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American Morning

Ruling Against Arizona: Judge Blocks Parts of Strict Immigration Law; Public House Hearing on Rangel Ethics Charges Scheduled Today; Arizona Immigration Law Showdown: The Legal Argument for Blocking Parts of the Law; Here's the Catch...; Fleeing Arizona; Feds Sues Military Contractor; Twitter Tracking America's Mood

Aired July 29, 2010 - 06:00   ET

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


JOHN ROBERTS, CNN ANCHOR: Good morning. It's a Thursday. It's the 29th of July. Thanks for joining us on Most News in the Morning. I'm John Roberts.

SARA SIDNER, CNN ANCHOR: And I'm Sara Sidner. Kiran Chetry is off today. A lot to talk about this morning, so let's get right to it.

It was supposed to take effect just a few hours ago. But police in Arizona cannot enforce key parts of the state's tough and controversial new immigration law this morning. Why? A federal judge struck down several provisions in the law. Arizona's governor is promising a fight. We're live in D.C. and the desert with reaction.

ROBERTS: No deals so far for New York Congressman Charlie Rangel who's tried to settle with House ethics investigators and avoid a public hearing today. A closer look at how Rangel's congressional ethics trial could play out just ahead.

SIDNER: And a big push to reopen the rest of the Gulf. Tests show that seafood is safe. Many fishermen, though, willing to eat what they catch just to prove it. But others aren't so anxious to return to sea if they don't see a little cash from BP.

And the amFIX blog is up and running. Join the live conversation right now. Just go to CNN.com/amFIX.

ROBERTS: First, the battle on the border taking a dramatic last- minute turn. Arizona's tough new immigration law took effect just about three hours ago. But one of the most controversial portions of it is on the shelf this morning. A federal judge blocked the section that required police officers to check a person's immigration status while enforcing other laws. That's the part that many Latino advocates call state-sponsored racism.

SIDNER: The decision isn't just stopping plans from protests, prayer vigils and civil disobedience today from Phoenix, all the way to Citi Field in Queens, New York where the Mets will play the Arizona Diamondbacks this weekend. And from the desert to D.C., we have the story covered for you. We're all over it. Jeanne Meserve is live in Washington. Jeff Toobin is here to flesh out the legal fight with us. And Thelma Gutierrez on the exodus of undocumented workers out of Arizona.

ROBERTS: First to Jeanne Meserve. She's standing by in Washington. And this court action, the first of many to come, I would expect, Jeanne?

JEANNE MESERVE, CNN HOMELAND SECURITY CORRESPONDENT: Yes. John, this decision is fanning the furious public debate over illegal immigration. And as you say, things are far from over in the courts.

The state of Arizona says it will appeal the ruling, blocking the most controversial provisions in the law. U.S. District Judge Susan Bolton issued an injunction stopping some parts of the law from going into effect. The requirement that police officers check the immigration status of people they stop, detain or arrest if there's a reasonable suspicion they're in the country illegally, a provision requiring immigrants to carry their papers at all times. And another that would make it a crime for undocumented workers to seek work in public places.

In a statement, the Justice Department said the court had ruled correctly that a patchwork of state and local policies would seriously disrupt federal immigration enforcement and would ultimately be counterproductive. But Arizona's governor, Jan Brewer, had a very different perspective.

(BEGIN VIDEO CLIP)

GOV. JAN BREWER (R), ARIZONA: I think that it's important to remind everybody that today, absolutely, the federal government got relief from the courts to not to do their job. And that means that now they've got this temporary injunction, they need to step up, the Feds do, and do the job that they have the responsibility to do for the people of America and for the people of Arizona.

(END VIDEO CLIP)

MESERVE: The specifics of the state's appeal of the ruling have not been announced but legal experts would not be surprised to see this case go all the way to the Supreme Court, John.

SIDNER: Jeanne, can you tell us a little bit of what the judge said in her ruling about this law and what she disagreed with?

MESERVE: Sure. Now the Justice Department had argued that the Arizona law would preempt the federal government's role, setting and enforcing immigration law. Judge Bolton agreed that some parts of the law would do that, calling it disruptive and counterproductive. She also wrote that the law made it likely that people legally in the U.S. would be wrongly arrested. That, she said, would impose a distinct, unusual and extraordinary burden on them. But as we've said, Bolton will not be the last judge to have her say on the law. What it means or whether it should stand, this is not the last word on the subject -- Sara, John. SIDNER: All right. Thank you, Jeanne -- John.

ROBERTS: Thank you, Sara.

As Arizona grapples with the issue, AMERICAN MORNING has combed through the studies so we could show you the numbers that mattered most. Take a look at this.

There are 130 million jobs in the United States. According to the Pew Hispanic Center, illegal immigrants are working about eight million of them in places like California, Nevada and Arizona. You see the biggest impact where illegal immigrants are believed to hold one out of every 10 jobs. By comparison, in a state like Virginia, the number is more like one out of every 100. That's West Virginia.

