizing to residents here in the state of Georgia for not acting soon enough. And when you consider the state of Atlanta, the home of the world's biggest airport, and you see the commuter traffic here and the home of CNN's world headquarters, a lot happens here. The governor promises to make sure the city functions in the future. Also when it comes to the roadways, the 2,000 plus cars that were abandoned on the side of the roads, they have been removed. And the governor has extended that state of emergency now through Sunday to help people who need that extra help.

BERMAN: Thanks to George Howell.

Attorneys for Amanda Knox plan to appeal after an Italian court reinstated her murder conviction and extended her prison sentence. CNN's Erin McLaughlin live in Florence, Italy, this morning. What's the latest, Erin?

ERIN MCLAUGHLIN, CNN INTERNATIONAL CORRESPONDENT: Hi, John. Well, the victim, Meredith Kercher's brother and sister, speaking out this morning, saying that nothing will bring Meredith back, but adding that they would support Amanda Knox's extradition from the United States if it came to that. Their attorney has long argued for this condition. Meanwhile, Raffaele Sollecito has been detained by police in northern Italy. He was found at a hotel near the Austrian and Slovenian border at 1:00 a.m. in the morning. He was followed by police on court orders to seize his travel documents. He insists that he was not on the run.

BOLDUAN: Erin, thank you so much. We have much more on that coming up.

And one week until the winter games and team USA is arriving in Sochi ready to win, this as Russia insists the games will be safe. CNN's Ivan Watson is live Sochi for us this morning. Good morning, Ivan.

IVAN WATSON, CNN INTERNATIONAL CORRESPONDENT: Good morning, Kate. Russian authorities say they arrested two brothers that they suspect of being accomplices in last month's twin suicide bombings of the Russian city of Volgograd, which is several hundred miles north of Sochi where the winter Olympics will be held.

Meanwhile, a week after the Olympics we're watching the Russian so- called ring of steel tighten up around the Olympic venues, really fortified places with gates, walls, fences, walls of metal detectors and tens of thousands of police and soldiers. U.S. counterterrorism officials say they think these Olympic venues will be very safe. The bigger concern they say are softer targets like the city of Sochi, the port of Sochi, which is half an hour's drive from the Olympic venue. You can't wall off an entire city. And this is where a senior U.S. counterterrorism official says there is, quote, "substantial potential for a terrorist attack." Back to you, John.

BERMAN: Ivan Watson in Sochi, thank you very much.

Developing news this morning. North Korea says it does not plan to release American Kenneth Bae any time soon. In fact, the country's ambassador to the United Kingdom is saying that Bae will not be pardoned or released before he completes his 15-year sentence of hard labor. Bae was leading a Christian tour group in North Korea when he was arrested back in 2012 and jailed for so called anti-government acts.

BOLDUAN: And yet another hack attack to tell you about. Yahoo! says their user names and passwords were stolen. Yahoo! Mail has more than 80 million U.S. customers alone. They're working with law enforcement to investigate the attack. Yahoo! says the hackers got the information from a third party database.

BERMAN: We turn now to something you will only see on CNN, CNN's exclusive interview with President Obama. This is the president's first interview since the State of the Union address. And he sat down with our very own Jake Tapper. The commander in chief talked about a lot of interesting subjects, key issues facing Americans, including whether the NSA has gone too far, and should the federal government be policing people now for smoking pot. We're lucky to have the anchor of "The Lead" Jake Tapper with us here this morning.

JAKE TAPPER, CNN ANCHOR: What's interesting, John, is the president gave an interview to the "New Yorker's" David Remnick a few weeks ago in which he made those comments that surprised a lot of people about marijuana, saying he thought it was a bad habit, saying he didn't think it was any more dangerous than alcohol. This really contradicts official Obama administration policy. If you go to the White House website --

BOLDUAN: Directly contradicts.

TAPPER: Yes. Marijuana is a schedule one narcotic alongside heroin and ecstasy. So the more casual way he talked about it surprised a lot people. That's where I picked up this part of the interview.


TAPPER: Another big issue in this country right now has to do with the legalization of marijuana. You gave an interview to the "New Yorker's" David Remnick and you said that you thought smoking pot was a bad habit but you didn't think it was any worse for a person than drinking. Now that contradicts the official Obama administration policy both on the website of the Office of National Drug Control policy, and also the fact that marijuana is considered a schedule one narcotic along with heroin and ecstasy. Do you think you were maybe talking just a little too casually about it in the "New Yorker," are you considering not making marijuana a schedule one narcotic?

BARACK OBAMA, (D) PRESIDENT OF THE UNITED STATES: First of all, what is and isn't a schedule 1 narcotic is a job for Congress.

