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Facebook Opens Up On Government Requests; Hongkong Rally For NSA Leaker; Pakistan Hostage Situation Over; Palin Headlines D.C. Rally; Centrist Candidate Wins Iran Elections; Overseas Support For Snowden; Judge Rejects Hasan's Defense; Ariel Castro Pleads Not Guilty; Fed File Suit Over Background Checks; Palin Speaks At Conservative Conference; 437 Homes Destroyed In Wildfire; Mandela Doing Better In Hospital; Relaxing River Cruises; Zimmerman Jury Will Be Sequestered; Woods Playing Through Pain

Aired June 15, 2013 - 11:59   ET

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

FREDRICKA WHITFIELD, CNN ANCHOR: All right. The deadly hostage situation now in southwestern Pakistan is now over, 23 people are dead in the end. We'll have the latest from Islamabad.

And back in the U.S., the NSA scandal, some of the big tech companies are going public about how often they give your information to the government.

And Sarah Palin back on stage, hoping to rally conservatives at the Faith and Freedom Conference in Washington. Her hope: to try and take back the White House in 2016. We'll go to Washington.

And firefighters in Colorado have contained about 30 percent of a huge wildfire near Colorado Springs. And they're hoping cooler temperatures and calmer winds will help even more. But the fire has already taken its toll, 473 homes have been destroyed and two people have died. Some evacuation orders are still in place, but others in Colorado Springs were lifted last night.

And a second blast in two days has left another person dead at a chemical plant in Louisiana. This latest incident happened last night at a plant about 40 miles south of Baton Rouge in Donaldsonville. The plant manager said nitrogen was being unloaded from a tanker truck when a small vessel ruptured.

The explosion killed a 55-year-old man and injured eight others. Two people died and more than 100 were injured on Thursday at a nearby plant.

And Facebook is opening up in the only way the government will allow them. The company is revealing just how often any form of law enforcement, not just the National Security Agency, asks for data on you.

And it turns out the company says that less than 1 percent of its billion plus users are being asked about it. Facebook says in the last half of 2012, it received between 9,000 and 10,000 requests from law enforcement, impacted between 18,000 and 19,000 accounts. Let's go to CNN's Money's Laurie Segall with us now. So these are requests, does Facebook give the government what it wants every time?

LAURIE SEGALL, CNNMONEY CORRESPONDENT: You know, it's an ongoing conversation. They have to come with certain requests and they comply about 79 percent all the time. That is you know that's lower than some of the other tech companies, Fredricka, but these requests, when they come in and this is what they wrote about in this blog post that came out.

They said this helps with a sheriff looking for a missing child or the national security official investigating a specific terrorist threat, so it's that kind of information that they're using and what I think we try to wrap our heads around, what exactly are they asking for and is it going to affect us.

WHITFIELD: And I understand the Justice Department is also responding to these disclosures and apparently, this is really never been done before to what extent?

SEGALL: You're absolutely right. The Department of Justice just recently just came out and said OK, we're authorizing some of these companies to be a little bit more transparent, to release some of this data, so let me read you some of what they said in a statement earlier.

They said a grand jury subpoena or search warrant in a criminal matter or a national security letter this is the kind of stuff that we're going to see in these transparency reports. You know, also, the publication they say will show that a small number of accounts are subject to legal process.

So Fredricka, I think what they want us to realize and what some of the transparency is going to do is show us that the government isn't just getting access to all Facebook accounts. It is a very small number of accounts that's being affected and they want that out there.

WHITFIELD: So here we're hearing from Facebook, now what about other tech giants like Microsoft or perhaps even Google?

SEGALL: We're hearing more and more. So Microsoft actually has said it's received between 6,000 and 7,000 warrants. This is going to affect about 30,000 customers. We're now hearing from Google. Google has always published -- Google has published transparency reports now. This is a different kind of report.

They're pushing back a little bit and we're also hearing from Silicon Valley entrepreneurs in general that maybe haven't been reached out to, but they say this has huge implications for Silicon Valley entrepreneurs and for tech companies. I actually sat down with Alexis Ohanian. He is the founder of Reddit, he had some thoughts on this. Listen to what he had to say.

