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New Airport Security Concern; Veterans Charity Cheats; Supreme Court Rules in Favor of Hobby Lobby; Israel Strikes Hamas over Teens' Deaths; Police: Mother of Georgia Toddler Also Researched Child Deaths in Hot Cars; About 800 U.S. Troops Now in Iraq; Evacuation Slide Deploys Mid-Flight

Aired June 30, 2014 - 20:00   ET


JOHN BERMAN, CNN ANCHOR: Good evening, John Berman here in for Anderson tonight.

"Keeping Them Honest" big time on a story, a scandal really, your money, money that you thought was going to help wounded veterans, but instead was lining a fundraiser's pockets. Now as a result of our investigation, there is action in this case. Serious action, you'll only see it here.

Also tonight, why you might be facing even tighter security at the airport. Officials now talking about a new vulnerability. We'll talk about what it might be and what is being done about it.

And later, left to die in a hot car, his fathered charged with murder, now another shocker. Police have questioned the mother and have learned some eye-opening information from her.

We begin, though, at the airport and inside the huge intelligence and security operation that has kept us largely safe there since the attacks on September 11th. There have been some close calls, the shoe bomber Richard Reid, the underpants bomber, each trying to exploit blind spots in the system, which is why you take your shoes off at the airport now and go through those full body scanners.

Tonight, though, officials worry there might be a new vulnerability.

Let's get details from Jim Sciutto.


JIM SCIUTTO, CNN CHIEF NATIONAL SECURITY CORRESPONDENT (voice-over): They are Homeland Security's most dreaded threats. Explosive devices hidden in objects from shoes to toothpaste tubes and undetectable by airport security. Now the U.S. is considering new airport security measures due to increased concerns that terrorists from al Qaeda in the Arabian Peninsula or AQAP are developing new bomb designs to fool current security screening.

GEN. PHILIP BREEDLOVE, COMMANDER, U.S. EUROPEAN COMMAND: We remain concerned about the capability of some of these elements to develop weapons that could be thwarted by our current security systems. SCIUTTO: Officials tell CNN there is no imminent threat or plot.

However, an additional vulnerability has been identified which the Department of Homeland Security is currently working to address.

JOSH EARNEST, WHITE HOUSE PRESS SECRETARY: The Department of Homeland Security is regularly reviewing our security procedures to adapt to the threat that we -- that is faced by our transportation system. As advisories are required to adequately inform the traveling public, we'll make those announcements.

SCIUTTO: Representative Peter King discussed the threat on ABC's "This Week."

REP. PETER KING (R), NEW YORK: A number of airports do not have the types of security they should have. But basically we are saying anyone that will be having someone who can fly to the U.S., they have to increase their security. We're going to be pushing it, but overseas airport security is a real concern.

SCIUTTO: This is the man believed to be behind the threat. AQAP master bomb maker Ibrahim al-Asiri. In recent months U.S. officials have warned that Asiri and AQAP terrorists trained under him were improving designs of new explosive devices, such as shoe bombs that could fool screening systems.

The threat has grown all the more severe as chaos in Syria and Iraq has created a safe haven for terror groups to train, plot and recruit Westerners to join their fight.

REP. MIKE ROGER (R), MICHIGAN: Allowing them to pool up in Syria, allowing them to have safe haven the size of Indiana between Syria and Iraq, and I say they, I mean al Qaeda minded individuals, that now have an army. That is as dangerous a time for an al Qaeda threat to the United States as I've ever seen.


BERMAN: All right. Jim Sciutto joins us now.

Jim, what's the scope of these fears? Are we talking about just U.S. airport security or does this involved international airports as well?

SCIUTTO: Well, really both because when you're talking about direct flights into the U.S. your security is only as good as the security at those airports, right? Because that's where the screening takes place, so it'd be something that would be done in conjunction, and we've seen in the past.

You know, this is a particular concern, it has been a concern of counter-terror officials for a number of months now. They know that AQAP is constantly improving these designs. And we've seen this every few months. It was shoe bomb concerns a few months ago. Then it was toothpaste tubes around the Olympics. They are constantly adjusting, they are constantly looking for new intel, and responding to that intel, and I think this is another case of that.

BERMAN: Ever adapting, Jim Sciutto, thank you so much for that.

Now let's get to the results from our exclusive "Keeping Them Honest" investigation on charity fraud. The charity that has been claiming to help disabled veterans is under fire. Forced to restructure its board of directors and the for-profit company behind it. It now faces a precedent setting fine.

