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American Morning

Were Warning Signs Ignored?; Kagan Visits Capitol Hill; Philly Cop Shoots Self; Majority of Mexican Asylum Appeals Denied; Arizona Passes Law Banning Ethnic Studies in Public Schools; Military "Reserved"

Aired May 13, 2010 - 08:00   ET

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


JOHN ROBERTS, CNN ANCHOR: Thanks for joining us on the Most News in the Morning. It's a Thursday. It's the 13th of May. I'm John Roberts.

CHRISTINE ROMANS, CNN ANCHOR: And I'm Christine Romans. Kiran Chetry is off today.

Here are the big stories we'll be telling you about in the next 15 minutes.

Disturbing new pictures of the oil leak in the gulf from the source. Fresh crude can be seen pouring into the ocean, along with natural gas, a cocktail for an environmental catastrophe. And we should know soon if that "top hat" containment box on the ocean floor can stop it.

ROBERTS: Plus, one boy's miraculous survival. He was the only person pulled alive from the wreckage of that horrible plane crash in Libya's capital of Tripoli. We'll have the latest on the boy's condition and the investigation into why that aircraft went down.

ROMANS: And supreme theater, the meets and greets, the photo- ops. High court nominee Elena Kagan begins the ritual of meeting with senators who will decide whether she gets the job for life. We'll take you inside the Capitol like no one else can this morning.

And, of course, the amFIX blog is up and running. Join the live conversation right now. Just go to CNN.com/amFIX. We'll be reading some of your comments throughout the morning. Already, a lot of good ones in there.

ROBERTS: We may know by tonight whether or not that so-called top hat containment box on the ocean floor can cap a raging oil spill in the Gulf of Mexico. Here's the latest this morning. BP is finally releasing video of the source of the spill showing crude oil and natural gas pouring out of that broken well pipe.

ROMANS: We're also learning critical warning signs may have been ignored on the night the oil rig exploded and burst into flames. With more than 4.5 million gallons of crude now staining the Gulf, President Obama is asking Congress for more than $100 million to help clean it up.

ROBERTS: A lot of new developments on this story this morning. Our David Mattingly is live. He's on Grand Isle, Louisiana.

And, David, what can you tell us about efforts to cap the leak and stem the flow of oil into the Gulf?

DAVID MATTINGLY, CNN CORRESPONDENT: Well, John, we actually have two plans in play this morning. One is that top hat we've been hearing about, that smaller size dome that they plan to lower over the top of that leaking pipe that we saw on that BP video. The plan is to collect that oil and pump it to a ship on the surface of the Gulf of Mexico. They've also at the same time got a plan going where they could use a pipe, to insert a pipe inside that huge leaking pipe at the bottom of the ocean.

So, they've got those two plans in play. They hope that one of them will work this time. They hope to have it in play today, tomorrow, but definitely, by this weekend. That's the time frame they are looking at to have this pipe covered and that oil being collected.

And when -- if they are successful, they will be able to collect a large percentage of the oil that's now leaking into the Gulf of Mexico. So, these next 48 hours are going to be very critical in terms of what they are going to be able to do to slow this leak down.

ROBERTS: David, it's a beautiful stretch of beach behind you there on Grand Isle. Have you seen any signs, so far, of that oil slick coming ashore?

MATTINGLY: That oil slick not coming ashore in Grand Isle yet. What we're looking at though -- it's already come ashore to the east of us, on the barrier islands of Louisiana. Also reports yesterday from the governor's office that it is coming ashore on a barrier island to the west of us, that's that way, on one island there.

So -- and you see this wind is pretty strong this morning. We're at the largest, the longest sustained period of winds pushing this slick to the west. And this continues, we are likely to see more of that oil coming ashore to the west of the mouth of the Mississippi River threatening more shoreline and more fishing areas that earlier had been spared.

ROBERTS: David Mattingly for us on Grand Isle, Louisiana -- David, thanks so much.

Right before that oil rig in the Gulf exploded into flames last month, BP knew that there was a problem but did not halt production. According to California Congressman Henry Waxman, BP officials privately admit that the well failed a critical pressure test just hours before it erupted in smoke and flames.

A test suggested that natural gas could have been seeping into the system which would have been a cocktail for catastrophe.

(BEGIN VIDEO CLIP)

REP. HENRY WAXMAN (D), CALIFORNIA: Information reviewed by the committee describes an internal debate between Transocean and BP personnel about how to proceed. What we do know is that shortly before 10:00 p.m., two hours after well operations apparently resumed, gas surged from the well up the riser and the rig exploded in a fireball.

(END VIDEO CLIP)

ROBERTS: Eleven workers on that rig are missing and presumed dead.

We called BP to get their reaction to Congressman Waxman's claim. The oil giant says the matter is under investigation. And until that investigation is complete, there will not be any further comment.

