Return to Transcripts main page

CNN NEWSROOM

Austrians Donating Train Tickets For Refugees; Authorities May Be Closing In On Drug Lord "El Chapo"; Official Still In Jail For Not Allowing Same-Sex Marriages; $50,000 Reward Offered In Shooting; Refugees Begging the World for Help; Routine Pest Control Left Boy with Brain Damage; Tom Brady Speaks on Deflategate Ruling. Aired 12-1p ET

Aired September 5, 2015 - 12:00   ET

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


MARTIN SAVIDGE, CNN GUEST ANCHOR: A Kentucky clerk said she will stay in jail for as long as it takes after refusing to approve same-sex marriage licenses. I'm talking to a state senator who supports her about what happens next. You're live with me in the CNN NEWSROOM.

Hello and thanks for joining me. I am Martin Savidge in for Fredricka Whitfield who had the day off.

We begin now with the desperate migrant crisis in Europe where thousands of refugees, some fleeing war-torn countries have finally arrived at the Austrian border.

Families walked for up to nine hours on a highway from Budapest on Friday. They began this trip after the Hungarian government stopped the train bound for Austria.

But overnight, the government deployed a fleet of buses to take them to the border. This exodus of refugees is expected to continue and most seeking asylum in Germany and the United Nations is desperate to find a solution.

The U.S., one of the countries helping out will most likely take in at least 3,000 Syrian refugees by the end of this month. That's according to the State Department.

Joining me now on the phone is CNN's Fredrick Pleitgen, who is at the border where the refugees continue to arrive. Fred, is the Austrian government providing any kind of shelter or aide for these people as they arrive?

FREDERIK PLEITGEN, CNN SENIOR INTERNATIONAL CORRESPONDENT (via telephone): Yes, they certainly are, Martin. In fact it's quiet remarkable the amount of aid that's being provided. There are buses that are coming from the Hungarian side of the border.

They have to walk across the border to get on to Austrian territory and once they get there, they are provided with water. They are provided with food. There are medical facilities. It really is actually quite remarkable to see the amount of aid that has been donated in a very short time span. Because the Austrian authorities didn't know that this big influx of refugees were coming until early this morning. It's a Saturday morning here, but immediately the community sprang into action and started a major donations drive.

I am seeing people handing out food to people that have just gotten here. It's quit cold here now in this part of Austria. I can see the refugees with thick jackets on. One of the things that the officers are trying to do is get them on trains as well as possible to make sure that they're able to continue the journey to Vienna and other places as well.

It's heartwarming scenes after the people have had over the past couple of days in the journey across much of Eastern Europe and to see that they're getting attention and most importantly that they're being welcomed here with the smile by the local population -- Martin.

SAVIDGE: Yes, that's good news, Fred. Germany seems to be the destination they're headed too. Explain why that is.

PLEITGEN: Well, I think that it's a mix of reasons for why people want to go to Germany. They have heard that Germany is very powerful. They have also heard that Germany does take in a lot of people. It's also very important.

There have been so much debate over the last couple of months with the countries and treating the whole migration crisis that's happening more as a border control issue and they have to build up fences on the borders. How do we keep the people out?

Whereas the German government has done a pivot recently and say that we want to welcome them. The new number that the German government has put out it says that up to 800,000 could come to Germany this year alone, and that's at least the ones that come from Syria and Iraq would have good chances of staying there.

That's something that many of these people have heard as well that leave the countries that they can stay in. Therefore that's certainly one of the factors that drive them to say that this is where we want to be.

And the other thing quite frankly is that they're going to get a good facility and live under good circumstances there. That's certainly also something that many people say that draws them to want to try to Germany.

SAVIDGE: All right, we will see if that goodwill holds up. Fredrick Pleitgen, thank you very much joining us from Austria.

The young Syrian boy who's become that symbolic face of the refugee crisis in Europe was laid to rest yesterday. We're going to warn you that this picture is disturbing.

The 2-year-old was found face down on a Turkish beach. He drowned at sea while crossing the Mediterranean with his family. Yesterday his body was brought back to his native home of Kobani, Syria where he was buried with his older brother and his mother.

So an increasingly desperate situation unfolding there in Europe as we've seen and joining me now is the former U.S. ambassador to Syria and to Israel, Edward Djerejian. He is currently the director of the Baker Institute at Rice University in Houston.