If you've watched 360 over the years, you know all about our commitment to America's fighting men and women. You may also know about a charity called the Disabled Veterans National Foundation. They're the outfit that distributed chefs hats and candy and other knickknacks instead of something, you know, actually useful to veterans. Small and somewhat absurd part of the bigger problem here. More than $100 million in donations going into the pockets of private fundraisers instead of helping vets.

Well, tonight the New York state attorney general said enough is enough. And it's really all because of Drew Griffin and producer David Fitzpatrick's reporting dating back to 2010 when they first tried to find out where all your donations had been going.


DREW GRIFFIN, CNN INVESTIGATIVE CORRESPONDENT (on camera): This organization raised $30 million in funds, supposedly to give to the veterans.


BERMAN: That was Drew Griffin back in 2010, standing outside the Washington, D.C., headquarters of the charity, demanding answers to -- about where all the millions of dollars in donations, up until then had gone.

Here he is in Louisiana, knocking on the door of the clarity's president, Priscilla Wilkewitz.


GRIFFIN: Miss Wilkewitz?


GRIFFIN: Nobody's agreed. So here is the question, it's $64 million raised over three years.

WILKEWITZ: Thank you so much.

GRIFFIN: And none of the money has gone to any veterans, ma'am?


BERMAN: And here again, Drew is at a small veterans shelter in Birmingham, Alabama, where some of the donations from the Disabled Veterans National Foundation turned out to be, not money or anything that charity actually needed, but candy.


UNIDENTIFIED MALE: The great thing they sent us was 11,520 bags of coconut M&Ms.


BERMAN: And at each step along the way, officials from the private fundraiser that was taking on all of that money, Quadriga Art, deny that anything was wrong, that the way they took in donations and kept almost every single dime of it was just fine.

Here's CEO Mark Schulhof in 2012 reading a prepared statement.


MARK SCHULHOF, CEO, QUADRIGA ART: This is not making millions off the back of veterans. What this is helping charities do good.


BERMAN: Tonight you will see a very different story.

Here's senior investigative correspondent Drew Griffin with an exclusive report, "Keeping Them Honest."


GRIFFIN (voice-over): It is one of the largest settlements ever recorded by the New York Attorney General's Office for deceptive charitable fundraising. The Disabled Veterans National Foundation's chief private fundraiser Quadriga Art has agreed to pay huge fines, change the way it does business and possibly set a new and much more transparent course for charities across the nation.

Attorney General Eric Schneiderman calls the private fundraising firm Quadriga, quote, "despicable," in how it has deceived the mostly old and gullible out of hundreds of millions of dollars.

ERIC SCHNEIDERMAN, NEW YORK ATTORNEY GENERAL: Some of these pleas that were put up by Quadriga were heart-wrenching. That they're helping some poor particular veteran get a car and get a better life, and we've now learned through our investigation, that in some cases those stories were totally fabricated. That the foundation at issue had never helped the veterans that they used in their ads.

GRIFFIN: Quadriga will pay a $9.7 million fine and it will forgive nearly $13 million in debt still owed it by the Disabled Veterans National Foundation.

(On camera): All right. So now you're getting back to me, is there going to be an interview?

(Voice-over): CNN has been chasing Quadriga and the Disabled Veterans National Foundation for years, ever since we found out these two groups -- one a company, one a charity -- have been taking your generous donations to our nation's disabled veterans and pocketing almost all of the money.

(On camera): We're doing a story on Quadriga Arts. We're with CNN.

(Voice-over): Quadriga, the investigation discovered, had almost total control over the charity. In effect the charity was a front for Quadriga's profit-driven scheme.

SCHNEIDERMAN: They've got the folks who set up the charity going, they used their council to advise the charity, and they entered into a contract which enabled Quadriga to control the flow of funds. They -- Quadriga put up the money for the direct mail campaigning but then it had total control and discretion over the funds going in.

GRIFFIN: Out of a total of $116 million raised by the veterans charity over the years, $104 million of it went to the direct mail fundraiser according to New York state. And most of the donations that it made called gifts in kind like those coconut M&Ms were useless to veterans.

SCHNEIDERMAN: The abuses here really span the whole gamut of abuses that you could see in a charitable organization, that's why this is such an interesting case because they were falsifying the value of the gifts in kind. They were sending things that no disabled veteran needed like M&Ms, chefs hats.

GRIFFIN: As a result of the settlement, the DVNF founding board members including its founder Priscilla Wilkewitz are being removed from the charity.