ROMANS: Along the Gulf Coast, in places like Dauphin Island, Alabama, the oil slick offshore is threatening a lot of livelihoods. There is an all-out effort underway now this morning to hold it back. And a lot of people are pinning their hopes on the mysterious white powder.

Reynolds Wolf is live in Gulfport, Mississippi, this morning.

Hi, Reynolds.

REYNOLDS WOLF, AMS METEOROLOGIST: Hi, guys.

The white powder that we've been doing talking about is a very fine material -- it's almost like sand -- is created by CI Agents, a company out of Kentucky. And the way it works is pretty amazing.

Now, we're going to show you some video. And what the video is going to show is, again, a bowl of water. In the water, in sake of oil, we are actually using diesel fuel that we're going to spray across the top of it. And then you see that white powder, which is like sand or maybe even a baking soda.

Now, it's not a chemical. It is a polymer. And what that polymer does, it actually bonds those fuel or, rather, in this case, I guess, oil molecules together. And then what it does is it just keeps it right on the very surface of the water. And then, it's able to be skimmed off. It's an amazing process.

And what they plan on doing is actually putting some of that powder right in the middle of some of those HESCO barriers some four miles of them that stretch along the beaches in Dauphin Island, so when the water and the oil pass through, go up on the shore and pass through there, you'll have the water going through it no issues, but, of course, right in the middle with that powder, it's going to bond with that oil.

Now, the amazing thing about it, it is said to be biodegradable. It's said to be safe. In fact, it's even edible, they say.

So, the game plan is, if the oil comes through, it passes, it collects right there in the HESCO barrier. They'll be able to get shovels or they can even use their hands to pick it up, possibly put it into a landfill. Now, after a matter of time, they say that the substance will actually begin to harden. They can actually use it to surface roads. They can use it as soles of tennis shoes. Interesting thing. You know, they say mother, they say -- people have to come up with great ideas in situations like this. And this is one of many.

Very interesting to see how it works. It was actually used back in 2003 along the Ohio River, a much smaller situation, but an oil containment situation. And it was met with great success.

So, we'll see how this one plays out.

ROBERTS: I think necessity is the mother of all invention was what you were looking for.

WOLF: That's what I was trying to say.

ROBERTS: All right. Wow, this is pretty amazing stuff. And so many great ideas that people are coming up with, everything from that powder, to hay to hair. It's all of this being employed?

WOLF: Every bit of it. I mean, they're desperate right now. Let's be honest.

I mean, we get that leak that we've been showing, the new video released by BP, which is just mind-boggling. You see the natural gas coming out, you see the crude coming out at a rate of 5,000 barrels per day. They are doing everything they can to stop it. So, all ideas are welcome.

ROBERTS: All right. Reynolds Wolf this morning -- Reynolds, thanks so much.

Just in to CNN, Venezuela's president, Hugo Chavez reporting on Twitter that an offshore natural has sunk into the sea.

ROMANS: The oil minister there says the 95 workers were safely evacuated and the accident poses no threat to the environment. The rig's owner say it's still not clear exactly what happened with the platform had been listing.

ROBERTS: All right. Well, it's being called a miracle. An 8- year-old Dutch boy, he's the only survivor of yesterday's devastating plane crash in Libya, he'll ill undergo more tests today -- already had surgery for multiple fractures. Doctors say that he is doing well and talking.

One hundred and three people died in that crash yesterday. The Afriqiyah Airways flight originated in Johannesburg, South Africa. Investigators are examining the flight's data recorder to try to figure out what went wrong.

ROMANS: Also new this morning, less than two weeks after the Times Square bombing attempt, New York City lawmakers are slamming the Obama administration for cutting $53 million from the city's terror fighting budget. But that's only part of the story. Our Ed Henry actually found out when you take into consideration money from the Recovery Act to deal with port and transit security, the city comes ahead by $47 million.

ROBERTS: Those pesky facts, again.

The Pentagon says cyber threats to the U.S. are increasing. But there are no easy answers when it comes to dealing with them. Officials are conducting possible scenarios so they can come up with rules on cyber warfare. But officials say there are lots of gray areas, like when to consider an attack or threats severe enough to actually warrant a military response.

ROMANS: The celebration got out of hand last night in Montreal after the Canadians knocked the NHL defending championship out of the Stanley Cup playoffs. Police fired tear gas at hundreds of looters and bottle-throwing fans after Montreal defeated the Pittsburgh Penguins five to two. About 2,000 people were arrested and two police officers were injured.

ROBERTS: Vive les de (INAUDIBLE)!

And a wild fire burning 300 acres near homes in Riverside County, about 50 miles east of Los Angeles, forced the partial evacuation of a mobile home park. It's been dry and blustery there. But firefighters don't have the dreaded Santa Ana winds to deal with right now and expect to have the fire under control sometime this morning.