[12:05:01] Many of these immigrants that we are seeing, these refugees are fleeing violence from Syria since that civil was began more than four years ago. Could the international community have taken action long before now that tried to have this evolve into a full blown crisis or prevent that rather? Can you hear me, sir?

EDWARD DJEREJIAN, FORMER U.S. AMBASSADOR TO SYRIA: Yes, I believe the response to your question is yes I think what we're seeing is a failure of world leadership in resolving the critical crisis in Syria that has now spread to Iraq with ISIS.

It's been now four years as you stated that the Syrian conflict has taken over 280,000 lives. Most of the -- almost half of the refugees that you referred to in Europe, there are about 320,000 approximately half of those are Syrians escaping the war.

You showed the iconic photo of the young boy that's captured the imagination of the world, but I also noted a statement by a 13-year- old Syrian boy in Europe that was migrating there with his family, and he said we don't want really to go to Europe. We want to go back to our home in Syria. Please stop the war in Syria so we can go back.

The real solution is to resolve these conflicts in Syria and Iraq in order to stem the origin of this access. Of course, there are other refugees from Afghanistan, Somali, but it's the crisis in the east that's the cause of what we're seeing in Europe.

SAVIDGE: I don't think that the United States or the public is to desire or wanting to get involved militarily into Syria any more than they are. So I am wondering is the other answer for more countries like the U.S. to step forward and say we will take these migrants in. Come here?

DJEREJIAN: Well, the United States has a policy of receiving approximately 75,000 migrants and refugees per year. As you know some senators have put forward a proposal to increase our intake of some of the 65,000 refugees from Syria, but it's limited. The entry levels of the refugees into the United States have been limited to that type of number.

SAVIDGE: And so where does this go. Do you just see this saying that you come to us and encourage them to leave the refugee camps along the border? It seems that this is only going to get worse.

DJEREJIAN: Look at it again structurally the Europeans have welcomed the migrant laborers because they need labor. The demographics of population growth in Europe are declining and so a country like Germany does need labor. They have had a tradition if you will of welcoming laborers for economic reasons. But now with these political crises in the Middle East, it is becoming humanitarian crisis. I don't see it ending in the near term. When you look at the number of Syrian refugees in Turkey almost 2 million in Lebanon, and almost a third of the population in Lebanon and Jordan about 700,000, those refugees also are going to be seeking some of them exit into Europe and elsewhere.

So unless there is a solution to the horrible conflicts that we're witnessing in Syria and Iraq and the rise of ISIS and instability in these countries and failed leadership.

I mean, when you get down to the source of it, it's the failed leadership of these governments in the Arab countries that have not provided the basic services and security and economic growth for the people that have caused extremist groups like ISIS and al Qaeda to cause the havoc in these countries.

Bashar Al-Assad, the president of Syria, he fired on his own people and virtually ignited the civil war there. Conflict resolution is the structure solution. In between that far bridge, the community and international community has to come together and coordinate on refugee relief.

SAVIDGE: Ambassador Djerejian, thank you very much for your insights. We hope they do come together and love to see an end to that conflict. Thank you.

[12:10:01] Authorities maybe closing in on Mexican drug lord, Joaquin "El Chapo" Guzman. It appears that his own son may have exposed his location on social media. El Chapo escaped from a Mexican prison through an underground tunnel back in July and has not been seen since.

Nick Valencia joins us now with more on that. Nick, this is a story that we started to instantly talk about. He made the goof, and who knows where it could lead.

NICK VALENCIA, CNN CORRESPONDENT: It could be on purpose. It could be a very calculated move by his son. But so far a $5 million reward and investigators have not lead to the capture of the world's most notorious drug trafficker. This tweet on the account believed to be that of El Chapo's son could provide a new include to the drug lords whereabouts.

(BEGIN VIDEOTAPE)

VALENCIA (voice-over): Is this the newest photo of one of the world's wanted fugitives. Joaquin El Chapo Guzman's son would like the world to think so. This week posted on a Twitter page believed to belong to the son of the drug cartel king pen.

This caption, "Comfortable here, you already know with who." Flanked by two identified men whose faces are covered by oversized emojis, the photo appears to show 29-year-old Alfredo Guzman sitting at a restaurant with a man whose mustache resembles that of his fathers. It's clear from some of the comments many hoped it is him. These men give more to Mexico than the rotten government, one user writes. Another writes, be safe, my hero.