TAPPER: I think it's the DEA.

OBAMA: It's not something by ourselves that we start changing. There are laws under those determinations.

TAPPER: Will you support --

OBAMA: But the broader point, I understand by my belief, based I think on the scientific evidence, that marijuana for casual users, individual users, is subject to abuse just like alcohol is, and should be treated as a public health problem and challenge.

But as I said in the interview, my concern is when you end up having very heavy criminal penalties for individual users that have been applied unevenly and, in some cases, with a racial disparity. I think that is a problem.

Over the long term, what I believe is if we can deal with some of the criminal penalty issues, then we can really tackle what is a problem not just for marijuana but also alcohol, also cigarettes, also harder drugs, and that is try to make sure that our kids don't get -- don't get into these habits in the first place. And, you know, the incarceration model that we've taken, particularly around marijuana, does not seem to have produced the kind of results that we've set.

But I do offer a cautionary note and I said this in the interview, those who think legalization is a panacea, I think they have to ask themselves some tough questions too, because if we start having a situation where big corporations with a lot of resources and distribution and marketing arms are suddenly going out there peddling marijuana, then the levels of abuse that may take place are going to be higher.

TAPPER: When your director of national intelligence, General James Clapper, testified before Congress and said before the Snowden leaks that there was no mass surveillance going on, a lot of Democrats in the Senate think that he was not honest. He said later that it was the least untruthful answer he could give. I know that you have faith in Clapper. I know that you believe that these programs protect the American people. But I can't believe that you weren't disappointed by his answer because "least untruthful" is not a phrase I remember hearing on the campaign trail.

OBAMA: The -- I think that Jim Clapper himself would acknowledge and has acknowledged that he should have been more careful about how he responded. His concern was that he had a classified program that he couldn't talk about, and he was in open hearing in which he was asked, he was prompted to disclose a program, and so he felt that he was caught between a rock and a hard place.

TAPPER: Do you understand what he did?

OBAMA: Subsequently I think he acknowledged that he could have handled it better. He's spoken to Mr. Wyden personally. I think the broader point is that everybody that I've dealt with in our intelligence community is really working hard to try to do a very tough job, protect us when there are constant threat streams coming at us, but doing so in a way that's consistent with the law and consistent with our constitution and consistent with our privacy rights.

I am actually confident that we can continue to have the best intelligence service in the world, but win back the confidence of both the American people and folks overseas. But it's going to take some time and some work, partly because the technology has just moved so quickly that the discussions that need to be had didn't happen fast enough, didn't happen on the front end. And, you know, I think that we have the opportunity now to move forward in a way that's going to make a difference. TAPPER: A lot of members of Congress, and not just the fringe ones, the ones who actually are serious lawmakers, have said to CNN that they would not let their family members go to Sochi, that they are not confident they will be safe. You see all the intelligence. I know you're not going and I know that Michelle and Sasha and Malia are not going. But if close friends of yours or close friends of the girls said, hey, we're thinking about going, what would you tell them?

OBAMA: I'd tell them that I believe Sochi is safe, and that there are always some risks in these large international gatherings. I'm always going to feel even better if it's inside the United States because then we have full control over what happens. But the Russian authorities understand the stakes here. They understand there are potential threats that are out there. And we are coordinating with them. We've looked at their plans. I think we have a good sense of the security of that they're putting in place to protect the athletes themselves but also visitors there.

So what I would say is, is that if you want to go to the Olympics, you should go to the Olympics. We're not discouraging in any way Americans from participating in what is always an amazing and wonderful event. In these large settings like this, there are always some risks involved. And I don't want to completely discount those. But as we've seen here in the United States, the Boston Marathon, there were some risks if you have lone wolfs or small cells of folks who are trying to do some damage.

TAPPER: Thank you for your time.

OBAMA: Thank you.

TAPPER: I really appreciate it.

OBAMA: Appreciate it.


TAPPER: Believe it or not, there is still some of this interview that has not aired. You can watch the full interview today on "The Lead" at 4:00 p.m. eastern. We talked at length about an issue that I've covered a lot, obviously, Afghanistan, and Sergeant First Class Cory Remsberg, an amazing moment for the State of the Union, very moving. We talked about Afghanistan, and then of course I did make him choose between Biden versus Hillary or Broncos versus Seahawks.

BOLDUAN: You twisted his arm? I'm wondering which one did he decide. We'll see.

BERMAN: It's so interesting listening to the president talk about the NSA right now and James Clapper, because on the issue of privacy and intelligence, there's no question that his position has changed from when he was candidate Obama. But listening to him articulate it, it doesn't seem there's a lot of clarity if that. He doesn't seem to be able to get it out.