ROMANS: All right. Well, let's talk about weather, a quick check of the morning's headlines. Jacqui Jeras in the extreme weather center.

Jacqui, what are we looking for?

JACQUI JERAS, AMS METEOROLOGIST: Well, we're looking from fires to floods today, guys. Too much rain across the nation's midsection is our lead story today. And rain is coming down at a rain of an inch an hour at times.

We do have a couple of severe thunderstorm watches, new one just issued south of Chicago, across central parts of Illinois. And then we're also watching a strong line over here across parts of Oklahoma, as well as into Arkansas. So, be aware of that thread. Wind damage will be our primary concern there.

This is the main storm system across the U.S. Things are pretty quiet out to the west. That is certainly helping the fire situation. We do have some travel problems. We'll talk a little more about your travel forecast when I see you guys again.

ROMANS: OK. Jacqui Jeras in Atlanta -- thank you, Jacqui.

ROBERTS: Want a job for life? You got to do about 100 interviews. We'll take you inside Supreme Court nominee Elena Kagan's day on Capitol Hill, and another busy one ahead.

It's 10 1/2 minutes after the hour. (COMMERCIAL BREAK)

ROMANS: Welcome back to the Most News in the Morning. It's 13 minutes past the hour.

New this morning: Arizona's governor, Jan Brewer, just approved a bill banning ethnic studies classes in public schools. Supporters are worried these courses promote resentment of other racial groups. At 8:40 Eastern Time, we'll talk live with the state's school superintendent who supports this bill and a state lawmaker who's deadest against it.

ROBERTS: President Obama tours Buffalo today. It's part of his White House to Main Street Tour. He's going to visit a metal fabrication plant and hold a town hall meeting on the economy. Nearly 30 percent of Buffalo's population is now living at/or below the poverty level -- nearly 30 percent.

ROMANS: It's become a modern-day ritual for a Supreme Court nominee, the meeting, the greeting, the smiling and the whole thing. Now, it's Elena Kagan's turn.

ROBERTS: Yes. Back on Capitol Hill for yet another round of courtesy calls. A tsunami of press is dying for her to please exercise her First Amendment rights and give us some little nugget. They are probably not going to get much.

Dana Bash takes a look at the process like you've probably never seen it before.

(BEGIN VIDEOTAPE)

DANA BASH, CNN SR. CONGRESSIONAL CORRESPONDENT (voice-over): Elena Kagan's very first meeting here in the Senate is in friendly territory, right here in the office of Senate Majority Leader Harry Reid. We're going to follow her.

SEN. HARRY REID (D-NV), MAJORITY LEADER: We're very grateful that you agreed to accept this assignment from the president.

UNIDENTIFIED MALE: OK. Thank you very much.

BASH: Why are they so skeptical of you?

Well, we tried to ask a question of Elena Kagan, but didn't get very far. She actually didn't say anything in that meeting which is not unusual. That is very much the tradition of these meetings. The ritual is that Supreme Court nominees come, they sit, they smile with senators and don't say a whole lot.

Miss Kagan, how does it feel to be here?

We are we are now waiting for Elena Kagan's second meeting here in the Capitol. And it is a very different audience. It is Republican Leader, Mitch McConnell, who just moments ago, went on the Senate floor right over there and said that he is worried that President Obama nominated Kagan in order to rubber stamp his policies while on the court.

SEN. MITCH MCCONNELL (R-KY), MINORITY LEADER: I know this will be a challenging process to go through, it always is for a lifetime appointment of this consequence.

BASH: Will you reassure the senator you won't be a rubber stamp for Obama policies?

Now, behind that door, the real meeting is taking place. What we saw was just the beginning. And she may not have answered our questions but one-on-one with the senator, without the cameras there, it is a different story.

How are your meetings so far?

ELENA KAGAN, SUPREME COURT JUSTICE NOMINEE: It's been fun.

BASH: Now, she is going to meet with the man who is going to be in charge of her confirmation hearings, Senate Judiciary Chairman Patrick Leahy.

SEN. PATRICK LEAHY (D-VT), JUDICIARY CHAIRMAN, DEMOCRAT: Mrs. Kagan, somebody will ask the wild question, well, that's what they are paid to do but--

KAGAN: Just ignore it.

LEAHY: Yes.

BASH: How about this question, are you dying to talk?

UNIDENTIFIED FEMALE: Senator Sessions, how important are these meetings today?

SEN. JEFF SESSIONS (R-AL), JUDICIARY COMMITTEE: I think they are important. I think it gives an opportunity to really see the human being behind all the media and the TV hype that's out there. I look forward to it. I think it is helpful.