(BEGIN VIDEO CLIP)

ALEXIS OHANIAN, FOUNDER, REDDIT: It will come up a lot sooner for founders and founders who were maybe thinking move fast and break things are going to be thinking move fast and break things, but don't break the constitution. And I think this is an opportunity for us as citizens to really start to draw a line in the sand for what is off limits. What is still private? Even in the digital age.

(END VIDEO CLIP)

SEGALL: And we just keep hearing, I get off the phone with any Silicon Valley entrepreneur and they say transparency is key and that's what we're going to be hearing about as more of these tech companies come forward. We're seeing -- we're beginning to see a little bit more about what the government has access to.

WHITFIELD: All right, Laurie Segall, thanks so much.

All right, the man who triggered the scrutiny on the tech giants was a focus of a rally in Hongkong today. Edward Snowden, who leaked the documents that revealed that the U.S. government is snooping on many, well, apparently, we know he has fled to Hongkong. Several hundred supporters marched through the city, demanding protection for Snowden. Reuters said the turnout was very modest and reportedly, about a third of those attending were actually journalists. We'll have much more on the demonstration in just a few minutes.

Breaking news out of south western Pakistan, a deadly hostage situation at a hospital there is now over. Twenty three people in the end were killed in the siege and at a separate bus blast today. Our Saima Mohsin in live now in Islamabad, so Sima, two attacks in one day. But the feeling is these are linked and it began with a situation at a bus, correct?

SAIMA MOHSIN, CNN INTERNATIONAL CORRESPONDENT: Absolutely. This morning, a devastating day for Pakistan and people in south western province when a bomb went out of a university transportation bus that was taking young women and their teachers all of them happened to be women, those that were killed, 11 of them into the city center.

In fact, there were 35 to 40 of them on board. Eleven of them were killed. When the dead and injured from that incident were taken to hospital then the militants struck again. Two suicide bombers detonated their bombs, one outside the emergency room, and another outside an operating theatre. We don't know if there are casualties from that because this has been an ongoing siege we've seen here throughout the day.

It's night time now and we're only just being told by police officials on the ground, hundreds of them, by the way, who had to surround the hospital, who are now going through that building, room by room, to ensure that people are safe and that all the militants have been cleared. At one point, they believed there were eight inside there, but they're now telling us there were four.

Perhaps two of them died as suicide bombers. Two have been arrested. They don't know who these militants are or why they were doing this, but for now, people are safe. Hundreds of people who are being held hostage, patients, doctors and nurses, seen for now to be safe and sound -- Fredricka.

WHITFIELD: So Saima, on the bus attack, the majority of the victims were women. Was this a specifically, you know, targeted mission as far as you know?

MOHSIN: Well, until of course we find out who was behind this, it's really difficult to say the motive. But of course, this will bring us back to memories of Malala who was shot by the Taliban and women's education being targeted. Of course, that would also be a big question. Just to put some context for you about this part of Pakistan.

It's facing a separatist movement, a several armed groups fighting for this particular province to be separated from the rest of Pakistan. We haven't seen attacks like this before on women or educational institutions, but in fact this attack potentially is the first attack on women as a university so, a really shocking attack, a devastating one.

People reviled by up and down the country, but who is behind it, we don't know and what their motive was, but right now, people are thinking perhaps this is yet another attack by a separatist movement.

WHITFIELD: All right, Saima Mohsin, thanks so much.

All right, back in the states here now, politics. Sarah Palin, guess what? She's back in the spotlight. The former Alaska governor and vice presidential nominee has just joined rejoined, we should say, Fox News and is headlining a conservative conference taking place in Washington right now.

CNN's political editor, Paul Steinhauser, is at the Faith and Freedom Coalition rally. So Paul, there have been a number of people on docket to speak, but it's the keynote speaker, Sarah Palin, that has so many people just highly anticipating what she'll say and if in any way, she will influence the political landscape.