BOLDUAN: Where the line is. TAPPER: You know what's really interesting, so I ask him about Clapper doing what a lot of people would just straight out say, lying to congress. He said something that wasn't true. And Clapper himself, the director of national intelligence, said that when he was asked about these massive surveillance programs on the American people before Edward Snowden leaked their existence to the world, Clapper said he gave the least untruthful answer he could. I said to the president, I don't recall least untruthful from the campaign trail. The president defended clapper.

BOLDUAN: He has to, though.

TAPPER: I understand that, but he went on to say that he wanted the NSA to be more transparent and the like, but that was the first time I've heard somebody in the administration say he was being asked about classified programs in an open congressional hearing, basically excusing it.

BOLDUAN: If he was a senator, he would have had a very different opinion. Why do you think he struggles so much? It's the difference from looking at these programs from the outside than in?

TAPPER: I think that's right. And I think there is a moment in my understanding -- I talked to a lot of people who worked for many presidential candidates about this, but certainly Obama people. The moment you become the nominee, the moment you starting getting the presidential daily briefings about the terrorist threats and other threats in the United States, and then the moment you become president and you are all of a sudden responsible for the safety of 320 million Americans or whatever the number is now, it does change your perspective.

And perhaps it allows people to rethink their positions on principles that they previously held dear when it comes to civil liberties, civil rights, or at least grapple with them much more. It's not as black and white, perhaps. That's the explanation I have. I'm not excusing it, but that's the explanation.

BOLDUAN: The American people do want to know that line because the trust has been broken since all of these leaks have come at.

TAPPER: I just thought it was interesting because he clearly -- he defended Clapper.


TAPPER: He defended him.

BERMAN: It's a great interview, Jake. A lot in there.

BOLDUAN: And a lot more to come, Jake Tapper. Great to see you. Thanks for coming on.

TAPPER: Thanks, Kate. Thanks, John. Tell Chris I said hi.

BOLDUAN: We will, but he's busy. Let's get over to meteorologist Indra Petersons for a look at the forecast. So what does the weekend look like for the all important game?

INDRA PETERSONS, METEOROLOGIST: Yeah, we definitely know there's some storms in the Midwest. So the question is, what is this going to mean for the Super Bowl?

I mean, take a look, I mean, Chicago by tomorrow could see six to 10 inches of snow. So let's talk about it. A lot of people in town probably have this little game called the Super Bowl. Today, not bad. A little on the cool side, but warmer than yesterday.

But by late Saturday, we start to see some rain showers still kind of making their way in through Sunday. We could see some scattered showers in through Sunday morning. For now, game time looks good.

But another system potentially Sunday night through Monday, look at the temperature drop, huge temperature drop there, could mean snow for Monday. So if you're going to the game, you're watching the game, you want to know what that weather is, 40 degrees at kickoff time. Right now, right at that freezing line with what it feels like, 33 degrees. And definitely some windy conditions will be out there.

Why is this not a perfect forecast? Let me show you what we look at. Notice here we are. Look at these systems kind of making their way through. It's so close here on Sunday that we talk about a chance for showers. That is one model.

A second system now Sunday in through Monday -- look at this -- really shows the potential for another bulls eye to be kind of right off the coast for Monday morning. So we're behind one and before another, so that's the best we can do right now. Light scattered showers before and after the game, guys.

BOLDUAN: So timing here's going to be very important. Indra, thank you so much.

All right, let's take a break. Coming up next on NEW DAY, more legal turmoil for Amanda Knox after another guilty verdict in Italy. What are the chances she will be extradited? We're going to be joined by her American attorney for what's next coming up.

BERMAN: And while Peyton Manning prepares to fend off the Seattle defense, younger brother Eli is fending off some serious legal accusations. Did he help sell fake memorabilia for a profit? We'll hear what the quarterback has to say.


BERMAN: Welcome back to NEW DAY, everyone. Two Manning brothers, two very different Super Bowl weekend. Peyton, starting for the Broncos this Sunday. Eli, facing a new lawsuit alleging fraud. Now this claims that Manning and the Giants sold fake memorabilia, ordinary jerseys and helmets that they passed off as game-used items. But the Giants quarterback, he's firing back. Andy Scholes is on Super Bowl Boulevard in Times Square with the latest on this. Andy?

ANDY SCHOLES, CNN CORRESPONDENT: Hey, John. You know if you're holding onto any sports memorabilia that's labeled game-used, this is something you definitely don't want to hear.

A sports collector in New Jersey is alleging that the Giants from the dry cleaner all the way to Eli Manning were a part of a scam passing off regular items as game-used, and he alleges that they've been doing this for years.