The location tag on the photo says Costa Rica. CNN contacted Costa Rican authorities who said, "We are aware of the pictures that has surfaced, but we believe the Costa Rica they're talking about is not in our country, but a town in Mexico.

There are no current investigations targeting Mr. Guzman in Costa Rica." There's a fishing town about 30 minutes south in Sinaloa, Mexico and the same state in Mexico where El Chapo was born.

A spokesman tells CNN we're aware of the photo and looking into it. Here we go. It was nearly two months ago that Mexican authorities announced that the world's most notorious drug trafficker escape from Mexico's maximum security prison using this tunnel.

(on camera): The tunnel stretches for more than a mile carved out the earth here in a modified train track for the mini motorcycle. It's electricity lines. It's difficult to breath down here, a lot of dirt and dust. This is for the ventilation system. It's a tight, tight space down here. For a man known as El Chapo, I am sure that he had more than enough room to work with.

(voice-over): El Chapo has been on the run ever since with no signs of his whereabouts. If the Twitter photo actually is of the Mexican drug lord, the post is nearly as bold and brazen as his escape, the drug kingpin son seemingly mocking authorities and showing his father hiding in plain sight.

(END VIDEOTAPE)

VALENCIA: Whether it was to brag, a mistake or to throw investigators off the location of El Chapo there's no telling if El Chapo's son meant to leave that location tag on the photo. In the past he has bragged about the life style that he leads. This now maybe the first clue that we see if this is El Chapo. A lot of people do think that is.

SAVIDGE: Yes, that's waving a red flag at authorities. Nick, thank you very much.

Next, a clerk in Kentucky spends her weekend in jail after refusing to issue a marriage license to same-sex couples. A state senator joins me to talk about what he plans to do about it all. Stay here.

(COMMERCIAL BREAK)

[12:16:53]

SAVIDGE: Same sex couples are receiving their marriage license in Rowan County, Kentucky, this as the elected clerk, Kim Davis, sits in jail. She is refusing to sign those licenses despite a Supreme Court ruling. Davis says it's against her religious briefs and her attorney says that she is doing what she was voted into office to do. (BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: When she ran for office there was no such thing as same-sex marriage until months after that and she couldn't envision that that might be something that she would encounter.

(END VIDEO CLIP)

SAVIDGE: Davis has garnered some high profile support. Presidential Mike Huckabee, for instance, has started an online petition for her release. He plans to visit her in jail on Tuesday and rally supporters on her behalf.

Another supporter of Davis is Kentucky state senator, Stephen West, and he joins me now. Thank you very much, sir, for joining us. You support Kim Davis. I am wondering what does Kentucky do next? What's the end game? Where do we go?

STEPHEN WEST (R), KENTUCKY STATE SENATE: Yes, there are several options at the state level, several have been presented. One would be to do what that the Kentucky County clerks have said, which would be to issue the marriage licenses through the secretary of the state's web site.

Have blank marriage licenses at all the clerk's offices and hand those out to people who want to be married. They get them solemnized and bring them back in and then file them just like a deed or anything else.

There's other legislation that I've seen from North Carolina that we've been given and that would allow clerks to recuse themselves from those situations, and there's other various options.

The problem we have is Kentucky is a part time legislature. We are only in season in part of the year. We go back in in January, but we cannot call a special season. That's up to the governor in Kentucky.

And we're trying to put pressure on Governor Bashir to do this. So far he is refused so the next thing that we can do nothing legislatively until he acts.

SAVIDGE: That's a long time for her to sit in jail and for the state to be apparently be in this kind of quandary. Many people, though, have said that Kim Davis needs to follow the law. That's her job that she took an oath.

I want you to listen to what Justin Lee, that's the founder of the Gay Christian Network said to CNN earlier today and then I'll ask you to comment. Here's what he said.

(BEGIN VIDEO CLIP)

JUSTIN LEE, FOUNDER, GAY CHRISTIAN NETWORK: The challenge here is that Ms. Davis is in a government role. She has the ability to teach and preach, and believe and advocate for what she thinks is right. I support that 100 percent. I run an organization full of Christians who disagree with each other on same-sex marriage. When she is in her government role, she can't then step in and try to prevent other people from practicing their own faith.

(END VIDEO CLIP)

SAVIDGE: I think that there are many Americans who would say, look, they would fight to the death for her private right to believe in what she believes, but not to allow her to do this in her public job. Where do you fall in that?