The impact of illegal immigration depends not only on where you live but on what you do. Pew says 25 percent of farm workers are here illegally. Nineteen percent in building maintenance, 17 percent in construction, and 12 percent in the restaurant industry. But Pew says there's not a lot of money to be made if you're in this country illegally. The median family income for undocumented immigrants is $36,000 a year -- Sara.

SIDNER: Also developing this morning, it's likely there are fatalities, according to military officials, after a giant C-17 cargo plane crashed and burned at Elmendorf Air Force Base in Anchorage, Alaska. Four crew members were on board that plane when it went down last night while practicing for an air show planned for this weekend.

ROBERTS: In just a few hours, New York Congressman Charlie Rangel could hear the ethics charges against him outlined in public. It's a first step in the rare congressional, quote, "trial," that could result in the 20-term congressman being expelled.

SIDNER: Rangel's lawyers have been negotiating with ethics committee investigators trying to avoid the public spectacle. But Rangel isn't backing down from the fight for now. Congressional correspondent Brianna Keilar is following developments. She's live for us now in Washington, D.C.? So how will this all go down today? Any reason to expect a last-minute deal?

BRIANNA KEILAR, CNN CONGRESSIONAL CORRESPONDENT: Well, at this point, we're not expecting a deal. I mean, anything is possible, right? But at this point, this appears to be going forward, despite the fact that many Democrats have told us privately they would really like to avoid this spectacle and this cloud of ethics issues hovering over them during a really tough election year. So what we're going to see is very much a rarity. This secretive process of the ethics committee. And I can't really stress how secretive they are. This is going to be thrust into the spotlight with a very public airing of the charges against Congressman Rangel.

Of course, he has a number of ethics issues that are hanging over his head. We're aware of several of them. He failed to pay taxes on rental income that he got from his villa in the Dominican Republic. Reportedly, he misused his rent-controlled apartments in his Harlem apartment building. He had multiple, multiple rent-controlled apartments saving a lot of money on rent and using one for a political office. He also failed to report hundreds of thousands of dollars in assets on his congressional financial disclosure statement. And also using his influence as a chairman, specifically using official letterhead to solicit donation for a project that bear his name in his district.

The interesting thing here, John and Sara, is that Rangel doesn't have to be at this hearing by the letter of the law, if you will. But from everything that he's telling reporters, he is going to be there and that will certainly add to the drama of this.

ROBERTS: This is obviously a big deal, particularly when you look at the individual involved here. When is the last time we saw a hearing like this?

KEILAR: Yes. You know, they call this is an adjudicatory subcommittee hearing, which I can almost hardly say. But in English, it is a big deal because we rarely see this.

2002, and we actually found some pictures of the last time that this happened. It was Jim Traficant of Ohio. And ultimately what happened here, this was -- I mean, this was so dramatic what happened in 2002. But ultimately what happened is he was kicked out of Congress, only the second member of the House to be kicked out of Congress since the civil war. Rangel here, what he can be facing, guys, is potentially a slap on the wrist. Just maybe a sort of a letter of reprimand but it could go all the way up to expulsion. We just don't know and there's that element of surprise. Maybe there is some alleged violation that we just don't know about and that could add to ultimately what happens here and how much trouble he's in.

ROBERTS: We'll be watching it all day long. Brianna Keilar for us this morning in Washington. Brianna, thanks.

SIDNER: Also new this morning, the commander-in-chief sitting down with the ladies of "The View."

ROBERTS: It's the first time that a sitting president has appeared on a daytime talk show. And President Obama focused in on issue number one, the economy.

(BEGIN VIDEO CLIP)

BARACK OBAMA, PRESIDENT OF THE UNITED STATES: So the last 20 months has been a nonstop effort to restart the economy, to stabilize the financial system, to make sure that we're creating jobs again, instead of losing them. And in the midst of all of that, we've also had the oil spill. We've also had two wars. We've also had a pandemic, H1N1, that we had to manage. And a whole host of other issues.

(END VIDEO CLIP)

ROBERTS: Both Republicans and Democrats have criticized the president for appearing on the show saying that the president should do serious news programs.

SIDNER: It's eight minutes after the hour now. Let's go ahead and get a quick check of this morning's weather headlines. Reynolds Wolf is in the extreme weather center. What do you got? I see a lot of stuff going on in that radar there?

REYNOLDS WOLF, AMS METEOROLOGIST: I'll tell you what. Parts in the Northeast as you're running out the front door, what you're going to be seeing is a lot of rain clouds and with that some scattered showers, a few storms, too. You're going to have to grab the umbrellas. As we head out, let's show you what else you're going to expect.

In parts of the Southeast, you're not going to reaching for the -- only umbrella. You're going to be reaching for the air conditioner knob. Take a look at that.

Heat index going up anywhere from 110 to 118. That's what's going to feel like outside. It's going to be just a brutal day for you. Something else you can anticipate, a chance of stronger storms developing in parts of the northern plains by late afternoon. You see the heat there in places like Billings, 93 degrees, 88 in Denver, 91 in Kansas City, and 85 in Minneapolis.