Its executive director has already left and the charity is banned from doing any business with Quadriga Art for three years. In addition to its huge fine and the forgiven debt, Quadriga Art itself and its president Mark Schulof must now fully disclose its fundraising costs up front so would-be charities understand just how much of the donated money, your donated money, Quadriga will keep for itself.

SCHNEIDERMAN: The donor's intent in this case was to help disabled veterans, and take money that people are trying to spend to help disabled veterans just to feed your own overhead and to pay your executives off as Quadriga did here is pretty despicable.


BERMAN: All right. Drew Griffin joins us now. First of all, Drew, terrific work, truly keeping them honest. Secondly here, despicable, that's how New York's attorney general describes this company. But they're still in business.

GRIFFIN: Right. And promising to do much better. In fact in a statement to us, John, Quadriga Art, which is a family company, says an uncle who helped run it, Tommy Schulof, has resigned, the president, the nephew, Mark Schulof, says, "We have taken responsibility for the mistakes that were made. We deeply apologize for our actions and have taken steps to ensure that this situation will never occur again."

As for Disabled Veterans National Foundation, that woman who slammed the door in our face, gone. As are the founding members of our group, but they go on, a spokesperson says, "This is very significant and positive step for the DVNF that will enable us to improve the services we deliver and increase transparency with our loyal donors."

If they just did anything, it would be an improvement, John.

BERMAN: Still, Drew, is it wrong that I'm so surprised that these two groups that took in, you know, more than $100 million and apparently did so little to help disabled vets that they both survived?

GRIFFIN: This is the frustration that David Fitzpatrick, my producer, and I have had since we began this reporting on these charities. The laws in this country on fundraising, on nonprofits, on these charities, are so weak, you can literally get away with just about anything. I'm not kidding. That's why the best advice to anyone who is donating money is to not believe anything that comes in a direct mail advertisement. I wouldn't send a dime to anybody who sends you an advertisement from a direct mail campaign for a charity.

And then check out the charities that you are giving to. You can go on charitynavigator, a charity watchdog, check it out. Just don't give money to these people, they are keeping almost all of it.

BERMAN: Drew, it's great advice. And again terrific reporting. Thank you so much.

GRIFFIN: Thanks.

BERMAN: A quick reminder. Make sure you set your DVR so you can watch 360 whenever you'd like.

Next for us, the Supreme Court hands President Obama and advocates say millions of women a big defeat on what Obamacare covers and also the president takes new action that could divide -- could invite, I should say, more court challenges. The question tonight, is he doing what all presidents do? Or is the constitutional law professor exceeding his constitutional powers?

And later, we do have breaking news, we're just getting in this video. This is Israel tonight. Retaliating for the abduction and the killing of three teenagers. Stay with us.


BERMAN: So the Supreme Court has the last word on what is constitutional. But not on the controversy surrounding the cases that they hear. Especially when it comes to religion and reproductive issues.

Today a sharply divided court ruled on one such case, striking down the requirement that family-owned companies, in this case Hobby Lobby, pay for insurance coverage for comprehensive birth control, saying it violated a federal law protecting religious freedom. At issue in this case were specific birth control methods, including

the emergency contraceptive PlanB. The company said it did not object to other forms of contraception, including several kinds of birth control pills and condoms.

It was a 5-4 decision that the conservative majority framed in terms of religious liberty, calling it sharply limited. The center, notably Justice Ruth Bader Ginsberg saying no, the ruling invites more companies to seek more religious exemptions to more laws.

CNN senior legal analyst Jeffrey Toobin joins us, so does chief political analyst Gloria Borger.

All right, Jeff, this was billed as the biggest decision of this term. It was going to perhaps determine whether or not corporations had religious rights. It was going to weigh-in on Obamacare, maybe change it for the future here. We have a 5-4 decision, largely an ideological line, what have we actually learned from this now?

JEFFREY TOOBIN, CNN SENIOR LEGAL ANALYST: Well, we've learned a lot, John. I mean, first of all, we've learned that corporations can assert the right to freedom of religion. We never knew that before. That was something that some courts had suggested, but now we know we can.

Also we know that thousands of employees of Hobby Lobby and thousands of other women are now in the position of losing part of their birth control benefits. Part of their health care benefits. Their right to certain forms of birth control, and in a larger sense we now know that corporations can assert the right that they don't want to pay for certain kinds of medical procedures, and the courts are going to have to sort out which procedures employers can take away from their employees. And this is going to be a complex and lengthy undertaking. And it's just begun.