PAUL STEINHAUSER, CNN POLITICAL EDITOR: Yes, Fred, I guess you could say they saved the best for last. She is the last major speaker at this three-day conference, but this is Sarah Palin's crowd. No doubt about it. The Faith and Freedom Coalition, they've been doing this for four years now.

This is a big gathering of social conservatives from across the country, one of the largest gatherings this year. And that is a crowd that is still very, very popular, very influential with Sarah Palin. She really speaks to these people and they are very much so waiting to hear what she has to say.

This is her second major speech this year. She addressed the CPAC conference earlier this year and we can't wait to hear what she has to say today about probably 2014 elections, the 2016 elections and the Obama administration what's going on right now -- Fred.

WHITFIELD: So Paul, what about Texas Governor Rick Perry, he apparently made an appearance earlier today. Is he saying anything about his political future?

STEINHAUSER: -- wants to know, A, will Rick Perry run for re-election as governor next year and B, I guess, even more important is he going to make another bid for the White House in 2016? He was the first speaker here this morning. You know, he didn't talk about that. He didn't make any big news, but he did make some fun of himself about some of his gaffes from his bid for the White House in 2012. Take a listen.

(BEGIN VIDEO CLIP)

GOVERNOR RICK PERRY (R), TEXAS: -- favorite disciples was Peter, you think about Peter that is the same Peter who denied Christ three times, the same Peter who was rebuke d by Paul concerning justification by works, this is the same peter whose mouth sometimes ran faster than his brain. Let me tell you, I can relate.

(END VIDEO CLIP)

STEINHAUSER: And you know what's funny? He actually made another minor gaffe here today. He was talking about the incident in Libya last year when four Americans including our ambassador died, but he said Lebanon instead of Libya. Fred, Rick Perry is one of about five or six people who may be thinking about running for the White House in 2016 on the Republican side who all came here to this conference to talk to this conservative crowd -- Fred.

WHITFIELD: OK, a lot on tap there. All right, Paul Steinhauser, thanks, at the Faith and Freedom Conference, although it sounds like you're at a golfing match or something like that, but I understand because people are speaking behind you and you don't want to disruptive, very polite. Thanks so much, Paul.

All right, get ready for, guess what? A new way of waking up in the morning, in just two days, the debut of CNN's morning show "NEW DAY" begins with Chris Cuomo, Kate Bolduan and Michaela Pereira. "NEW DAY" starts Monday morning at 6:00 a.m. Do not miss it.

It's breaking news out of Iran, moderate cleric, Hassan Rowhani, has won the presidential election there. The Interior Ministry has confirmed the results. Iranian officials say turnout was high.

And coming up, the ongoing search for Edward Snowden, the man who exposed government snooping. He's out of sight, but the city that he fled to has a rally for him. We're talking about Hongkong. Hear why it may have disappointed some.

And Ariel Castro's own lawyer admits his crimes were horrendous, but he's trying to keep his client off death row. Find out why the prosecutors just might agree.

(COMMERCIAL BREAK)

WHITFIELD: All right, he is the man whose leak rocked the federal government. Edward Snowden is not charged yet for revealing U.S. government surveillance of your phone calls, but officials say it's just a matter of time. And as they investigate, Snowden's supporters demonstrate in the city he's believed to be hiding out, Hongkong. Here's CNN's Nic Robertson.

(BEGIN VIDEOTAPE)

NIC ROBERTSON, CNN SENIOR INTERNATIONAL CORRESPONDENT (voice-over): They came for Edward Snowden to help protect him from possible prosecution. A rally in the rain in the heart of a city he claims is targeted by NSA hackers. Organizers hope for hundreds, they got maybe 300 about a third, journalists covering the event.

This speaker, one of three legislators voicing concern over Snowden's fate, not surprised by the low turnout.

CLAUDIA MO, HONGKONG LEGISLATIVE COUNCIL: The crowds here just couldn't care less. Uninvited guest was dispatched into Hongkong. What's that about? The authorities deal with it.