SCHOLES (voice-over): While big brother, Peyton, gets ready for the Super Bowl, Eli Manning is tackling a legal battle, fighting back against allegations that several of his jerseys and helmets were doctored to appear game-used to fool fans and be sold to collectors.

Memorabilia dealer Eric Inselberg filed a lawsuit claiming the Giants quarterback participated in the ruse so that he could hold onto some of his most prized game-worn items. One of the alleged fakes is Manning's 2008 Super Bowl helmet, which is currently on display at the pro football hall of fame.

Manning denied any wrong doing in a statement saying, "The Giants told me this suit is completely without merit, and I have no reason to believe otherwise. The Giants are going to fight it, and so will I."

UNIDENTIFIED MALE: My advice would be to have the collectors do their own research, try to do their video and photo matching, buy from reputable places.

SCHOLES: In the lawsuit, Inselberg, a life-long Giants fan, claims he was buying and reselling memorabilia from the team for decades. In 2011 he was federally indicted for memorabilia fraud. The charges were ultimately dropped in 2013.

In a statement, his attorney said, "Mr. Inselberg is simply trying to hold those individuals accountable for their actions and the harm it has caused to him."

Included in the lawsuit, is an e-mail exchange between Inselberg and a Giants equipment manager, in which they appear to acknowledge creating fake game-worn gear at Eli's request.

UNIDENTIFIED MALE: If that e-mail is legit, then certainly you could argue that that's a smoking gun. Because now you have someone with knowledge that there's conspiracy to the fraud and to pawn off equipment that is really not legit.

SCHOLES: With the Super Bowl now just two days away, these aren't the type of questions Eli's brother, Peyton, wanted to answer.

REPORTER: There was a question that Eli is involved in a lawsuit that alleges that he was involved in fake memorabilia, forgeries. Do you have a comment or reaction to that?



SCHOLES (on-camera): So the lawsuit is 77 pages long. It names not only Eli as a defendant, but the Giants, the team president, the equipment managers. And guys, you know, this is definitely not the type of attention that Eli or the Giants, who are the host team for this Super Bowl wanted during this week's festivities.

BOLDUAN: Yeah, you know they want the attention to go quickly back into the big game coming up this weekend. But this will be lingering for a while, it sounds like.

BERMAN: Yeah, Peyton didn't look happy at all to get that question.


BOLDUAN: All right. Thanks, Andy. Thank you so much.

We'll take another break. Coming up next, Amanda Knox convicted once again, sentenced to 28 1/2 years. So what's next? We're going to speak with her attorney here in the U.S coming up.

BERMAN; And just an unbelievable failure to act with deadly consequences. Why did firefighters refuse to help a man in distress just steps away from their fire house? That's ahead.


BOLDUAN: Welcome back to NEW DAY. Amanda Knox's lawyers are vowing to appeal her stunning murder conviction this morning. She was found guilty once again in the murder of her roommate and sentenced to 28 1/2 years in prison by an Italian court. Knox remained in America throughout the trial. Of course there are questions if she could be forced to return to Italy if the conviction is upheld.

But let's talk about really what's next and how the Knox family is reacting. Joining us now, someone who has been very close in contact with Amanda Knox, her attorney, her lawyer here in the U.S., Ted Simon.

Ted, thank you so much for coming in. I can only imagine how much of a whirlwind it has been in the last 24 hours and the last few weeks. So thank you for taking the time.

TED SIMON, AMANDA KNOX'S LAWYER: You're welcome and good morning to you, Kate.

BOLDUAN: Good morning. So I know that you had been in communication with Amanda throughout the day yesterday. Have you had a chance to speak with her and get her reaction, her family's reaction since the verdict?

SIMON: True. We were in touch constantly all day yesterday, and of course also with her family in waiting and anticipation of this next verdict. I can tell you that upon receiving the news, it was terrible news.

She understands more than anyone that a wrongful conviction is unjust not just for the accused, but for the victim, their family, as well as society. So she feels this very personally.

But while she accepted that very difficult news, she has rebounded. She has shown great resilience and fortitude. And with a great deal of family support, they're going to go forward and appeal what we would characterize as a completely unjust conviction.

I know you're familiar with this case. And I know you understand she was previously found innocence --


SIMON: -- by a jury, not that she was found not guilty. She was found actually innocent, a verdict that is possible in Italy. Yet, there was no evidence then, and there's no evidence now.

So that's why it becomes so incomprehensible how could there be a different verdict where there's no new or any differing evidence? In fact, it is even more favorable today than it was before.

BOLDUAN: I do want to get to the "what next", but real quick, kind of on where -- what this does to her.