BERMAN: That's right. We know there will be a lot more questions and perhaps a lot more cases going forward.

And, Gloria, what we also know is this is not a decision that the White House wanted.


BERMAN: This is something that rules against them and against their interests. However, whenever you have something like this, there are people who say, well, Democrats will fundraise off of this. This could galvanize women voters to vote in the midterm. What do you make of that?

BORGER: Well, both are true. You know, first of all, obviously the White House did not want this decision because it's another chink in the armor of Obamacare which has been sort of whittled away from all angles. And what they also know, however, is that this is an issue that they can keep pounding at because the question of women's reproductive rights, the question of what are the rights of a corporation versus the rights of a person are things that could be used in a political campaign.

So the administration can go one of two ways. First of all they can say, OK, we're going to issue some regulations which would find a way to pay for this kind of contraception through health care subsidies or the exchanges, they could do that. The second thing they could do, and I think they're going to find a way to raise this on the floor of the Democratic controlled Senate, have a vote on it, even though they know that it will fail.

But they can remind voters heading into 2014 about the so-called war on women, we spoke about during the last election, and hopefully increase that gender gap to their advantage.

BERMAN: All right. There was a lot that went on in Washington today. There wasn't just this decision from the Supreme Court. There was also this announcement from the White House on the issue of immigration.

Jeff, I want you to listen to part of this statement that the president made at the White House today.


BARACK OBAMA, PRESIDENT OF THE UNITED STATES: As we speak, there are enough Republicans and Democrats in the House to pass an immigration bill today. I would sign it into law today. And Washington would solve a problem in a bipartisan way. But for more than a year Republicans in the House of Representatives have refused to allow an up or down vote on that Senate bill or any legislation to fix our broken immigration system.


BERMAN: So the president, Jeff, essentially saying that Congress won't pass legislation so he's going to take presumably executive action after the summer here. The Constitution is not exactly written that way. What can he actually accomplish here?

TOOBIN: Well, you know, it's very hard to know. One of the things he announced today is that the Department of Homeland Security under his orders will move assets from the interior of the country to the border.

BERMAN: That they can do.

TOOBIN: There's no doubt that that's constitutional. When you start changing the rules about who can get into the country and how long they can stay and what the conditions are for whether they can stay, and spending money for the care and feeding of particularly young people, that's where things start to get more dicey, because it is under Article One of the Constitution the right of the Congress to pass laws and under Article Two the right of the president to execute the laws.

But those terms are not necessarily self-evident and the Supreme Court has twice in the past week said, you know what, President Obama, you reach too far with recess appointments and here in the Hobby Lobby case, so, you know, it's perilous for him.

BERMAN: Gloria Borger and Jeffrey Toobin, thanks so much for being with us.

TOOBIN: All right. John.

BERMAN: Up next for us, breaking news, new pictures just in of the air strikes tonight on Gaza, retaliation for the kidnapping and killing of three Israeli teens. We will take you live to this developing story and some very tense territory.


BERMAN: As Israeli prime minister Benjamin Netanyahu warns, quote, "Hamas will pay for the deaths of three Israeli teenagers," breaking news tonight that the FBI is also investigating. The bodies were found today in the West Bank, the FBI is investigating, because one of the young -- one of the young men held a dual American and Israeli citizenship.

And moments ago, we did get new images tonight. Explosions from Israeli air strikes in Gaza. Reportedly 20 of them mainly against Hamas training compounds.

Senior international correspondent Ben Wedeman joins us now. Ben is in the West Bank.

And Ben, we just showed the pictures right now of those explosions in Gaza. Israel clearly beginning to take retaliatory action. What can you tell us about this?

BEN WEDEMAN, CNN SENIOR INTERNATIONAL CORRESPONDENT: This comes as no surprise the action in Gaza. We heard the Israeli deputy defense minister, Danny Danon, saying that Hamas will be eradicated.

Now given that Hamas controls the Gaza Strip, it's not surprising that that's the target. There's been a lot of rocket fire out of Gaza, Israeli air strikes over the last few days, but what we've seen overnight is some intense air strikes.

I just got off the phone with someone in Gaza, saying that as far as he knows, they've hit a variety of training facilities and other military facilities belonging to Hamas and the other factions. In response we had a variety of rockets fired out of Gaza this evening as well as mortar barrages, so it definitely looks like we have an escalation on the way. This is really just the beginning -- John.