BASH: And that's a key point we just heard from the top republican on the Senate Judiciary Committee, Jeff Sessions, who is having his meeting with Elena Kagan right now. That is what these courtesy calls do give senators who have decide her fate an early sense of what questions they will still have later on and ultimately, whether they can support her.

Dana Bash, CNN, Capitol Hill.

(END VIDEOTAPE)

JOHN ROBERTS, CNN ANCHOR: Well, still to come on the Most News in the Morning, a new investigation into several major Wall Street banks. Our Stephanie Elam here "Minding Your Business" this morning.

(COMMERCIAL BREAK) ROBERTS: Nice surprise for the summer travel season. Experts predict that gas prices have already peaked and could fall below last summer's high which was about $2.77 a gallon.

ROMANS: Famous last words. A small sign of improvement about foreclosures, says one listing firm, because rates are down 2 percent from last year's. The first annual drop in foreclosures in five years. While there are fewer delinquent homeowners, experts say the number of people losing their homes still is rising. The bank sees a record 92,000 homes in April.

Can you imagine 92,000 homes being seized? That's 92,000 sheriffs, the same sheriffs of old times, putting the padlock on the front door.

ROBERTS: You put a little black cloud over my gasoline prices story and a black cloud over the foreclosure crisis story is that a lot of states have declared moratoriums on foreclosures which is why those numbers may have gone down.

A popular child's toy is being recalled. The Step Two Company said, its Push Around and Whisper ride toys poses serious risk of injuries. There have been 28 reports of the handles detaching. More than 2.5 million models have been recalled.

Stephanie Elam here this morning, "Minding Your Business." Good morning.

STEPHANIE ELAM, CNN BUSINESS CORRESPONDENT: Good morning. Yes, you know, do you guys like roller coasters?

ROBERTS: The last time I rode a roller-coaster, I got a really bad headache. I went on it three times in a row.

ELAM: You know how roller coasters start out at one place and then you go through all that craziness and then you get back at the same place. That's pretty much what we have done since last week. And that's where we are.

Let's take a look at what's happened with the markets over the last week. So, Wednesday to Wednesday, you take a look at the craziness. You can't see it as defined, that 1,000 point drop that we had last Thursday. But, it's in there too. And you look at that. For this point, we are now back above where we were before the flash crash of Thursday.

We are actually about 28 points above that. So things are looking a little bit better. We are 10,896 on the Dow. Yesterday, we were up 149 points. It was actually a pretty normal day. We were just up throughout the whole day. Nothing crazy. None of those big up and down arrows like John is drawing right now. None of that was occurring yesterday.

And this is really because of the fact that we had good economic news. We have been getting that, by the way, we have been getting strong numbers from earnings from companies. That has all been there. That's really been good. But, everyone has been focused on this crisis in Europe and whether or not it was going to spread over here. It looks like some of that has died down. So, we have been doing a little bit better.

But, there is one other point that I would like to point out here too. It's just what's going on here according to the Wall Street Journal. Regarding some probing that they are doing into some of these Wall Street banks. Want to know, basically, if they were misleading investors in some of these mortgage bond deals, and they are making the right disclosure.

So, you have the probe expanding to UBS, Morgan Stanley, J.P. Morgan Chase, Deutsche Bank, Citi as well, Citi Group has no comments. Yesterday, we heard from J.P. Morgan Chase saying they are not aware of any investigation. UBS also saying they have no comment at this point. But this could weigh on stocks today. We already know Goldman Sachs, we already know Morgan Stanley are under investigation.

ROMANS: I think there is no question that everyone, that regulators both the SEC and the Justice Department are looking into all kinds of transactions from 2006 to 2007 just to take a look. So much happened in the economy in the financial system, how could they not?

ELAM: Yes, and the Manhattan U.S. Attorney General's office as well. They are looking in to make sure that everything was on the up and up. They have been looking. And so we are just now starting to get this probe. You know, if you look at the recession began in '07. We had a lot of issues in '08. So a lot of this is taking time for them to go through and find out exactly what is going on. So, multiple probes. We are keeping our eyes on them.

ROBERTS: Not exactly confident, when the people who are running the place are going, wonder what happened?

ELAM: That's not helpful.

ROMANS: Have you read some of the term sheets from some of the CDOs they were selling. It's -- I mean --

ROBERTS: I read those every day just before I got to bed.

ROMANS: I was about to say, it must be at bedtime.

ELAM: They are complicated.

(CROSSTALK)

ROMANS: I know, she gets very excited about it, though.

ROBERTS: I know. What was it that you told me you read this morning, some defense paper?

ELAM: The Quadrennial Defense Review. Every American should read the Department of Defense Quadrennial Defense Review. It is incredibly important about what are the things out there that Americans should know about.

ROMANS: Do you hear yourself?

ROBERTS: I am still trying to make my way through the Food Network magazine.

ROMANS: She had to laugh at herself.

ELAM: I know.