ROBERTSON (on camera): Perhaps not the numbers organizers were hoping and hard to blame it on the weather, too. The protest took place just a couple of days ago, there were between 50,000 and 150,000 people and it was pouring down with rain.

(voice-over): Snowden gave away his most valuable asset, his location. Checking out of this hotel barely 12 hours later, he seemed to have second thoughts or maybe not.

(on camera): Perhaps hiding here in the shadows in Hongkong was a carefully calculated choice. Searching from here could be like looking for a needle in a hay stack. This is one of the most densely, populated cities in the world. Seven million people live here, 5 million of them computer users with some of the fastest internet access in the world. Could this be a cyber spooked nirvana?

UNIDENTIFIED MALE: If he's trying to get his story out, it's a very wise choice.

ROBERTSON (voice-over): David Hodson was assistant police commissioner here, says Snowden will need more than his cyber savvy to dodge detection.

DAVID HODSON, FORMER ASSISTANT COMMISSIONER HONGKONG POLICE: We live in the real world. You have to eat food. You have to sleep. In my mind, there is no such thing as a secret.

ROBERTSON: Although, he is still technically free, should an arrest warrant come. He'll go on a watch list, unable to leave legally.

HODSON: So, maybe they'll start looking for information they've got already.

ROBERTSON (on camera): The clock may already be ticking.

HODSON: I would imagine it almost certainly has been ticking.

ROBERTSON (voice-over): Outside the U.S. Consulate, Snowden supporters hand over a letter to President Obama. Still hoping they can muster enough outrage to keep Snowden out of jail. Nic Robertson, CNN, Hongkong.

(END VIDEOTAPE)

WHITFIELD: And back in this country, a big car maker is facing some big legal trouble. The federal government says BMW is treating its African-American workers in this country unfairly. Our legal guys tell us what that's all about.

And Tiger Woods is playing through pain at the U.S. Open. We're live at the tournament after this.

(COMMERCIAL BREAK)

WHITFIELD: A military judge has rejected the defense strategy for the accused Fort Hood shooter. Major Nadal Hasan told the judge he was trying to protect the Taliban in Afghanistan when he killed 13 people at the base in 2009. The judge ruled there was no immediate threat by anyone at the army post to people in Afghanistan. Hasan is acting as his own attorney.

Accused kidnapper, rapist and murderer, Ariel Castro pleads not guilty to all 329 counts against. Castro is accused of holding three women against their will in his Cleveland home for a decade. Prosecutor says the women were brutalized and tortured quote/unquote "beyond comprehension."

Listen to this twist. One of Castro's own attorneys agreed. Let's bring in our legal guys, Avery Friedman, a civil rights attorney and law professor joining us from Cleveland. Good to see you.

AVERY FRIEDMAN, CIVIL RIGHTS ATTORNEY: Hi, Fredricka.

WHITFIELD: And Richard Herman, a New York criminal defense attorney and law professor joining us from Las Vegas, good to see you as well. OK, so gentlemen, you know, one of Castro's attorneys talked to reporters after arraignment and admitted for the first time that some of the 329 charges are quote, "horrendous and indisputable." So Avery, what's going on here, that the defense attorneys would speak out like this?

FRIEDMAN: I don't know what planet this defense team is on. I mean, look at, if you're --

HERMAN: Really?

FRIEDMAN: If you're depending a reptile like this, you have to say look at, the constitution guarantees my client a defense and I'm going to do the best I can to protect those rights. The idea of saying for example, there's no dispute about the crimes. He also said one of the other lawyers said well, he's a wonderful father and a family man. What on earth? I just think it's the wrong way to go and I think it's prejudicial to the right of the defendant.

WHITFIELD: But there had to be some strategy here then, Richard. What is it? I mean, the not guilty pleas are being entered. But not necessarily because the defense feels that it can dispute the charges or that he could actually be acquitted, but what is behind this sentiment being expressed by the defense attorneys?

HERMAN: There is a strategy here, Fred. The strategy is to kiss the butt of the prosecutor because you don't want to see a death penalty case here. That's where it's at, Avery. That's the strategy. You've got to make nice to the prosecutor and get a plea deal here that will spare his life, life in prison. Waive your appellate rights.