We have that high heat, the high humidity. You're going to have a good chance of thunderstorms. And that is what we do anticipate later on, especially the northern plains and scattered showers in the southeast and for parts of the four corners.

That is a wrap on your forecast. Let's send it back to you in New York.

ROBERTS: All right. We'll get more detail about half an hour from now. Reynolds, thanks so much.

WOLF: You bet.

ROBERTS: New this morning, outrage in "Essence" magazine over the hiring of a new fashion director who happens to be white. "Essence" has been celebrating black women for 40 years, but when Elliana Placas was recently named the magazine's new director of fashion, many employees protested. The editor-in-chief at "Essence" says Placas got the job because she proved she could do it and insists the decision to hire her does not diminish the magazine's commitment to black women.

SIDNER: Coming up, it was supposed to take effect today, just a few hours ago. But now, Arizona legislators have to rethink their hours' old immigration law. Why a federal judge nixed the most controversial portions of that law. That's coming up.

(COMMERCIAL BREAK)

SIDNER: You see some of the shots of the protesters there on the wall. Welcome back to the Most News in the Morning. Arizona's immigration law took effect at the stroke of midnight. But you won't find police enforcing some of the key provisions of that law because a federal judge in Arizona yesterday stepped in and struck down some of the most controversial causes.

ROBERTS: The Justice Department is applauding the decision by Judge Bolton but by no means is this legal battle over. So what happens next? CNN's senior legal analyst Jeffrey Toobin joins us now.

Good morning, Jeff.

JEFFREY TOOBIN, CNN SENIOR LEGAL ANALYST: Good morning.

ROBERTS: First of all, before we talk about where this goes next, just give us the broad outline of what it is that the judge disallowed here?

TOOBIN: The Obama administration challenged much of the law saying that, especially the key provision, the one that everybody has been so interested in, the one that says, essentially, that the local police have the obligation to ask anyone who may be an illegal immigrant, show me your papers. That provision, the Obama administration said, was an interference with the federal right to regulate immigration across the whole country. That it was a state trying to go on its own, in an area that the constitution forbids. The judge, Judge Susan Bolton, agreed and struck down that and a couple other provisions for the time being.

SIDNER: I'm curious looking at the law. And you have it right there on the desk, the nice thick paper. A little bit curious about what's left in this law, since the controversial bits have been taken out, or at least struck down by this federal judge?

TOOBIN: This is -- it really does gut the heart of the law. The penalty -- the provisions that were left include some things that increase some penalties. It's not all that significant what's left. Certainly, the thing that got the critics of the law most excited was this provision.

SIDNER: Right.

TOOBIN: This is what prompted the consumer boycott, the tourist boycott of Arizona. This is really -- the Justice Department won the main part of this case so far.

SIDNER: There's not much there.

TOOBIN: Not a lot left.

ROBERTS: So, from Judge Bolton's court, it now goes to the Ninth Circuit Court of Appeal, which given the historic nature of that court probably will uphold her decision. And then, ultimately, I guess, we're headed for the Supreme Court. What do you think will happen there?

TOOBIN: Well, you know, I think this is a case that really cries out for the Supreme Court to get involved because it deals with such fundamental issues in terms of the relationship of the states, to the federal government, over an issue that is a growing importance, at least politically, around the country, immigration. There are other states that are considering passing laws similarly. They really do need guidance from the Supreme Court.

What does it mean? Usually, the court splits 5 to 4, conservatives winning. I'd say that's the most likely outcome here, five justices upholding the law. But there's a little difference from the normal conservative legal -- liberal split here because this is a case about federal power, and some of the conservatives on the court, like Chief Justice John Roberts, are believers in strong federal power. They're not believers like former Chief Justice William Rehnquist in state power. So that might change the arrangement.

But I think 5 to 4 for the conservatives is usually a safe bet.

SINDER: If I may ask you, you mentioned the other states and there are some five other states looking at similar legislation. Will this give them pause or will they go forward with putting these laws in place and seeing if their state's -- because, obviously, Arizona doesn't necessarily affect what another state does.

TOOBIN: Right. This decision, as it stands now, is not binding anywhere except Arizona. Frankly, I think the -- the politics of it matters more than the law, and particularly in Republican areas, this is a very powerful issue, and I think they're going to feel emboldened. I think they're going to push forward with these laws and basically say to the courts, you know, come and get me, copper (ph). You know, see if you can -- see if -- we think these laws are constitutional. We're willing to test them in the court.

I don't think they're going to be deterred by this decision at all.

ROBERTS: Jeff Toobin this morning with us. Jeff, thanks. Great to see you.

TOOBIN: All right. Good day.

SIDNER: The governor of Louisiana, the seafood industry all pushing to reopen the rest of the Gulf. They say the fish is safe to eat, but not all fishermen are so eager to return to the sea. A live report from New Orleans just ahead.

It's 17 after the hour.

(COMMERCIAL BREAK)

ROBERTS: Twenty minutes now after the hour.