[12:20:04] WEST: Sure, my opinion is that just because someone is a Christian does not mean that they lose their rights the minute they take a government job no matter what it maybe. Along with that you have a freedom of religion and freedom of speech. Just because you're a Christian and take a position like that does not mean you automatically lose those rights.

SAVIDGE: No, but she is in taking the action she is applying her religion and forcing others to adhere or abide by it and that's where the line is drawn. She is allowed to have her private beliefs. We all respect that. She can't publicly force others to be harmed as a result.

WEST: I understand what you're saying. The problem we have here is it's out opinion that none of this should have happened to begin with. That whenever the government places a new law in place as the Supreme Court justices did, the state then has the obligation to accommodate the person whose rights are infringed upon.

Just as the homosexuals on the other side of Kim Davis would say their rights were infringed up. Accommodation has now been made for them. Kim is now saying her rights are being infringed upon, being in jail that's infringing upon your rights.

So you know, this is a huge, huge decision. It's not like we just changed the meaning of the motor vehicle tax.

SAVIDGE: I understand, sir, but the same argument was put forward at integration. They were people who were opposed to integration and they based that upon religious lines, God never meant for black and whites to be together.

We have heard these arguments in the past before. The law of the land and ruling of the highest court, we respect those laws as Americans. She is not following them. Why is she allowed to be the exception?

WEST: Sure, I understand. We're talking about two different subjects. I think all the senate of Kentucky is asking for and by the way, this is about partisan issue here. I am a Republican and she is Democrat clerk.

The Republican caucus in the senate and the Democrat-controlled house have come together and called on the governor to call a special session. All we're asking for on her behalf is time to make laws that would take care of both sides.

It would include protections for homosexuals, but also protect her and religious freedoms as well. Another thing that we might mention is that this decision has totally decimated our marriage code in Kentucky, KRS Section 402.

That's going to have to be totally revamp because of all the gender language that is in there, which is fine, that's a legislative process. Our problem right now is logistics.

We have to get back and get into session before we can correct and tweak and solve any of these problems. That's the problem that we're having right now. To me the governor should call a special session. It would take four to five days and a lot of these problems would be handled and taken care of.

SAVIDGE: Yes, but at a huge expense to the taxpayers. I've got to leave it there. Stephen West, I appreciate it. Thank you very much for your insights. Good luck to you on this.

WEST: Thank you, sir.

SAVIDGE: Next, a significant piece of evidence found at the scene where a police officer was killed in Illinois. What investigators now saying about who might have killed him.

(COMMERCIAL BREAK)

[12:27:28]

SAVIDGE: Investigators are examining what they call a significant piece of evidence at the scene where a police officer was shot and killed this week. They say that there are now close to identifying the suspects. So far the police in Fox Lake, Illinois are not giving any details about what that evidence is except that it was located by a person.

Rosa Flores joins us now from Fox Lake. Rosa, police say that they're close to identifying the suspects. What do we really know?

ROSA FLORES, CNN CORRESPONDENT: You know, people in this community really hope that that happens soon, Marty. Imagine the description of the suspects is very vague, two white males and a black male, that could be anybody.

So they're really hoping that with this new surveillance video, they're going put a name to the face of the cop killers. Now a few other nuggets of information, law enforcement telling us that they have found significant evidence four days after the killing.

This is just by an evidence technician that was out scene combing through it one more time and finding this new evidence. They are tight-lipped about what that evidence is, but again, they say it's very, very significant.

Now while all of this police work is going on, I actually just got an e-mail from one of the detectives who tells me that they have what they are called saturation control.

They have agents in different parts of towns to make sure that people feel safe. They have also increased their marine patrols. In this area, there are many lakes and they're all interconnected, and so they have marine units on these lakes patrolling because this is a holiday weekend.

There's a lot of people descending on the community and coming just to vacation. They want to make sure that these boaters and homeowners feel safe.

Now while all of this police work is going on, a lot of people in this community also mourning, mourning this beloved police officer. I met some of his friends and Army buddies that said that they looked up to him from the age of 17 to 18. Now they're grown men. Here is what they had the say.

(BEGIN VIDEO CLIP)

JAMES HOGAN, SLAIN OFFICER'S FRIEND: Immediately he became one of the guys and they call him G.I. Joe for a reason. He was as hard core as they came. He was a role model to the young soldiers. He taught us all how to be men.