Make that deal now so he doesn't face the death penalty because, you know, that's one of the states that gives certain legal rights to unborn children and so, if they want to go on an aggravated murder and death penalty, they have the option to go there.

What the defense attorney is being realistic -- defense attorneys can be realistic, they're looking at the overwhelming evidence here. They see there is no defense to this case and they're going to try to cut a deal as quick as possible.

WHITFIELD: So, Avery, with that kind of negotiation, doesn't that ordinarily take place before the arraignment, to try to get some sort of plea deal or is it customary that it would happen after the arraignment, after the plea is entered in court and then the negotiations begin?

FRIEDMAN: Well, it actually, in a case like this, that's so horrendous, we have 329 counts and Fredricka, we're going to see about another 300 or 400 counts, so yes, in a case like this, the effort has been made from the beginning. Remember, Castro originally waived some rights after he waived Miranda and he's been singing like Edward Snowden. There are admissions already as part of the record. So while I understand what Richard is saying, I think there are ways of doing that that are without going public and making statements like that. I think it's inappropriate.

HERMAN: While he's in prison, they're watching him every 10 minutes. They are checking on him to make sure he's still alive. No, no, from the other inmates.

WHITFIELD: I see what you're saying. All right, OK, let's move on to the next case, the Equal Employment Opportunity Commission filing suit against BMW and Dollar General, put those two in the same category. But it's being alleged that both companies des criminate against African-Americans. The issue is criminal background checks. Both companies apparently using them and the EEOC says they can result in discrimination against African-Americans, who have higher arrest rates than white. So Richard, explain this from top to bottom, the policy, response and these background checks.

HERMAN: The policy at the BMW plant was simply this, check and see if any of our employees have criminal histories. If they do and the criminal history was in the past seven years, we're not going to let them work here. If it's not within the past seven years, we're going to allow them to continue to work. Then what happens is a new regime comes in and they say blanket. If you have a criminal history, a criminal record, you can't work here. Well, 70 of the 87 employees were African-Americans so they were all terminated. Claims were made through the EEOC. They're claiming racial discrimination here. Fred, it takes one negligence lawsuit for an employer to be retaining an employee with a bad criminal history and next thing you know --

FRIEDMAN: No, no.

HERMAN: You've got a problem. That's what the case is about.

WHITFIELD: OK, Avery, you're in total disagreement.

FRIEDMAN: Yes, absolutely. Look, this case is predicated on a regulation that's 14 months old. And if you use, if you use criminal background checks to systemically discriminate against black people and it doesn't relate to the job, then it's appropriate to proceed with this prosecution. I actually think if the EEOC, if the government can show they're doing those two things, systemically discriminating and if the conviction doesn't relate to the job, I think they're going to prevail. You can't use a criminal background check to keep people from unemployed. Why would for example --

HERMAN: Yes, you can.

FRIEDMAN: Why would a drug possession have anything to do with being a waitress for example? If it were embezzlement -- well, it does happen all the time.

WHITFIELD: Keep someone from actually getting a job.

HERMAN: Whether they're violent felony convictions. That should be the test.

WHITFIELD: And then quickly, we did try to get a comment from Dollar General. It has not commented, but BMW spokesperson said this rather to the "Atlanta Journal Constitution." Quote, "BMW believes that it has complied with the letter and spirit of the law and will defend itself against the EEOC's allegations of race discrimination," end quote.

Tip of the iceberg on this case and we'll be revisiting it and we'll be revisiting you. See you again in about 20 minutes to talk about another case involving the lyrics to the song, happy birthday. We won't be singing it. Until we try to revolve this case by way of our Avery and Richards perspective.

Meantime, police thought they closed one cold case when they nabbed the suspected murder, but then he started confessing to even more killings.