ROMANS: He was shot in the line of duty. And he was called a hero. But now, one Philadelphia cop's story is unraveling and unraveling fast. He lost his job and he lost the respect of his community. We are going to explain this amazing story next, that's next. It's twenty-four minutes after hour.

(COMMERCIAL BREAK)

ROMANS: Welcome back to the Most News in the Morning.

A Philadelphia cop who just weeks ago was being called a hero has now lost his job and the respect of the city's police force. He was shot in the line of duty, but his fellow officers found a lot of holes in that story. And as our Randi Kaye tell us, now police finally know who really pulled the trigger.

(BEGIN VIDEOTAPE)

RANDI KAYE, CNN CORRESPONDENT (voice-over): It was 4:00 in the morning in Philadelphia when the radio call came in -- cop shot. A white police sergeant said he had been shot by a black man. Officers responded in force, an all-out search of the African-American neighborhood in Philadelphia's 19th Precinct where Sergeant Robert Ralston said it all went down.

(on camera): The sergeant told the story this way. He had come across two black men along the railroad tracks on the morning of April 5th. One ran away, he said, the other pointed a silver revolver at his head. He knocked it away, he said, but it fired anyway and the bullet grazed his left shoulder. He also said he fired one shot, but wasn't sure if he had struck the suspect.

(voice-over): Police gave thanks their man had survived. Tragedy averted, they said.

The white cop described the shooter this way, dark skinned, braided hair and a tattoo next to his eye. But police never found the black shooter or anyone matching that description. And now, more than a month later, we know why.

The real story, the two black men the cop said he encountered never existed. Philadelphia Police Commissioner, Charles Ramsey, says Sergeant Ralston made the whole thing up.

CHARLES RAMSEY, PHILADELPHIA POLICE COMMISSIONER: It was clear to us soon after it took place that this simply was just not true. The evidence just didn't support the story he was giving.

KAYE: But wait, what about the sergeant's shoulder wound? The commissioner said Sergeant Ralston actually shot himself, which may be why he said he got off one shot at the suspect, an explanation as to why his gun had been fired.

RAMSEY: A test was run on his shirt. The powder on the shirt matched the same kind of ammunition we use in the department.

KAYE: That's right. The gun powder on the sergeant's shirt was the same kind his own weapon used. And there is more, the angle at which the bullet struck him didn't square with his story either says the commissioner.

We tried to ask Sergeant Ralston to explain but outside his home, he dodged our cameras and ducked inside.

UNIDENTIFIED MALE: Can you tell us why you did that, sir?

KAYE: Neighbors called the sergeant's actions a sad statement.

UNIDENTIFIED MALE: I can't believe he would really do something like that. That is really uncalled for. He -- Ever since I remember, he has really been like anti-social around this area.

KAYE (on camera): What's still unclear is why Sergeant Ralston, a 21-year veteran of the force, would make up such a wild tale. Only after hours of interrogation, police said, did he finally admit he shot himself on purpose. The police commissioner says he may have done it for a job transfer or maybe for attention, but that the sergeant didn't give a reason.

(voice-over): The police commissioner calls this a "terrible and embarrassing chapter in the department's history."

COMM. CHARLES RAMSEY, PHILADELPHIA POLICE: The fact that he stated that two African-Americans were involved in this, again, just, I think inflames tensions in our community, something we certainly do not need.

KAYE: Sergeant Ralston has been suspended with pay, the commissioner says he will be fired. He was given immunity in exchange for his confession, so he doesn't face criminal charges, but he will have to pay for the massive manhunt to find his phantom suspects. Cops are still adding up the costs.

The days of calling Sergeant Robert Ralston a hero and crediting his quick actions for saving his own, long gone.

Randi Kaye, CNN, New York.

(END VIDEOTAPE)

ROMANS: We now know that the Philadelphia Police Department is going to retire Sergeant Ralston's badge number for good. And the "Philadelphia Inquirer" reports that Ralston will likely still be able to collect his pension which could cost the city about $24,000.

ROBERTS: Crossing the half hour now, that means it is time for this morning's top stories. Questions are emerging about whether BP knew that something was wrong before that oil rig in the gulf exploded last month.

According to California Congressman Henry Waxman, BP officials testified privately that the well failed a key pressure test hours before the blast. That test suggested that oil or gas was seeping into the system. Waxman claims that could have led to the explosion. BP says the matter is being investigated.

ROMANS: It is being called a miracle that an eight-year-old Dutch boy is the sole survival of a plane crash that killed 103 people in Libya. The boy is being treated for breaks in both legs, but doctors otherwise say he is doing well and talking now. The jetliner crashed minutes before landing after flying in Johannesburg.

ROBERTS: Firefighters hope they are going to have a wildfire burning in southern California contained later this morning. The fire broke out 50 miles east of Los Angeles. So far, no reports of any injuries or even any damage.