(END VIDEO CLIP)

FLORES: Now, I want you to look behind me because this memorial keeps on growing. We have been here since very early this morning. I can tell you that there's a string of people every hour that come here. They pay the respects. They leave flowers or balloons sometimes messages about their hometown hero.

[12:30:10] And I've talked to a several of them one of the his uncle stop by a little while ago and they are just in disbelief. One more thing Martin, a sign just went up asking for donations for a reward fund. Again, it's because their -- the description of these suspects is so vague they're hoping to get a better description so that they can find these three cop killers, Martin.

MARTIN SAVIDGE, CNN ANCHOR: Sounds like they need a break. Let's hope they get one.

Rosa Flores, thank you very much.

Next, refugees fleeing from war, they're begging for the world to help them. They're scrambling in to Europe, and Europe is trying to address the crisis.

One official said today about their plans. Well tell you next.

(COMMERCIAL BREAK)

[12:35:10] SAVIDGE: Hello. Thanks for joining me. I'm Martin Savidge.

The head of the U.N.'s refugee agency said that the ongoing migrant crisis is Europe's moment of truth. And there's thousands of refugees fleeing war-torn countries arrive in Australia and Germany today. E.U. foreign ministers have embraced the urgency in their meeting to develop a plan.

This comes us the world food program just announced that it has suspended food aide for more than 200,000 refugees in Jordan. In the refugees making this journey starving without water asked, "Where is the world?"

Now, the E.U. Foreign Policy Chef has said, "enough is enough."

(BEGIN VIDEO CLIP)

FEDERICA MOGHERINI, E.U. FOREIGN POLICY CHEF: A time for blame games is over, its time for taking decisions, turning decisions into actions and doing it united as Europeans.

(END VIDEO CLIP)

SAVIDGE: That is the hope.

Joining me now to talk more about this is CNN Senior International Correspondent, Nic Robertson.

You know, Nic there has been so much disagreement on to do here. What decisions could possibly be made?

NIC ROBERTSON, CNN SENIOR INTERNATIONAL CORRESPONDENT: Well what they've done is these European leaders have kind of outlined the five point plan. And it sort of starts with the basis of the European human rights law, that is that they need to give protection to asylum seekers that they need to treat them humanly at the boarders.

They've also task and decided that they going to try and crack down on the smugglers and traffickers.

Now, they say that they do another already in the Mediterranean Sea, of course a lot of these people have been coming from Libya across the Mediterranean to Italy they're tackling that part of problem. But as they tackle that what they've done is pushed the problem sort of across the continent that you've got a lot of people now coming from Turkey into Greece.

And what they have said here is and when they get to Greece of course they're coming up through the Overland through the Balkan countries.

They say that they going to target these traffickers and smugglers who are helping people come to the Balkan countries. They said that they want to work with the countries of origin because some of these are not refugees earthly in war although they do say that right now that's the majority economic migrants they say they need to establish relationship to those countries to send them back home.

And then of course how do they deal with the root causes of this which is they say Libya and Syria. Syria a long-term war that nobody have a solution on that, a lot hope some talk. Libya they say that there's going to be a U.N. agreed government put in place there fairly soon and they say that will help tackle the problem there.

So there's a lot of ideas but there is a lot of tension out there on unresolved issues like (inaudible) and this is a list of ideas rather than real solid action here, Martin.

SAVIDGE: Yes, speaking the tension Hungary is of course a gateway for this asylum process. And Hungary is been a huge roadblock in these decisions. Hungary's prime minister has been called even sinophobic.

He told a Hungarian radio station about "if we allow everyone in, that is the end of Europe. We may one morning wake up and realize that we are in the minority on our own continent."

So, how is the E.U. ensuring that he won't continue to cause problems and encourage that kind of thinking?

ROBERTSON: You know, here is the deal in Northern Europe you've got the sort of right wing Nationalist Parties around the rise in that, you know, is something that sort of happen before this summer but it's really accelerated that thinking for some us.

So, Viktor Orban that the Prime Minister there in Hungary, he is no alone I mean OK, is the most outspoken. But you have people like the British Prime Minister, David Cameron let face it, the last elections here in May that the right wing U.K. Independence Party was the third most popular party in the country more than 4 million votes.