(COMMERCIAL BREAK)

WHITFIELD: All right, as promised to the Faith and Freedom Conference right now and key note speaker, former Alaska Governor Sarah Palin. SARAH PALIN (R), FORMER VICE PRESIDENTIAL CANDIDATE: -- get more and more surreal. I was going to ask Ralph, too, if he'd encountered in protesters here. If there are any protesters, speak now or forever hold your peace because facing the protesters, facing critics is something I do well. And easy to put them in the parking lot in their itty bitty purple volts. What gives them away is that re-elect Obama bumper sticker. It might as well say yes, I'm still dense.

Really, I rolled my truck window down as I pulled up to these guys, some of them, and said, really? Why? Really wanting to know what is their thinking. Why would they support failed policies and one reply I got before the 2012 race, a guy said, well, I'm not a racist, so I voted for him to prove it. And I replied nor am I a racist and buddy, next time vote for someone else to prove you're not a knuckle head.

But now more than ever, it just seems so Orwellian around here. You know, 1984 and before this 1984, terms like leading from behind meant following and like the other day, the White House testifying for Congress, bragging that they used the least untruthful statements. Now, where I come from, that's called a lie. Yes, officials lied and governments spied and in Benghazi, government lied and Americans died.

But finally around here, those scandals are being revealed. Finally, you know, people are waking up to what's going on and these scandals are coming at us so fast and furious. And kind of remind me of a comedy routine that my friends at "Saturday Night Live" do. They should think of me as a friend, you know, for a while there, I was providing more job security for the Tina Feys of the world and doing more for those employment numbers than Obama's ever done.

But what SNL does is they have this skit where they do this fake newscast and read some completely absurd news report and then they finish it with an incredulous, really? Well, as in our government spied on every single one of your phone calls, but it couldn't find two pot smoking dead beat Bostonians with a hotline to terrorist central in Chechnya, really?

And -- it's built apparatus to sneak into all of the good guy's communications, but whoops a daisy, it missed the mass murder of its own troupes, despite this terrorist declared in numerous sessions and business cards, but oops, no red flags there, really? And our government passing something called Obamacare, but the affordable care act.

I'll repeat that, the affordable care act. And its chief result? Making our health care premiums enormously unsustainably more expensive with death panels to boot and now, hiring up to 16,000 to 20,000 perhaps armed IRS agents to implement this act. Well, the IRS, it can't figure out how it managed to spend over $4 million on a training conference because it didn't keep its receipts, really?

WHITFIELD: All right, there, you're listening to Sarah Palin, part comedian, part pundit there, at the Faith and Freedom Conference there in Washington. We'll continue to monitor her comments there and check in with our reporters who are on the scene as well. Meantime, U.S. Secretary of State John Kerry is speaking out on Syria. He says the use of chemical weapons and the involvement of Hezbollah, quote, "threaten to put a political settlement out of reach," end quote. As violence continues in the region, the U.S. says it plans to send small arms ammunition and anti-tank weapons to Syria's rebels.

And families in Colorado are starting to find out if their homes are among the hundreds that burned in the wildfire. Officials say 473 homes around Colorado Springs are lost. An I-reporter sent us this time lapsed video showing all the smoke rising. Crews have contained about 30 percent of the fire and calmer weather could help firefighters this weekend.

All right, Nelson Mandela reportedly is doing better. The South African civil rights leader's grandson has confirmed the news. According to the South Africa's news agency, the 94-year-old has been in serious, but stable condition since being rushed to the hospital with a recurring lung infection earlier this month.

And it's one of the most crucial parts of any trial, finding an impartial jury. That's what lawyers are trying to do right now in the George Zimmerman trial. Our legal guys will be back to weigh in on that case.

(COMMERCIAL BREAK)

WHITFIELD: All right, instead of taking to the high seas for cruise, some people are finding a more intimate experience floating down a river. Holly Firfer is on the go like Huckleberry Fin.

(BEGIN VIDEOTAPE)

HOLLY FIRFER, CNN CORRESPONDENT (voice-over): River cruising is becoming a popular way to see America.