For hundreds of men and women who make a living off of the Gulf of Mexico, the sea has lost its allure. Many of them have been idled for months, the BP oil spill keeping thousands of square miles of the ocean off-limits to fishing. SIDNER: Last week, the ban on one third of those waters was lifted. Now, seafood industry officials and Louisiana's governor want the rest of the Gulf reopened.

Jim Acosta joins us live now from New Orleans this morning. Jim, it seems like a lot of the fishermen are going to need a little incentive to get them back in the water.

JIM ACOSTA, CNN CORRESPONDENT: That's right, and with this oil dissipating faster than expected, Louisiana officials are putting a lot of pressure on the federal government right now to reopen the state's coastline to commercial fishing, and this very important seafood industry down here is hoping BP can provide the incentive, put some bait on the hook, if you will, get commercial fishermen back to work.

(BEGIN VIDEOTAPE)

ACOSTA (voice-over): Because so many Louisiana fishermen grow up on the water, this is the only life they've ever known. The oil spill changed that. Many of the state's 12,000 fishermen have gotten accustomed to being cleanup workers, drawing their checks from BP instead of from the sea. And just because federal officials say the oil is clearing up faster than expected and the seafood appears to be safe so far, doesn't mean the fishermen believe it.

ACOSTA (on camera): Do you see contaminated seafood?

LARRY SPAHN, COMMERCIAL FISHERMAN: Well, we don't see the contaminated seafood, but there's a lot you don't see.

ACOSTA: You want to get them back to doing what they know how to do.

EWELL SMITH, LOUISIANA SEAFOOD PROMOTION AND MARKETING BOARD: What they know how to do and what they love to do. That's the key.

ACOSTA (voice-over): Ewell Smith, with the state board that promotes Louisiana seafood, says it's the fishermen who now need a lure. He wants BP to start paying the fishermen, a bonus, 30 cents on every dollar of seafood they catch to go back to the water.

SMITH: It's a common sense approach to putting the fishermen back to work, to help mitigate claims against them. We've approached BP twice. They told us no twice, but they told us no twice with a caveat to come back once the well is capped.

ACOSTA: Now that BP is closing in on killing the Deepwater Horizon well, a spokesman told CNN, "The company is considering the idea. No final decision," the spokesman said, "but we are very supportive of programs of guys going back to fishing."

And there's good reason why. Jim Funk with the Louisiana Restaurant Association, says its industry could take a big hit if the fishermen stay on the sidelines.

ACOSTA (on camera): New Orleans restaurants are going to start running out of seafood?

JIM FUNK, LOUISIANA RESTAURANT ASSOCIATION: Restaurants all over South Louisiana, and so we've got to get the commercial fishermen back in the -- in the waters, catching the -- the crabs and the shrimp and the finfish so we can put them back on our menus.

ACOSTA (voice-over): But that's no easy task. Not only will a skeptical public have to be convinced Louisiana seafood is safe, Louisiana fishermen like Larry Spahn will have to be convinced it's worth catching.

ACOSTA (on camera): What if BP were to pay to you go back to fish, give you an incentive?

SPAHN: We'll go back to fish, but what are we going to do with what we catch if nobody wants to buy?

(END VIDEOTAPE)

ACOSTA: Still a lot of skepticism out here, but Louisiana and federal officials stress over at the FDA that none of the seafood they've tested so far has tested positive for oil or dispersants. And those officials (INAUDIBLE) that will leave the federal government in the next week or so to reopen all of these closed waters that have kept the commercial fishermen on the sidelines for the last 101 days -- John and Sara.

ROBERTS: That would certainly be a good thing.

Jim Acosta for us in New Orleans this morning. Jim, thanks.

ACOSTA: Yes.

SIDNER: Just ahead, even with key provisions of Arizona's controversial immigration law on hold now, still some legal and illegal immigrants are leaving that state. We'll tell you why and where they might be heading.

(COMMERCIAL BREAK)

ROBERTS: Twenty-six and a half minutes after the hour.

After all the anger -- anger and arguments at the 11th hour yesterday, a federal judge blocked the most controversial parts of Arizona's new immigration law. The case now heads for the higher courts, but still, some of the estimated 500,000 undocumented immigrants who came to Arizona are leaving the state out of fear.

Here's Thelma Gutierrez with that story.

(BEGIN VIDEOTAPE)

THELMA GUTIERREZ, CNN CORRESPONDENT (voice-over): We watched them pack what they could carry, cases of a former life that could fit into boxes. We watched them say good-bye, undocumented immigrant, legal residents, even a United States citizen. They told us they weren't just leaving Arizona, they said, they were escaping.

Alfonso and Elizabeth left all of their belongings in Phoenix. Sandra Soto left behind a career in Glendale. Samantha and Carlos gave up a home and business in Mesa. Pedro gave up a job in Chandler, and Pepe pulled his kids out of school there.

GUTIERREZ (on camera): So where some of these families going? Well, we caught up with several families here in New Mexico. In fact, take a look right here. This family just arrived last night and they're still unpacking their things.