So there is a real political play that's going on here right now. So you have people like David Cameron saying, we'll send the economic migrants back home, you have a different language being used there in Hungary. But clearly that language needs to change that's what E.U. foreign ministers are kind of do. But that's a long flow because there's a political backlash for these leaders.

SAVIDGE: Yeah, absolutely Nic Robertson, thank you very much as always.

Well, Western Governments decide what policies can be change to try to help this refugee some individuals are forward to offer housing and donations.

Irish Singer and Political Activist Bob Geldof published in up ed, in U.K. newspaper -- a newspaper that is, declaring that he will take four Syria families into his home.

But in doing so he challenges the U.K. on any hesitance to welcome asylum seekers writing in part to "England? Britain? Refusing the saddest people on Earth. The body of 3-year old on a beach. We turn them away? Who are we? What have we become? Shame on us."

British Prime Minister David Cameron announced Friday that the U.K. will welcome polices (ph) were Syria refugees in that Britain would act with both its head and its heart. [12:40:06] Next, it was supposed to be routine pest control treatment. But it's left the boy with brain damage. That family story is next.

(COMMERCIAL BREAK)

SAVIDGE: A 10-year-old boy is in the hospital with brain damage and pesticides are being blamed for what happened. A Terminix subcontractor treated the family's home in Palm City Florida for termites, that was last month.

And as soon as the family returned to the house their son started getting sick.

CNN Sara Ganim, has more. She joins us now.

Sara nice to see you, although I got to say not under these circumstances, so what's the company is saying about this?

SARA GANIM, CNN CORRESPONDENT: Yeah, company is not returning any of our calls, Martin. And, you know, this is such a scary incident. These have happened a couple of times in the last year or so.

These are really scary to think that you can go into your home and not now that you're being poised inside of it. You know, this one happened three weeks ago. But just yesterday the Florida Department of Consumer Affairs and Agriculture put a stop use on this particular company, the subcontractor of Terminix, Sunland Pest Control of course very little comfort at this point to this family who have a very sick little boy.

(BEGIN VIDEO CLIP)

GANIM: This is Peyton McCaughey last year, celebrating his 9th birthday with friends. A year later he's spending his 10th birthday at Miami Children's Hospital, struggling to recover from brain damage, a suspected poisoning from pesticide.

[12:45:06] According to the family's lawyer, the pest control company called Sunland a subcontractor of Terminix fumigated the family's Palm City Florida home for termites on August 14th using a gas called sulfuryl fluoride two days later the family was told it was safe to return. But Mom Lori and Carl, their 7-year-old daughter and 10-year- old Peyton all quickly got sick.

Peyton's condition was the worst.

ED GRIBBEN, UNCLE OF PEYTON: He was eye's rolling, legs weren't, you know, it couldn't hold himself up.

GANIM: The fourth grader who loves playing sports and mind craft and he's known for a smarts and wit, now has trouble speaking and moving his arms and legs.

His uncle told CNN that Peyton has lost 90 percent of his motor skills.

GRIBBEN: He still got his sense of humor, he still got his personality. But he has got to be so frustrated that he knows what he wants to say and he knows what he wants to do. And he just can't do it. It's very hard to watch.

GANIM: A source tell CNN the Department of Justice and the EPA are now investigating.

Terminix responded saying "We're saddened to learn of this and our hearts are with the family. We are carefully reviewing the matter."

Peyton isn't the first to fall ill this year after a botched Terminix fumigation.

In March a family of four vacationing on St. John in U.S. Virgin Islands fell gravely ill when Terminix sprayed methyl bromide in a villa adjacent to theirs.

Methyl bromide isn't approved for use indoors in the United States. And six months later as that family continues to struggle to recover, the DOJ also continues to investigate what led to their poisoning.

The EPA has said they found other instances where there was improper application of pesticides.

(END VIDEO CLIP)

GANIM: Now to be clear Martin, you saw Terminix commented but the subcontractor that actually sprayed they have not commented.

The Peyton's family has setup a GoFundMe page to raise money for their families so that his parents can be with him while he recovers. Martin.

SAVIDGE: Yeah, absolutely our thoughts are with them.

Thank you very much Sara Ganim.

And we're back in a moment.

(COMMERCIAL BREAK)

[12:51:29] SAVIDGE: Tom Brady is commenting for the first time since the federal judge ruled in his favor deflate gates Thursday Brady's four gamers suspension for what the NFL says were deflated footballs used during this USA championship was game terminated by Judge Richard Berman.