BERMAN: What do we know about the investigation itself? How did Israel end up finding these bodies of these teenagers? They've been missing for more than two weeks.

WEDEMAN: Yes, they went missing at about 10:30 on the 12th of June. We've seen a massive manhunt throughout the West Bank but focused mainly in the southern part of the West Bank outside Hebron and within the city itself. Now what's interesting is that apparently what happened was the first

body was discovered this afternoon at about 5:00 p.m. local time by volunteers, people who are affiliated with it. Nature Conservation School not far from here. Apparently one person went out into a field and found under a bunch of rocks a body. He contacted the Israeli army and police, they came -- they came over, closed off the area, found the other two bodies.

This was in an area that was only about a 15-minute drive from where the original kidnapping took place on the 12th of June and in a field that had already been searched by the military and the police -- John.

BERMAN: Ben, quickly, Israel insists that it thinks that Hamas is responsible for these deaths. Is Hamas claiming responsibility, though?

WEDEMAN: No. Hamas praised the kidnapping, but did not claim responsibility. There were --- in the initial days after the kidnapping, there were a variety of claims of responsibility, but none of them could be verified. Now what's interesting in this case is that there is not unanimity among Israeli security officials that this was an operation that was approved by the higher echelons of Hamas' military wing, many of them believe that the two individuals that Israel has pointed to may have been affiliated with Hamas.

But it may have been just sort of an ad hoc operation. They were basically targets of opportunity, not necessarily a preplanned operation -- John.

BERMAN: All right. Ben Wedeman, it could be a long night for you in the West Bank, thank you so much.

There is a lot more happening tonight. Susan Hendricks has an "AC 360 Bulletin."

SUSAN HENDRICKS, CNN CORRESPONDENT: Hey, John, we start with General Motors. The company is recalling 8.4 million more vehicles worldwide, mostly for faulty ignition switches which have so far caused at least 13 deaths. Today GM offered to pay at least $1 million to the families of those who died. The automaker said it will give another $300,000 for each surviving spouse and dependent plus an amount to be determined by the victim's earning potential.

The trial of Olympic splinter, Oscar Pistorius, resumes today after a one-month break for a psychiatric evaluation. A panel of doctors found that Pistorius was not mentally incapacitated when he fatally shot his girlfriend, Reeva Steenkamp.

And Toronto's controversial mayor, Rob Ford, is out of rehab and back on the job. At a news conference today, he asked for forgiveness and pledged to keep serving his constituents.

Yosemite marks its 150th anniversary. The celebration included a ground breaking for a project that will restore a growth of 500 sequoia trees that are among the oldest living things in the world and have been called nature's masterpiece, certainly looks that way. BERMAN: One of the most beautiful places on earth. Susan Hendricks, thank you so much.

Just ahead for us, a stunning revelation in the investigation of a Georgia toddler's death in a hot car, police say the child's mother told them.


BERMAN: This week, a judge will decide if there's enough evidence to keep Justin Harris in jail while prosecutors build their case. The Georgia father as you might remember is charged with murder and second degree child cruelty. It's not a dispute that he left his 22-month- old son, Cooper, in an SUV in the broiling heat for hours that ultimately killed the toddler.

Prosecutors alleged was murder. Harris says is was just a horrible accident. Cooper's funeral was on Saturday. In the surprise of many, his father took part in the service from jail. Martin Savidge has more starting with a new piece of information that has surfaced in the investigation.


MARTIN SAVIDGE, CNN CORRESPONDENT (voice-over): The new revelation is stunning, according to investigators, the mother of 22-month-old, Cooper Harris says she also researched on the internet how children die in hot cars. It follows a similar jaw dropping admission by the boy's father. Both stories summarized in police search warrants released over the weekend.

He stated he recently researched through the internet child deaths inside vehicles and what temperature it needs to be for that to occur. Justin stated he was fearful this could happen. It did happen less than two weeks ago. Police say Justin Ross Harris left his son strapped in a rear facing child seat in the back seat of his SUV for close to 7 hours in the parking lot at work.

Temperatures hit the 90s that day. The father says he forgot to take the boy to day care. Police say Harris was seen at lunchtime, returning to the vehicle and placing an item in the front seat before going back to his office. Dad's being held without bond, charged with felony murder and second degree child cruelty, so far no charges have been filed against the boy's mother.

Police made the documents public Saturday. The same day hundreds gathered in Alabama for little Cooper's funeral. His tiny casket was red, his favorite color. No cameras allowed, but reporters could attend. The emotional service included the family's first public statements.