GUTIERREZ (voice-over): This man we'll call Pedro says he was waiting until the last moment to leave Arizona. But when it looked like S.B. 1070 might go into effect, he says he couldn't risk being separated from his son. So they jumped into their SUV and fled.

GUTIERREZ (on camera): (SPEAKING IN SPANISH). How many people -- of you left because of this new law?

(SPEAKING IN SPANISH). Why did you come to New Mexico? Why the state?

"ALFONSO," UNDOCUMENTED IMMIGRANT (through translator): Everyone escaping the terrorism in Arizona feels so welcome here.

"PEPE," UNDOCUMENTED IMMIGRANT (through translator): We saw a homemade banner entering New Mexico that said welcome Arizonans. It said Mexicans are welcome in New Mexico.

GUTIERREZ (voice-over): Families are recent arrivals. They told me it was the first time in more than a year that people smiled at them. That a sheriff's car drove by without a second glance.

GUTIERREZ (on camera): You lived in Phoenix for 20 years?

SANDRA SOTO, LEGAL RESIDENT: Yes.

GUTIERREZ: Do you miss it at all?

SOTO: No, nothing.

GUTIERREZ: Nothing?

SOTO: Nothing.

GUTIERREZ: You don't want to go back?

SOTO: Never in my life.

GUTIERREZ (voice-over): Sandra Soto is a legal resident whose adult daughter is undocumented. She recently moved to Albuquerque because she says the fear in Arizona was stifling.

GUTIERREZ (on camera): You're in the country legally.

SOTO: Yes. GUTIERREZ: You wouldn't be detained, you wouldn't be deported?

SOTO: Yes.

GUTIERREZ: Why did you feel that fear?

SOTO: Because the people make you feel that.

GUTIERREZ (voice-over): Arizona State Senator Russell Pearce, author of S.B. 1070, says his law is doing exactly what it was designed to do that to force people to self-deport.

SEN. RUSSELL PEARCE, ARIZONA STATE SENATE: With $300 million in savings, there's a cost to this to the tax fare. Besides the obstruction of law, besides the crime that comes with it, besides the jobs taken from America.

GUTIERREZ: But these families who were employed say they did not receive government services because the undocumented don't qualify. They claim because of the legal status, even their American children were denied health care.

Like those families, Sandra says she will have to start all over again in a new state. But at least for now, she says, she'll have her family by her side.

Thelma Gutierrez, CNN, Albuquerque, New Mexico.

(END VIDEOTAPE)

ROBERTS: Coming up now on the half hour, that means it's time for this morning's top stories.

Coast Guard Admiral Thad Allen says he's optimistic that BP's ruptured well will soon be permanently plugged. The static kill procedure is scheduled to begin on Monday. And with all of the seafood tested clean so far, officials in Louisiana want the entire Gulf reopen to fishing. But not everyone is so sure if that's safe at this moment.

SIDNER: Authorities in California have decided not to pursue criminal charges against seven doctors who treated Michael Jackson. Investigators did, however, recommend one of the doctors face disciplinary action for prescribing drugs to a known Jackson alias. Jackson's personal physician, Conrad Murray, still faces involuntarily manslaughter charges in the singer's death.

ROBERTS: And New York Congressman Charlie Rangel tried to cut a last-minute deal with House ethics investigators to avoid a rare public corruption trial. Many members are set to unveil specific charges against Rangel at an opening hearing today. Rangel is seeking re-election to his 21st term in Congress.

SIDNER: Now, to a bizarre case playing out right now in a New York courtroom. The feds say David Brooks, a former CEO, scammed his company for nearly $200 million and spent it on prostitutes for employees, plastic surgery for his wife, cars, trips, parties, and the list goes on and on.

ROBERTS: But why should you really care? Well, the reason is, Brooks ran a company that makes body armor for American troops and the Pentagon paid his company with your tax dollars.

Our Alina Cho is tracking that story for us this morning.

(BEGIN VIDEOTAPE)

ALINA CHO, CNN CORRESPONDENT (voice-over): A $100,000 jewel- crusted belt buckle, $1 million on race horses, even allegations of hired prostitutes for employees. It's a list that reads like a bad "B" movie.

The man behind all of it -- business executive David Brooks. He's now accused of stealing millions of dollars in company money and you won't believe where he got that money -- to pay for an over-the- top lifestyle, luxury cars, a Learjet, lavish vacations for him and his family.

(on camera): Prosecutors allege David Brooks and his co- defendant not only used the company as their personal piggy bank, they profited handsomely in a classic pump-and-dump stocks scheme. Brooks allegedly cooked the books to drive up the stock and sell it high for a windfall of more than $185 million.

JEFFREY TOOBIN, CNN SR. LEGAL ANALYST: Legally, it's not all that exciting. It's a fairly classic pump-and-dump case. It's the details that make this case so delicious.

CHO (voice-over): Yes. One of those delicious details, Brooks allegedly built his opulent life literally on the backs of soldiers. That's because the company he founded and ran, DHB Industries, now known as Point Blank Solutions, makes body armor for the U.S. military.