Now Brady is trying to posting to some Facebook quote, I want to thank my family, my friends all of the fans, past and current players and my teammates for the support they have given me throughout this challenging experience.

I also want to thank Judge Berman and his staff for their efforts to resolve this matter over the past five weeks. I am very grateful. OK.

But it may not be over at least for New England patriot quarterback, the guy we were just talking about because the NFL is now appealing. So let's bring in our legal guys. Avery Friedman a civil rights attorney and law professor, he's from Cleveland my home town and Richard Herman a New York criminal defense attorney and law professor he joins us from Miami, it is so good to see both of you I've missed you guys. But I got to say ...

AVERY FRIEDMAN, CIVIL RIGHTS ATTORNEY: Well, I've missed you too Martin.

(CROSSTALK)

SAVIDGE: Your legal minds, I believe, are wasted on this subject. But that's it. Let's go forward I'm sure you're the ones that brought it up.

So let me ask you Avery do you agree with what the judge has now ruled?

AVERY FRIEDMAN, CIVIL RIGHTS ATTORNEY: I love this opinion Martin, I think over the haze and fog of the NFL commissioner we know have high definition theory.

When the judge talked about something -- I haven't seen any commentary on it, law of the shop, law of the shop it's a labor law doctrine and its substituted what we saw the commissioner come up with, with the judge said he dispensed his own grand of industrial justice.

A very dramatic way of saying he totally missed the vote here and then 40 pages in a very, very clear way he said look it, this was prejudicial, it wasn't fair, it was fundamentally unfair and therefore I have no alternative, but to vacate the four game suspension and close the gates.

SAVIDGE: OK, So, Richard let me ask you this, what's the likelihood -- the NFL says their going to appeal. I don't know why it seems like they should just be over and going to move on, they've got to cease and ready to begin.

What are their chances of success if they go on appeal?

RICHARD HERMAN, CRIMINAL DEFENSE ATTORNEY: Well, Martin, now will have a legal discussion I suppose to (inaudible) discussion, OK?

This appeal, this is a legitimate appeal and this appeal is going to win and with all due respect to Judge Berman who I admire and I've been before him many times and I think his one of the finest judges in the southern district, he missed the vote on this and this is why, this is precisely why? This is a matter of contract law, the NFL and the players entered into a collective bargaining agreement, they agreed and negotiated the terms of that agreement.

One of those terms vested total power in the commissioner to sanction and penalize players, they gave him that right, if they should not negotiated that term, but they gave him that right, he has that right, he exercise that right and absent of claim to undo the contract to rescind the agreement. The NFL, the players agree to these terms, the courts have no ability or authority to step in here Judge Berman was wrong the second circuit on appeal will reverse Judge Berman, that's what's going to happen here Martin.

SAVIDGE: Well, is this going to go all the way to the Supreme Court? I mean I just -- and it seems to me that all of this is just been great way for football fans to get through the off season which they've done, they bet nothing but tweeting to do on this. And now it's over and they can say "Oh, let's get on with the real game at hand." I mean is this going to change the law?

[12:55:15] FRIEDMAN: That's exactly right. As the matter fact I must say that what Judge Berman did was said "knock off," the NFL commissioner from any sue in this, if you want to negotiate in a collective bargaining agreement on an offense you identify the offense, that's what 40 pages says. And identify what the punishment is.

In this case what the commissioner did is said "Why you didn't cooperate and you were aware of the football deflating, and therefore we're going to equip, we're going to say its equivalent to the steroid policy."

Well, that's silly. And I think that the second circuit will be a three judge panel Martin.

SAVIDGE: All right, Avery look, we're going to run out of time here before you summarize. So let me just have Richard comment with the last word if you would Richard.

Do you think that this is really going to damage the NFL and the commissioner?

HERMAN: Martin I think the NFL has been permanently damaged by all of this and I will hope that the parties would enable resolve some sort of amicable resolution here, there's just a lot black eyes all over the NFL or with this commissioner, I think his done when his term is up he will never be reinstated and there's a real blemish on the NFL over the last year -- two years...

SAVIDGE: I tell you what Richard we got to run, but I'll see if you actually live up to that forecast I don't buy it because made to it -- waiting for the NFL.

Thank you both it's great to see you and you guys have a great holiday weekend.

We got a lot more ahead of the NEWSROOM. But we got to take a quick break.

(COMMERCIAL BREAK)