ROMANS: The brutal drug trade violence in Mexico is pushing our neighbor to the brink and forcing many of the resident to flee their homeland.

ROBERTS: But many people looking for a way out of the chaos are facing enormous obstacles here in the United States. Our Thelma Gutierrez has a story this morning that you will see only on CNN.

(BEGIN VIDEOTAPE)

THELMA GUTIERREZ, CNN CORRESPONDENT: There are few stories we report on that could be considered life or death, but this young woman told us this is one of them. She says her situation is so sensitive, if her identity leaked out, her relatives would be killed in Mexico and she would be hunted down here.

She agreed to meet with us at a safe house somewhere in the southwest. The 23-year-old law student from Mexico whom we will call "Jackie" is seeking political asylum in the United States.

GUTIERREZ: Are they threatening your family to try to find out where you are at?

Two years ago, Jackie's father, a state judicial police officer, disappeared just as he was preparing to expose corruption within his own department.

The case made headlines. Jackie says when the family sought justice, they came under attack. She says her brother was framed and imprisoned, her mother raped and Jackie beaten.

She says five people paid with their lives for helping her escape from Mexico. GUTIERREZ: Immigration attorney Eduardo Beckett says he has seen it all before.

EDUARDO BECKETT, LAS AMERICAS: I had a case where an entire finally was gunned down with an AK-47.

GUTIERREZ: Beckett says he's inundated with calls for help from Mexican nationals, 500 since January. He took Jackie's case and built a small mountain of evidence in support of her asylum claim.

BECKETT: The persecutors in that case were state judicial police, so there were state actors abusing their power.

GUTIERREZ: In court, a federal judge believed Jackie's story but denied her an asylum, saying she was a victim of a corrupt individual and not the Mexican government and that Jackie could simply seek relocation to another part of Mexico.

UNIDENTIFIED MALE: We never tell the Chinese, you were persecuted in this part of China, but why don't you move to the other side of China?

GUTIERREZ: Donald Kerwin tracks asylum cases for a Washington think tank. He isn't surprised by the court's decision.

DONALD KERWIN, MIGRATION POLICY INSTITUTE: What's interesting is that those cases are being denied at fairly high rates.

GUTIERREZ: In fact, out of 2,800 asylum cases from Mexico last year, only 62 were granted.

BECKETT: The way they look at these cases if you start giving asylum to one Mexican, you open up the floodgates for many.

GUTIERREZ: but it's her father's memory that keeps her going.

GUTIERREZ (on camera): What was your dad like?

GUTIERREZ (voice-over): She says he was an honest man, an excellent father who respected and true to his principles. She says, if more people were like her dad, there wouldn't be so much corruption, so many deaths, and innocent people like her would have no reason to run from their own country.

Thelma Gutierrez, CNN, Los Angeles.

(END VIDEOTAPE)

ROMANS: Arizona's new bill banning ethnic studies in public schools raising even more controversy in that state. Just ahead we're talking live with the Arizona schools superintendent who wrote the bill and the state lawmaker who's fighting it.

It's 36 minutes past the hour.

(COMMERCIAL BREAK) ROMANS: A new law bringing new controversy to Arizona this morning. It bans ethnic studies classes that, quote, "promote resentment of other racial groups."

Dozens of students rallied to protest, chanting that their education was under attack. Many were wearing shirts reading "Legalize Arizona." Joining us now is a man who wrote the bill, Arizona's school superintendant Tom Horne and Kyrsten Sinema, a member of Arizona's state house who voted against it.

Thank you for both of us for coming in and telling us what's happening inside Arizona. A lot of us are watching some of the events in Arizona and are very curious about some of the moves you have had to make and why you're making them.

Superintendent Horne, let me start with you. This all started with a program in Tucson that was an ethnic studies program that you said was moving into dangerous territory. What was happening there, and why are you moving in this direction.

TOM HORNE, (R) ARIZONA SCHOOLS SUPERINTENDANT: Well, my philosophy, I believe, is the fundamental American value is that we are individuals. We are not exemplars of the race we happen to have been born into. What's important is what we know, what we can do, what is our character, not what race were we born into.

And in Tucson, they divided the kids into different races. So African studies for the African-Americans, Raza for the Latino kids, "raza" means "the race" in Spanish, Asian study for the Asian kids, Indian studies for the Native American kids.

And particularly, in the raza stud studies, they taught a radical, separatist agenda. We have testimony from teachers and ex- teachers that they were teaching kids that they live in occupied Mexico, that the United States is oppressive. They were making them angry. They used a Marxist book, "The Pedagogy of the Oppressed," whose sources are Marx, Engels, Lenin, Che Guevara and the philosophers who influenced them.

ROMANS: You are saying the taxpayers shouldn't be footing the bill.