STEPHANIE OSWALD, "TRAVELGIRL" MAGAZINE: Whenever you cruise on a river, you learn so much more about a place. You get to see not only the landscape and topography sailing by you, but you get to meet the people, everything from dance to food to music. It's really a great to feel just the culture of a region.

FIRFER: You can cruise on many waterways across the country. From the Columbia and Snake Rivers in the Pacific Northwest to the Hudson River, which carries ships through New York and just like Mark Twain, you can cruise the Mississippi and Ohio Rivers.

OSWALD: But the smaller ships sail for a more intimate experience and there are also a lot of themed journeys, so you want to find the one that's right for you.

FIRFER: River cruises carry around 150 passengers so you avoid the crowds on the megaships. A river cruise costs more than an ocean cruise, but the price often includes your drinks and shore excursions.

ASHLEY HICKS, CRUISE PASSENGER: It's different than a normal ocean cruise. (END VIDEOTAPE)

WHITFIELD: Nice. All right, so for more on river cruising, go to cnn.com/travel.

All right, would you pay $150,000 bucks to sing happy birthday, the song that you traditionally sing for free? How about with a price tag now? The company that own it is song, they say, says that you could owe that much if you don't pay a fee to them. Sounds like a case for our legal guys to tackle.

(COMMERCIAL BREAK)

WHITFIELD: All right, jurors in the George Zimmerman trial will be sequestered. The trial could last two to four weeks actually. Our legal guys are back, Avery Friedman in Cleveland and Richard Herman in Las Vegas. OK, gentlemen, Zimmerman is charged with second degree murder in the shooting of Trayvon Martin.

Yesterday was the fifth day of jury selection and lawyers on both sides are asking potential jurors what they know and how they feel about teenager's death last year. Richard, apparently, the group size has been whittled down 29. So, what is the makeup ideally of a jury in a case like this?

HERMAN: You know, Fred, -- you need a juror to speak the truth. You don't want a juror who comes in with preconceived notions and ideas about a case. You don't want jurors who are posting on Facebook about the case and then lying to the judge when asked are you posting on Facebook.

These stealth planes that fly under the radar, some of these come in with an idea that one way or the other, they're going to convict or acquit. You don't want that either. You want someone to come in and give your client a fair shake.

That's what our system is all about. That's what this is trying to ensure. Very difficult, Fred, especially in a high profile case like this where the jury will be sequestered.

WHITFIELD: In a case like this, high profile, it seems nearly impossible, really, to find impartial juror, so what's I guess the room being made by the attorneys? You know, that they are going to have jurors that know about the case, but two what extent?

FRIEDMAN: Well, that's the key in boudoir. Both by the prosecution and defense to probe, to inquire, to determine if you have impartial individuals who will serve on this jury, but the very courageous ruling this week by Judge Deborah Nelson, this is a big deal, that sequestering a jury is expensive, complicated, but it's the right thing to do. It will be two to four weeks, but it really is one way of controlling, limiting information getting to those jurors and that is a courageous and appropriate ruling and that's good for everybody.

WHITFIELD: It would almost seem like you would have to.

FRIEDMAN: A lot of judges won't. This is a big deal.

HERMAN: Fred, you have to and it will go more than a month, this trial. Two to four weeks is wrong.

WHITFIELD: Wow, interesting. It is fascinating and we're still in jury selection. Let's move on to this case, some might call it a little crazy. Talking about it involving the song, happy birthday, but now, it's the heart of a class action suit. A group doing a documentary on the song says the song written back in 1893 should be considered part of a public domain. The suit aims to block a music company from claiming it owns the copyright to the song and charging licensing fees for its use.

So who knew that happy birthday was copyrighted. Anyone who performs this song publicly from this point forward or pending the outcome of this case risks a $150,000 fine if they don't agree to pay a fee? Avery, under what circumstances are you going to -- what are you going to pay it?

FRIEDMAN: To Warner Chappelle, this claims it has the copyright. They're making $2 million a year from film and television alone. The plaintiff in this case has been paying them. What's really fascinating here and I think this is just terrific. I love this case. Someone is actually saying show me the copyright or is this merely a nursery rhyme from the 19th Century? That's the issue. That's what a court has to decide in the federal district court there in Manhattan and I think it's a blockbuster case and I'm not sure who's going to win this one.