Leanna Harris defended her husband during her child's eulogy saying, am I angry with Ross? Absolutely not. It has never crossed my mind. CNN's Nick Valencia was in the church.

NICK VALENCIA, CNN CORRESPONDENT: What got the reaction was when she said Ross Harris is a wonderful father, and everybody stood up and started clapping. It was an unprovoked moment.

SAVIDGE: Then Cooper's father spoke via phone from his jail cell.

VALENCIA: You could hear him sobbing over the phone. Trying to catch his breath. That got very emotional for people in the crowd.

SAVIDGE (on camera): Do you remember some of what he said?

VALENCIA: He said thank you. He thanked those in the crowd for not only supporting him, but also supporting his son.

SAVIDGE: What was to be a service to remember a child, also became a defense of the father charged with his death. Leading even those attending torn by anguish and allegations.

CAROL CROWN, FAMILY FRIEND: I mean, he could have left the car and not seen the little boy if the boy was sleeping or -- I mean, it could have. He could have been distracted. So -- but I do have questions about it.


BERMAN: Martin Savidge joins us now from Marietta, Georgia. Martin, the mother's eulogy at the funeral this weekend, it's really the first we've heard from her. What else did she have to say?

SAVIDGE: It was very unusual I have to say. It wasn't so much talking about her son, but talking about her husband and openly having to answer the questions that have come about. One of the other odd things in that eulogy, she put together a list of things she said she was happy that her son did not live to see. His first heartbreak.

She also said that he wouldn't have to go through that ordeal of who to sit with at lunch in those awkward middle school years. She said he wouldn't have to suffer through the death of seeing his grandparents or parents die. I will miss him with all my heart. Would I bring him back? No. To bring him back in this broken world would be selfish. They are a very deeply religious family -- John.

BERMAN: All right, Martin, thank you so much for that. Appreciate it. Joining me now, a former FBI agent and profiler, Mary Ellen O'Toole, and also CNN legal analyst, Sunny Hostin. She is a former federal prosecutor.

Sunny, so not only did the father search on the internet for information about what temperature in a car could kill a child. But we now know that the mother did some kind of internet search along those lines as well.


BERMAN: I'm a parent, I have a beautiful wife. We are both loving parents who tend to be neurotic, I can't imagine ever doing a search like this.

HOSTIN: You know, I can, and I think there are going to be first time parents that relate to that, I can tell you that when my children were born. I did searches on drowning deaths because we go to a lot of pool parties. If I then take my child to a pool party and my child drowns, did I plan that? Was that intentional. And I think you have to sort of look at it that way, but I will agree that it's going to come down to the timing. Did he search --

BERMAN: I mean, if this was a week or a month before, then it's awfully strange.

HOSTIN: It's awfully strange and it's awfully strange if he went into his office after he left the little boy in the car and did it then. So but again, I think it's really about motive in a case like this, because we know this happens so very often. We know last year, over 40 children died this way. I still think if you're the prosecution and you need to prove this case, although motive is never an element of the crime.

You've got to be able to go to that jury and explain that there was a divorce battle, a custody battle, a life insurance policy. You have to give the jury something I think to hinge.

BERMAN: I do understand that they may need a lot more than these internet searches, but these internet searches seem to me to be something that the police and prosecutors can look at and say, we need to do a lot more investigating here unless we find out what was really going with these searches, you know, we can't be sure..

HOSTIN: I think that's absolutely right, and I think that we will learn more about the theory of this case on Thursday, when there's the probable cause hearing. The government will have to show that a crime has been committed and that the defendant committed that crime. So I'm still reserving judgment as I've saying all along. I think at least until Thursday when we hear, really, truly what is the theory?

BERMAN: Mary Ellen, I want to talk about the funeral now, and the father calling in during the funeral. You know, how important do you think that is? Do you think that strikes investigators as unusual?

MARY ELLEN O'TOOLE, FORMER FBI PROFILER: I do think that will strike investigators as unusual. But what they'll have to do is they'll have to develop a baseline of this father's behavior, what was he like a month, six months before this happened? And so is this behavior that he manifested at the funeral consistent with who he is or is it inconsistent?

As they begin to build this tapestry, they will compare the behavior that they see in the scene and how he acted when he notified authorities, and they'll compare that to the baseline of behavior, because otherwise you can't interpret it correctly.

BERMAN: What about the fact the mother spoke up for him at the funeral. Does that also matter, Mary Ellen?