NARRATOR: The Interceptor has saved thousand of lives in Iraq and Afghanistan.

CHO: Why should you care?

TOOBIN: It does seem particularly bad, given what he was selling -- something that we all want so desperately to work and protect our troops, but it's also that because all the money here ultimately comes from taxpayers.

CHO: That's right, a government contractor who, before he left the company, was accused of making money by taking your money. After all, your tax dollars paid for those bulletproof vests.

Michael Adair has been watching the trial closely, because he invested in DHB Industries and lost a half million dollars when the alleged scam was revealed and the stock plummeted. Adair feels especially betrayed because he's a Vietnam veteran who chose to park his money in DHB as a way of showing his patriotism.

MICHAEL ADAIR, LOST RETIREMENT SAVINGS: How could I be so stupid? How could I have not, you know, gotten out of this thing before as low as it was? Yes, you really feel dumb.

CHO: Brooks has pleaded not guilty. His lawyers who would not talk to CNN on camera don't dispute his personal expenses were paid for by the company but add, those expenditures were authorized.

TOOBIN: You know, this the kind of case that makes a defense lawyer think, why didn't I go to medical school? White color cases are never really slam dunks, but this one seems to come pretty close.

CHO (on camera): And that's not at all, prosecutors allege David Brooks also spent years trying to develop a memory-erasing pill with the veterinarian who cared for his race horses. The alleged target, the former CFO of the company, so that none of the alleged crimes would ever be reported to the government.

(voice-over): That obviously did not work. That CFO spent 23 days testifying against her former boss.

If he's convicted, Brooks could spend the rest of his life in prison.

(END VIDEOTAPE)

CHO: Unbelievable. And the list of items that Brooks allegedly bought with that company money really does go on and on and on.

For example, he paid a reported $10 million for a bat mitzvah for his daughter at the Rainbow Room in New York, headlining that night, guys, Aerosmith, 50 Cent and Kenny G.; nearly $8,000 per face- lift for his then-wife; $20,000 for leather bound invitations for his son's bar mitzvah; nearly $50,000 for a flat-screen TV entertainment system for his home.

And as you heard Jeff Toobin say, it really does make a defense lawyer think, why didn't I go to medical school? And the reason for that, he says, is because even if the evidence is not there, he's so unlikable that it makes the jury really pause.

ROBERTS: I love the idea of this memory-erasing pill.

CHO: Never was developed. That's a surprise there.

ROBERTS: And "Men in Black" had that neuralyzer, but I don't know why.

CHO: That's the movie, John.

ROBERTS: But, you know, this Interceptor armor, so many soldiers in Iraq and Afghanistan are wearing it?

CHO: You're absolutely right. Along with police officers in this country, local law enforcement -- I mean, it is -- was their primary source of income at this company, and if you think about it, again, it comes back -- if you don't think you should care about this case, you really should, because it's our tax dollars through those government contracts that pay for those bulletproof vests.

ROBERTS: Wow.

SIDNER: Do we have any idea how much he got from the government as far at those contracts go? I mean, millions of dollars?

CHO: Millions of dollars. I mean, he sold the stock at the high allegedly for more than $185 million. Then on top of that, according to the government, had several corporate AmEx cards and charged the company for his personal expenses, to the tune of $6 million. So, it was a lot of money.

SIDNER: All right.

ROBERTS: Not a slam dunk, as Jeff said, but maybe as close as you could ever come. Thanks, Alina.

CHO: You bet.

SIDNER: So far, the seafood is safe. Now, Louisiana officials want fishing bans lifted and the entire Gulf reopened. But has the danger really passed? Next, we'll ask Doug Inkley, senior scientist at the National Wildlife Federation.

It's 36 minutes after the hour.

(COMMERCIAL BREAK)

ANNOUNCER: This is CNN breaking news.

ROBERTS: Twenty minutes now to the top of the hour. Just into CNN, reports that parts of Throgs Neck Bridge in New York City are closed down. It's one of several suspension bridges that connect the Queens Borough to the Bronx Borough.

Police scanner reports say there is a suspicious vehicle parked on the Queens side. Real threat or not, it's sure to cause a backup of monumental proportions during the morning rush hour. An awful lot of traffic goes over the Throgs Neck Bridge during rush hours -- Sara.

SIDNER: Thank you, John.

With oil quickly vanishing from the surface of the Gulf of Mexico and BP's well cap holding tight, the static kill is scheduled to begin Monday. In the next couple of weeks, this crisis could finally come to an end. But a lot of experts are warning, we are definitely not out of the woods yet, not even close.

Doug Inkley is a senior scientist with the National Wildlife Federation. He joins us now from Washington.

Good to have you with us this morning, sir. Thanks for being here.

DOUG INKLEY, NATIONAL WILDLIFE FEDERATION: Good morning, Sara.

SIDNER: You know, it makes us all feel good that we're not seeing the pictures of these masses of oil slicks across the ocean. But where has it all gone?