WHITFIELD: So, when we say performing publicly, are we talking about for profit? If they are collecting already when it's in a movie or in some sort of on stage production, Richard? We're not talking about when you're at the kitchen table or in your house and you're singing this song happy birthday and you've got an audience there.

HERMAN: You owe, Fred. You owe. It's a different copyright there.

FRIEDMAN: That's right.

HERMAN: I think that you know, they want to argue it's a public domain and argue that the song has gone through machinations over the years. It's not the original song. I got to believe a couple million dollars a year in revenue based on happy birthday, that's pretty amazing and they may have to return some of that money if they lose the case.

WHITFIELD: You don't think the copyright will hold?

HERMAN: No, I read the copyright has expired.

WHITFIELD: There's an expiration date?

HERMAN: Let's all get together and sing that.

WHITFIELD: After the case is over. How about that? I don't have that kind of money. HERMAN: Good point.

WHITFIELD: Richard, Avery, thanks so much. Appreciate it. Always good to see you. All right, of course, the legal guys, we enjoy them every Saturday at about this time, giving us their take on the most intriguing legal case of the day, the week, the month, you name it.

All right, on the sports coming up, Tiger Woods is powering through pain to try to knock Phil Mickelson and Billy Horschel off the top of the leader board at the U.S. Open. Don Riddell is joining us live from the tournament from Pennsylvania with this "Bleacher Report" update. Give us the scenario out there. I know you're not going to whisper even though Paul Steinhauser was whispering. What's up?

DON RIDDELL, CNN SPORTS: You know, I can speak at full volume because I'm actually a fairway from the practice range here. The actual golf course is a mile away because of how they've had to set everything up here at Merion. They call third round moving day. The big question is which direction are the players moving because this golf course was really, really tough on Friday.

Phil Mickelson is absolutely right up there. He is one of only two players under par. He sunk a brilliant birdie on the 18th late last night to get himself to 1 under par, which means he'll play in the final group today. He's had so many heartbreaking run-ins with the U.S. Open over the years. He's finished second a record five times. He's desperately hoping he can win it this time.

Tomorrow is his birthday, by the way. Of course, Tiger Woods is always in contention or at least his fans would hope that he always is. He's 3 over par, 4 off the lead. But it's a nice, warm day here, the greens will be playing pretty hard and fast and I think that will suit his game, but he's never won a major from that far back before.

WHITFIELD: Wow. But anything can happen. That's the best thing about golf. You can't count someone in or out until that last hole is played. Don, thanks so much. Appreciate it.

Some bicycles are built for two. This one is built to fly, but only if you're planning a short trip. Looks fun there, doesn't it?

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WHITFIELD: Just two days away from the premier of our new morning show right here on CNN. It's called "NEW DAY." It begins Monday morning, 6:00 a.m. Eastern Time. Chris Cuomo, Kate Bolduan and Michaela Pereira will start your day with everything you need to know and you don't want to miss it. It's 6:00 a.m. right here "NEW DAY."

All right, here's one you have to see to believe, a flying bicycle. Three companies in the Czech Republic teamed up to make this contraption. Why, you ask, because they could. Big propellers of course there, keeping it up in the air. Almost like an airboat, right, but with pedals. It's operated by remote control as you see there, but it only stays in the air for about 5 minutes before the battery power runs out. A guy climbed up on the top of an electrical tower and then star started taking his clothes off. Another why? Why? Why did he do this? On a cruise in Los Angeles rerouted the power so the man wouldn't get electrocuted, bizarre behavior. He stayed on the tower for about four hours and finally, police convinced him to climb into a cherry picker and they brought him down unharmed.

I guess he wanted a little extra attention. You want to keep it right here all afternoon. We've got new royal revelations. I'll get all the details from a royal historian. People give their money to charities, thinking it will go to help sick people. But our investigative report says that doesn't always happen. You'll want to see this.

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