O'TOOLE: It does matter again because on the surface, it appears so odd, so inappropriate, but we don't know what her overall behavior is, so there has to be a baseline of behavior that's developed about the mother and the father and you can compare that and say, is this out of the ordinary for the mother or is she just kind of a quirky person? It's easy to jump to conclusions, but you have to have something to compare it to.

HOSTIN: And I want to say this, you know, when I was a prosecutor and I had cases, murder cases, rape cases, I didn't put too much stock in defendant's reaction after something took place, because we don't know how we would react when something like this occurs. I sort of disagree in the sense that you do want this profile, and you want to be able to explain the behavior, but I don't think when you're trying these kinds of cases in front of a jury, you can really explain this kind of behavior.

BERMAN: Mary, last question here, the police are saying, the facts in this case at this point don't just point to simple negligence. Does this mean you think they have to have more than these internet searches?

O'TOOLE: They're going to need to have more, but the fact that we're seeing it unfold the way we are suggests to me as someone that has case material. They do know more about what lead up to this, they have more information about the background, and other pieces to the puzzle we don't have yet.

BERMAN: Mary Ellen O'Toole, Sunny Hostin, thank you so much for being with us, really appreciate it. We will learn more on Thursday.

Coming up, a new warning for militants trying to establish an Islamic state in Iraq.

Plus, breaking news about what the United States is doing about it right now.


BERMAN: More breaking news tonight, the Pentagon announcing it has sent an additional 200 military personnel to Iraq and reposition 100 others to provide security for the U.S. embassy, the Baghdad airport and some other facilities. These troops are in addition to the up to 300 military personnel that President Obama had already authorized to support Iraq's security forces.

This amid new threats and declarations for the militant group, ISIS. The group has declared a caliphate at an Islamic from Syria to Eastern Iraq and it's calling on Muslims to swear allegiance to it. The group has also posted several propaganda videos online.

One of the most recent a Jihadist speaks mostly English and says there's no army in the world that withstand the soldiers of Islam. The video shows what it said to be an Iraq police station and what appeared to be men being held captive inside. The building is then blown up.

Now, in this video, the Jihadist also gives a tour of a border area, and points out American vehicles that he says were captured from police. (BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: People in the west, just keep giving and we will keep taking it. How much money America spends to fight Islam -- look at this big car, American Ford.


BERMAN: Senior international correspondent, Arwa Damon and former FBI supervising agent -- special agent, Ali Soufan, join me now. So Ali, this new video we have from ISIS, it's a little unusual. It's almost like a guided tour through the conquests of ISIS right now on the border between Iraq and Syria. Very well produced, what do you make of it?

ALI SOUFAN, FORMER FBI SUPERVISORY SPECIAL AGENT: Well, is unlike other groups, very good with social media, very good in producing a high quality videotapes. And they use it not only as propaganda, they use it also for recruitment and fundraising, and they have been extremely successful with the media operation, they have actually various entities inside the group that focus mostly on media.

For example, when they announce the destruction of the borders between Syria and Iraq, when they announce the establishment of the Kalaffa, they announced it in statements in Arabic, English, French, German, and Russian. So now they are talking to a global audience.

BERMAN: And of course the young man in this video speaks nearly perfect English. Arwa Damon, I want to bring you in here because it strikes me that he is a young man. We're used to seeing al Qaeda videos in the old days. This is, you know, a guy in his 20s, more of the rank and file of the ISIS movement. Do you think that's significant?

ARWA DAMON, CNN SENIOR INTERNATIONAL CORRESPONDENT: I do think it is, we're also seeing very clearly just how much further ISIS has evolved since the days when al Qaeda was the most feared terrorist organization. Not just in terms of the type of propaganda that they're putting out, but also in sheer numbers of people, especially westerners that they've managed to attract by far surpassing in the Iraqi and -- Syrian battlefield, any sort of appeal and flow of foreign fighters that al Qaeda and Iraq for example was ever able to attract.

Additionally when it comes to these videos, they circulate so widely and so quickly on the internet, not just pushing forward ISIS' message in terms of its appeal to potential Jihadis, but also even more importantly spreading that message of fear and terrifying the population.

BERMAN: We talk about the evolution of ISIS. Well, now, ISIS says they want to change their name. They want to be known as the Islamic State. They say they want to be known as a caliphate right. They've established a caliphate. Leave aside that's offensive to many Muslims and laughable to many others there. Is this proof they're just delusional? SOUFAN: It's proof they're delusional, but also at the same time, I think we have to look at this, not as establishment of a new state, not as establishment of Kallafat. We have to look at it as a split in the global Jihadi movement. No other organization is allowed to exist except under Bagdadi. Al Qaeda is not allowed to exist. Taliban is not allowed to exist.