HORNE: Yes, I am.

ROMANS: You don't think they should be footing the bill for this.

HORNE: And let me say, I think you have a picture of them dressed up as revolutionaries.

ROMANS: You say that picture is objectionable. These are the students protesting, and you say it's revolutionary and hearkens back to a time that -- you don't want to be pushing this kind of agenda, taxpayers in the public school.

But Kyrsten, you say this is a complete overreaction. You voted against this. This bill was passed. It is law, but you voted against it. Why?

KYRSTEN SINEMA, (D) ARIZONA STATE HOUSE: That is absolutely right. First, I want to point out that Tom is actually incorrect when he states that students were divided into these courses.

The fact is very clear that these courses are open to all students. So any student of any race and ethnicity can take an African-American class and learn about the history of slavery and the civil rights movement.

Similarly, they can take an Asian-American studies class and learn about the history of Japanese internment camps and the exclusion of Chinese Americans from our country. And that's an important part of the American education system.

ROMANS: They are teaching those things outside of these ethnic stud studies classes I would assume in social studies and in history. Am I right?

SINEMA: Right. The difference is that this provides an optional opportunity for student to learn more in-depth about certain subjects in our history. And I think that's an important choice for student in high school if they want to learn about these aspects of our culture and our history.

ROMANS: I want to bring up the text of the bill, just so that the viewers can see exactly what it is that is the source of all of this argument, because it comes at a time, it comes on the heels of an immigration law that many people from the outside are looking in and saying, what's going on in Arizona?

So I want to take a look at quickly what it says. Basically, it is a House bill, 2281, signed into law by the governor, Jan Brewer, that says "School districts or charter schools shall not include courses that promote the overthrow of the United States government, promote resentment toward a race or class of people, are designed primarily for people of a particular ethnic group, advocate ethnic solidarity instead of the treatment of pupils as individuals."

Kirstin, what in there do you take issue with, or is it how you think it will be enforced and enacted on the ground?

SINEMA: The last two points I take issues with.

First of all, a course called African-American Studies is not necessarily designed for one race, although Tom has interpreted it that way.

And the final point is ethnic solidarity -- I think it's important for students to learn about their own cultural heritage and for students to have the opportunity to learn about other cultures and ethnicities that make up the diverse and wonderful state of Arizona.

ROMANS: And Tom, it is a diverse and wonderful state. I was there a couple of years ago doing a lot of stories about education as well in Arizona. I think a lot of people on the outside looking in, they are wondering what's happening in Arizona after this immigration bill that many people say promotes racial profiling and has caused a deep divide.

What about the timing of this? Haven't these classes been going on for 14 years or something? Why right now?

HORNE: Well, I've been fighting it for four years. The last two years I tried to get a bill passed. The first two years, I worked with Tucson trying to get it changed, in the last two years, trying to get a bill passed.

And really this bill is not an anti-immigrant bill. It's a bill designed to get schools to teach kids to treat each other at individuals and not on the basis of what race they were born into.

Our social studies standards that are promulgated by my department require all kids in social studies class to learn about all different cultures. And student should learn about all different cultures.

But they shouldn't be ghettoized into separate courses where they learn only about the culture of the race they happen to have been born into. That's contrary to American values and doesn't teach them to treat each other as individuals.

ROMANS: Tom Horne, Arizona School superintendent, thank you so much. Also from the Arizona state house, Kyrsten Sinema. Thank you both for explaining that all to us.

SINEMA: Thank you.

HORNE: Thanks for having us.

ROBERTS: Well, it's 45 minutes after the hour now. You know of course our troops get medals for courage under fire. But now they might get one for holding their fire. We're live at the Pentagon with the story coming right up.

(COMMERCIAL BREAK)

ROBERTS: Well, new this morning, a military declaration that might confound veterans to some degree. The top commander in Afghanistan is considering a medal awarded to troops who practice courageous restraint, in other words for troops who don't kill civilians. U.S. military leaders say the idea is in its beginning stages and is consistent with its approach to war.

Barbara Starr is at the Pentagon this morning to tell us more of what this is all about. Good morning, Barbara. It's a little strange.

BARBARA STARR, CNN PENTAGON CORRESPONDENT: Good morning, John.

There is really no way to talk about this one other than in the most blunt of terms. This indeed is an idea to give a medal to soldiers who don't kill civilians in combat. What are we really talking about here?

Well, you recall of course the issue of civilian casualties in Afghanistan. It's a very tough issue. Afghans are very angry about a number of incidents where their people have been killed in military action. General Stanley McChrystal, his staff now reviewing both U.S. and NATO levels, the idea of giving a medal, an award to troops who exercise restraint on the battlefield and do not kill civilians.

McChrystal's top spokesman sent us a statement about all of this saying, quote, "In some situations, our forces face in Afghanistan, that restraint is an act of discipline and courage not much different than those combat actions that merit awards for valor."