INKLEY: Well, that's an excellent question. I think that basically -- excuse me -- we have to understand that what we've done is we've swept the oil under the rug, if you will, because we've applied a tremendous amount of dispersants to it. What this means is that most of the oil has been dispersed throughout the entire water column so that we're not seeing it on the surface. So, really, it's been hidden from sight.

SIDNER: Let's talk about those dispersants. Do scientists know from, say, prior spills what kind of effect these dispersants could have on the plants and animals, you know, who live in the sea?

INKLEY: Well, we have to understand that the dispersants have been approved previously for use on the surface. They have never been approved by the EPA for deep sea use. So, this really was a big experiment in our nation's waters to find out what would happen with the deepwater application of dispersants. Some 200 million gallons of dispersants were applied, most of that deep water.

SIDNER: Who's looking at this? Who is the agency charged with really trying to deal with this and long-term -- the long-term effects on all of the animals and human beings for that matter?

INKLEY: Well, there are a number of agencies that are charged with looking at this. It's a natural resource damage assessment. This is the government process under way to try to assess what the total impact will be.

We have to recognize, though, that the impact has really only just begun. Think about Hurricane Katrina, when the waters finally receded from the streets of New Orleans, that was only the beginning of that disaster. It was not the end of that disaster. This is true with the BP oil spill disaster as well.

SIDNER: Fishermen talk about the fact that they're still seeing the effects of the Exxon Valdez that was more than 20 years ago. This oil spill -- more oil into the ocean. What should we expect? Should we expect anything better this time, that maybe things will be cleaned up faster because it's 20 year of new technology and ways of cleaning things up? Or are we in real trouble here?

INKLEY: Well, the bottom line is, you can't mop clean up spilled oil. Humpty dumpty is already fallen off the wall as soon as you spill it. You're never going to recover more than 5 percent or 10 percent of it in the deepwater spill like this. And that's an optimistic projection.

So, we have to recognize that most of it is still out there. And this spill, some 16, 17, 18 times larger than the wreck of the Exxon Valdez in the Prince William Sound. So, this is a much larger spill and we've learned from that spill, the previous spill, as well as many other spills, that the effects can last for decades.

SIDNER: Sir, you're a scientist. What is your biggest worry about this particular spill? You talked about the masses of oil and how much more has gone into the water. What's your biggest concern?

INKLEY: My biggest concern is the long-term effects on the food chain because the small organisms are eaten by the bigger organisms, of course. And I'm concern that even though the oil seems to be disappearing, at least on the spill, it's still under water and it could have an effect on the food chain for years, if not decades, to come.

SIDNER: Thank you so much. Doug Inkley, with the National Wildlife Federation -- we appreciate you being here with us this morning.

INKLEY: Thank you.

SIDNER: John?

ROBERTS: Reynolds Wolf is in for Rob this morning. He's got this morning's travel forecast right after the break.

And remember the story we told you about the other day, the multimillion dollar Ansel Adams collection that turned up at a garage sale, reported to be worth some $200 million bought for 45 bucks? Well, now, the photographer's family is saying, maybe it is only worth 45 bucks.

Stay with us.

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ROBERTS: Saying good morning to New York City where it's 78 degrees and partly cloudy right now. Later on today, the heat wave continues, it will be 90 degrees again today. A lot better than in New Delhi.

SIDNER: Hey, you know what, that --

ROBERTS: About 20 degrees.

SIDNER: That's cool. That's nothing.

ROBERTS: 20, 20, maybe in the 30 degrees cooler than --

SIDNER: Yes.

ROBERTS: It's about 110 to 125.

SIDNER: It gets up there.

ROBERTS: I remember being in a cab at the New Delhi airport. And the windows were all closed. There's no air conditioner. And I said to the cab driver -- roll down -- it was like sticking your head in a convection oven. SIDNER: You're better off inside.

ROBERTS: Without the wind blowing over. It's just hot.

SIDNER: It's true.

Now, a twist to the story we told you about earlier this week, remember the guy in California who bought those glass negatives believed to be from Ansel Adams at a garage sale for just $45. Well Adams' grandson says the claims that the negatives could be worth $200 million in a stretch. He doesn't even think they're authentic. The trustee calls the California man and his team of experts a, quote, "bunch of crooks." Yikes.

ROBERTS: Some of the frames look very much like Ansel Adams photographs, that one of the tree on top of the bridge, in the background. But according to Ansel Adams' grandson, he says, thousands of people were taking pictures of Yosemite at that time, and he (INAUDIBLE) to his grandpa.

SIDNER: It took ten years. This guy bought this stuff a long time ago, correct?

ROBERTS: Yes. This didn't just recently happen. It was about 10 years ago, and he had a handle (ph) of people. None of them really photographic expert --

SIDNER: We got to get him on the phone. We got to find out what he thinks about this because that's pretty strong. I like it.

ROBERTS: Let's get a quick check of this morning's weather headlines. Reynolds Wolf for us in the Extreme Weather Center. We should point out, Reynolds, that one of the people who was trying to authenticate these glass plates was a meteorologist?