Now, the question is, will these groups pledge to Bagdadi or are they going to fight each other exactly like they were fighting each in Syria for example. The other point is what will al Qaeda do reclaim the legitimacy of the number one global Jihadi terrorist organization in the world? Will they try to carry out a terrorist attack to prevent further Jihadis to go towards ISIS?

BERMAN: I want to focus on what's going on inside the border of Iraq right now because Arwa, you just went to Karballah that is one of the holiest cities around the world right now. It's also a city that's not really that far. Despite it's a Shiite city, not really that far from the Sunni strong holds. What's the latest on the ground there?

DAMON: That's right. We just got back from a trip there, bearing in mind too, that the spokesman for ISIS in a message that was put out last week was very blunt in saying, let's keep marching, it's not about the battle raging right now. The big battle is yet to come, and that is going to be for Baghdad and Karballah.

Karballah being home to one of Shiite Islam's holiest sites. The shrine to Imam Hussein and his brother. Great concerns on the ground there understandably because any sort of attack that would cause any sort of damage to that shrine would potentially set off catastrophic sectarian bloodshed, not just necessarily in Iraq, but across the entire region as well.

And that is what people are so concerned about because the potential outcome of this would by far surpass any kind of bloodshed that we saw ravaging Iraq back in the days of the sectarian war here, 2005 to 2008. The province of Karballah is right up against the province of Al Anbar.

That ISIS has claimed as being part of a Sunni strong hold so a lot of reinforcements being put into place there. Speaking to people around the shrine, they are very frightened, very worried and in the words of one young man, he put it quite simply saying, Iraq, we do not deserve this.

BERMAN: All right, Ali Soufan, Arwa Damon, thank you so much for joining us. Really appreciate it, guys.

Coming up for us, quite a surprise at more than 38,000 feet. An emergency slide opens inside a plane and causes an emergency.


BERMAN: In the realm of in-flight airline emergencies, this definitely ranks among the strangest. The United flight to California forced to divert to Wichita, Kansas after an emergency evacuation slide deployed inside the plane at cruising altitude. Passengers say they heard a pop, then a hiss, and then some reached for their cameras. Rene Marsh has the details.


RENE MARSH, CNN AVIATION AND GOVERNMENT REGULATION CORRESPONDENT (voice-over): Shocked more than 38,000 feet in the air. When an emergency slide accidentally deploys, inflating in the rear of a United Airlines Boeing 737.

DIANE MODINI, PASSENGER: You heard a bang and a hiss.

MARSH: More than 100 people on board, United Flight 1463 from Chicago O'Hare to John Wayne Airport in Southern California was forced to make an emergency landing in Wichita, Kansas.

UNIDENTIFIED PILOT: Everything's fine. We want to get on the ground and have someone look at it.

MARSH: Passengers say they heard a popping sound before the slide filled the rear of the plane. Former Nebraska quarterback, Taylor Martinez, tweeted this picture of the slide, writing, scariest flight of all time. Experts say many factors could have caused this.

STEVE COWELL, AVIATION SAFETY CONSULTANT: The possible causes really are the mis-mounting of the slide by the maintenance personnel. They're going to be looking at the pressurization of the unit that inflates the slide. They're going to be looking at the mounting brackets, everything that goes into how this slide is put into the airplane.

MARSH: The FAA says there was an issue with the plane's door and they're investigating.

COWELL: We have highly pressurized gases that are inflating something at a very rapid rate. This slide takes up an awful lot of room. If it deploys at the wrong place on a landing, could block an exit, which would be critical to a passenger evacuation.

MARSH: It's happened before, last November, a slide deployed on a JetBlue plane, hitting a flight attendant to the wall. The NTSB said today that incident is still under investigation.


MARSH: In a proactive move, they decided to replace the emergency slides on their fleet with a new design. When the new design is available, the fleet will be retrofitted. In the meantime, in the latest case, the airline tells us, all passengers were seated so no one was injured. Rene Marsh, CNN, Washington.

BERMAN: Straight flight.

That does it for us. We'll see you again at 11:00 Eastern for another edition of 360. The CNN Special Report, "DOWNWARD SPIRAL INSIDE THE CASE OF AARON HERNANDEZ" starts now.