Now, of course, General McChrystal has already tried to restrain civilian casualties, restricting air strikes, restricting nighttime raids by troops. This idea, however, is a new one. And it's not at all clear if it's ever been tried before -- John.

ROBERTS: So what are the troops saying about all of this, Barbara?

STARR: Well, you know, as I mentioned, when I heard this, I just went right up to the first U.S. Army soldier I could find and asked him what he thought about all of this. And to say that he rolled his eyes would be an understatement, I think. He said, look, we in the U.S. military, he said, we are trained to exercise what they call fire discipline, restraint on the battlefield.

They do not kill civilians. It happens. It's extremely inadvertent. But they are very well trained to try not to do this. And he said, why would the Army give me an award for doing my job and doing what's right? So this is likely to get a lot of skepticism, even from the troops -- John.

ROBERTS: It sure will. Barbara Starr at the Pentagon this morning, Barbara, thanks.

ROMANS: All right, it's ten minutes until the top of the hour. Jacqui Jeras is going to have the morning travel forecast right after the break.

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ROBERTS: Good morning, Seattle. Look at Sea-Tac airport this morning where it is 49 degrees; later on today, 72 degrees and lots of sunshine. A very nice day in Seattle today.

ROMANS: And it's six minutes until the top of the hour. Let's get a quick check of the morning's weather headlines. Jacqui Jeras in the extreme weather center -- good morning Jacqui.

JERAS: Hey, good morning guys.

Yes gorgeous, little offshore flow there in Seattle. Temperature pushing 70 this afternoon. One has to say it's going to be one of the best locations in the nation for weather today because we have a whole lot of ugliness out there.

Well, things are quiet out west. We do want to show you some pictures we have out of California where a wild fire started to burn there yesterday; 300 acres in Riverside County have been burning there. The winds have been very light so that's a little bit of good news. So hopefully, they are going to get this contained, they think, by even this morning. No structures burned, no injuries.

In the nation's midsection though, we're looking at showers and some thundershowers and some really heavy rainfall here. In fact we're going to rates of 1-2 inches per hour at times. Some of these storms could be severe.

And there you can see we have a tornado warning to the east side of Springfield. That storm is heading east, north easterly, this as a Doppler radar indicated tornado. But we are going to see these isolated strong to severe thunderstorms.

It is the rainfall here across the upper Midwest: Milwaukee, Chicago, Grand Rapids, over towards DETROIT where the rain is extremely heavy. We are getting lots of reports from these states now of some flooded streets so a few of those are starting to get closed off because the water is starting to rise so much. There you can see flash flood warning effects for Chicago, over towards the quad cities, 1-3 inches will be widespread.

If you are trying to travel today we've got a lot of problems already: Detroit, ground stop until 9:00; ground stop in Philadelphia; and we've got some ground delays at Chicago O'Hare, already over two hours. Yes two hours and it's already early in the game. We think that's going to stick around throughout much of date.

The big picture will show you that it is really the nation's midsection having all the problems. That's going to head into the northeast for tomorrow where you see some rain.

Temperatures nice and warm ahead of the system in the southeast but still, being very cool across the northern tier -- John, Christine.

ROMANS: Jacqui Jeras. Thank you Jacqui.

ROBERTS: Thanks Jacqui.

Well, ahead on -- I've got to give the wife a plug here -- ahead on "CNN NEWSROOM" with Kyra Phillips, every day more and more oil wiping out the fishing industry, threatening wildlife, ruining beaches, killing tourism. Kyra's going to be talking with the Coast Guard Commandant Admiral Thad Allen about efforts to hold it all back. Fisherman and a hotel owner on the coast will tell us how they're coping. All kinds of coverage of the oil spill in the Gulf coming up with Kyra Phillips on "CNN NEWSROOM" 9:00 a.m. Eastern.

Stay with us. We'll be right back.

(COMMERCIAL BREAK) ROMANS: A couple of can't-miss interviews for music fans coming up on Larry King tonight, an exclusive with recording artist T.I., it's his first interview since doing time on federal gun charges. And on Tuesday, Mick Jagger on the Stones re-release of "Exile on Main Street", that was their 10th album -- their 10th album back in 1972.

"LARRY KING LIVE" at 9:00 Eastern every night here on CNN.

ROBERTS: Remember the hit song off that one.

ROMANS: No.

ROBERTS: "Tumbling Dice".

ROMANS: Oh, really?

ROBERTS: Yes. Also recorded by Linda Rondstadt.

Continue the conversation on today's stories; go to our blog at CNN.com/amFIX. That's going to wrap it up for us. Thanks for joining us.

See you again here bright and early tomorrow morning. The news continues now with Kyra Phillips in the "CNN NEWSROOM".