WOLF: Yes, they're looking at, I guess, some of the cloud patterns that were so well-known and so well-defined as some of Ansel Adams best photos, and with comparing and contrasting, and whatnot. I'll tell you, and speaking of great things to see, we got great some clouds from yesterday near Siesta Key and Sarasota, Florida. Not near the northeast, but take a look at the video, some strong thunderstorms developed and what a beautiful light show. It was a great thing for people to see, scattered showers and thunderstorms. Thankfully, most of these were offshore. It didn't cause any damage onshore.

But we could see more of those develop across parts of Florida, certainly, some in the northeast today. Let's go right back to the weather computer, and as we do so, splash of that showers from west of Boston and New York. And New York, the next 10 to 15 minutes at least, thunderstorms are going to come through. Delays are possible in all of your major airports from Logan, southward into New York. From Philadelphia, even into D.C., I would expect some delays on and off through a good part of the day. Something else we're going to be dealing with will be the rain beginning to stack up.

We've had over 2 inches of rainfall in St. Petersburg, Fairfield, Illinois, over two inches of rain, Elizabethtown, Corpus Christi, and Akron also getting over an inch of precipitation more than possible. One place we're not going to be seeing the rain unfortunately is in parts of say South Carolina and in Georgia. At least maybe into the afternoon might to be believed (ph), but until then, 110 to 118 is what it's going to feel like with the high humidity and the high temperatures. This is a brutal day for you. And then out towards the west, heat is going to build and places like New Orleans back into Houston and into Dallas.

Something that all these places have in common is you're not just going to have the high heat, but humidity is going to make things just unbearable especially about late afternoon. But the heat is also going to spill on up into places like Kansas City back into Minneapolis and Billings were 93 degrees will be your expected high. And a big sky country by late afternoon, what we can anticipate, not only some high heat, but possibly some of those big thunderstorms. We could see some heavy rain, maybe the formation of some large hail especially in parts of the northern plains.

And here's where it's going to lay out for you, we got this area of low pressure, got that boundary, everything surging from west east and that's going to be your key area of severe weather today. Also look for some splash showers in parts of the Ohio Valley in pockets of it in the southeast, and into the four corner, west coast, is going to be just phenomenal. Great surfing in Pismo Beach, and in places like say San Francisco, a little bit of fog early and given way to sunshine by mid day and into the afternoon. Back to you in New York.

ROBERTS: All right. Reynolds, thanks so much. Shirts and flip- flops the order of the day in the mid-Atlantic and the south today. Thanks.

WOLF: There you go.

ROBERTS: This morning's top stories just minutes away now, including showdown on the border, two sheriffs will duel it out over Arizona's new immigration law. Will some officers ignore a judge's order to leave the issue alone?

SIDNER: Also, an "A.M. Original, Oscar story." An undocumented immigrant who risked a bright future here to do the right thing. We take the journey over the border with his wife and young daughter to see where he's living now.

ROBERTS: And watch your low blows. A marriage expert and co- author of a new book shows us how to fight the right way in your marriage to stay out of divorce court. Those stories and more coming your way at the top of the hour.

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ROBERTS: Coming up on five minutes to the top of the hour, new study tracking Twitter shows that America's a pretty moody place. Researchers at Northeastern University and the Harvard (ph) Medical School tracked the nation's mood based on keywords in tweets from September 2006 to August of last year. This time-elapsed map comes from Professor Allen Mislov at Northeastern. The green areas are the happier spots, the red ones the unhappier spots.

The west coast, as you can see, tends to be more upbeat as apparently as Florida, while the middle of the country and the east coast are more negative. The study found also, overall, we're happiest on Sunday mornings and unhappiest on Thursday nights, just before the last day of the work week. When are you happiest and unhappiest?

SIDNER: Not at 2:00 in the morning.

ROBERTS: No, you're never happy at 2:00 in the morning regardless of the day. I find that I'm happiest Friday mornings and unhappiest on Sunday nights.

SIDNER: I think on Saturday, I think about that.

ROBERTS: Gee, what a surprise?

SIDNER: Yes, I think it's Saturday. I think I'm happy Saturday because (ph) I have the whole day.

ROBERTS: How about Sunday nights?

SIDNER: You know what, check out the celebration. Talk about happy, this is a bit planned, and it takes it to whole another level. A soccer spot in Iceland gets the winning goal on a penalty kick in extra time. See it there. The players then go fishing for one of their teammates. They obviously practiced this event. You see him there. By the way, the guy playing the fish there, he's name is Johan Laxal (ph), and lax is Icelandic for salmon. At the end, the group you'll see the pose for --

ROBERTS: That's pretty good. there you go.

SIDNER: Perfect trophy shot. There, they pick up the fish, and there you go.

ROBERTS: Going to have him stuffed.

SIDNER: Boys just want to have fun.

ROBERTS: I'd like to see some of that in the end zone this fall. What do you think?

SIDNER: I think penalties will be paid for that kind of stuff.

ROBERTS: Potentially, but that's really creative.

Top stories coming your way right up after the break. Stay with us.

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