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Manhunt Continues For Accused Cop Killer In Pennsylvania; Search Continues For Missing UVA Student, White House Brached Twice In One Week; Police May Not Appreciate Apple's New Operating System; Congress Retires For The Month Of October

Aired September 20, 2014 - 12:00   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, much more straight ahead in the NEWSROOM and it all starts right now.

Hello, again, everyone. I'm Fredricka Whitfield. And here are the top stories we're following for you in the CNN NEWSROOM.

We are following two massive searches currently underway. First the manhunt continues for an accused cop killer who has been on the run for a week. We're live in Pennsylvania.

And the search continues for a missing University of Virginia student, Hanna Graham. Police releasing new details about who she may have met before she disappeared.

Then --

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Right now! Go back! Everybody into the park! Right now! Into the park!

(END VIDEO CLIP)

WHITFIELD: A man jumps the fence and makes it all the way into the White House. What the U.S. secret service is doing to prevent it from happening again.

All right. We begin with new clues in the case of a missing University of Virginia student. It has been one week since Hanna Graham went missing. She left dinner with friends in the Charlottesville area last Friday around 11:00 p.m. A few hours later, she sent a text to her friends saying she was lost. No word from her since. But now investigators have a theory on what happened that night. Police believe she got into a car with a man after that dinner with friends.

Let's go to CNN's Jean Casarez in Charlottesville, Virginia. So, Jean, why are police saying that they're confident she left with a man?

JEAN CASAREZ, CNN CORRESPONDENT: Well, some of it was caught on videotape, they say. Others, it's witnesses' tips, people in the area. You know, a lot of people were there a week ago Friday night in the downtown mall area. But I want to tell you what's happening today, because there are well over a thousand members of this community that are searching right now for Hanna and any clue for Hanna.

But we really do have a development, I think, today, because last night, the police chief was saying that the searches were going to be on the areas where Hanna had already walked, where videotapes showed that she had gone that night to have a second set of eyes, to try to see if they could find any of her personal belongings.

Here's the reality of what is being searched today, by these searchers -- manholes, gutters, vacant buildings, construction sites. And professional search and rescue operators are going to wooded areas. So the reality is far different. But this is a missing person's case. But as we know from the past, many times, it becomes a criminal, even a homicide investigation at the very same time, even though they don't say that publicly.

WHITFIELD: And then, Jean, how about her family? How are her parents holding up with this kind of information?

CASAREZ: Well, they're here in Charlottesville. They don't live here, but they are here. We have not seen them publicly, was the police chief said last night that they are so distraught, obviously, they are angry, they want answers. And I think that's one thing that's fueling this community.

You know, this isn't the first young woman to go missing from Charlottesville, Virginia. Right here at the Joan Paul Jones River. Morgan Harrington went missing back in 2009 and the community is telling me they've had enough. They don't want young women to keep going missing.

WHITFIELD: All right, young Hanna, her parents being from Fairfax County, Virginia -- northern Virginia where that outside the Washington, D.C. area.

Jean Casarez, keep us posted there from Charlottesville, Virginia.

All right, in the backwoods of northeast Pennsylvania, the manhunt for an alleged cop killer continues. This after reports overnight that shots were fired and police at one point had 31-year-old Eric Matthew Frein cornered. He is the man authorities say killed one state trooper and injured another last week outside of police barracks.

Jason Carroll has the latest.

JASON CARROLL, CNN NATIONAL CORRESPONDENT: Well, people out here, still very much on edge, especially after what happened in this area last night. Heavy police presence, shots fired. This all happening just at about 7:00 last night. That's when the first reports started coming in of shots being fired. Shortly thereafter, an alert went out, warning residents to stay in their homes, stay off the roads, and to stay away from windows. That alert state in effect until this morning. At this point, investigators are trying to do everything they can to

narrow their search, to shrink their search for Eric Frein. What they've basically been doing is working in a grid-like sort of system, eliminating places that he's been, trying to cut off places where he could potentially go. Once again, trying to shrink that area where he could be moving around. They believe, actually, every since Thursday, that he was in the area.

He's been described as a survivalist. But, you know, there is a theory that even if he is a survivalist, even if he does know this back-wooded area very, very well, he still, at some point, might need food, might need water, might need shelter. So that is what investigators are going to be banking on. They know that this man has already proven himself to be deadly and they are doing everything in their power to catch him before he hurts someone else.

Back to you.

WHITFIELD: Jason Carroll, thank you so much.

All right, there is reason to celebrate today for some families in Turkey. Dozens of Turkish hostages abducted by Islamist militants in northern Iraq are now free after three months in captivity. ISIS militants had raided the Turkish consulate in June and seized 49 people, including children. It's not clear exactly how they were released, but Turkey's president put a statement on his Web site, thanking Turkish intelligence officials.

Back in this country, President Obama and his national security team are preparing to arm Syrian rebels to fight ISIS militants in Iraq and Syria. The House and Senate gave the president approval to move ahead and approve money to pay for it. It was a bipartisan vote. Florida House member Tom Rooney, however, voted no.

(BEGIN VIDEO CLIP)

REP. TOM ROONEY (R), FLORIDA: These Syrian rebels that we're talking about arming, we've been trying to get to know for some time, it isn't just a new idea. It's had pretty mixed results, which is another reason why I oppose. But in the end, I think that when you say and the president says that they're not imminent, yes, they're probably not coming here today or tomorrow. But their goals and their intentions are to wreak havoc in the Middle East and do whatever they can to recruit people to be able to get back here and get back into Europe. So that is their goal. And certainly, it is something that we should take seriously. And I'm glad that the president says that they need to be destroyed. Funding the Syrian rebels is not going to do that.

(END VIDEO CLIP)

WHITFIELD: New York House member Gregory Meeks voted yes. He he's joining me now live. So congressman, why did you vote yes?

REP. GREGORY MEEKS (D), FOREIGN AFFAIRS COMMITTEE: (INAUDIBLE) best plan that's out there. One, we know that ISIS is -- or ISIL is a group that we have to destroy. So then, how do you do that? Well, and they're also a threat to the region. The immediate threat, the imminent threat are those countries in Iraq, in Saudi Arabia, in Turkey, in Jordan.

So, we know that they're bringing a coalition together in Iraq with the Kurds, with the Sunnis, that government there. And when they push them back to Syria, we know that then, there needs to be a ground force there that will stop them. We will be of assistance through the air, through the ground forces in training of these individuals in Syria is important so they can be the ground force on the ground in Syria. And it is individuals who have been fighting ISIL already. And so we know that they have some -- that the will to do it, now we want to give them the training and the weapons that they need to continue that fight on the ground.

WHITFIELD: So congressman, does it concern you, of those countries that you mentioned, Saudi Arabia, Jordan, as well as Turkey, they are not lending the same kind of support to the U.S. right now is committing the to this fight. Does that concern you at all?

MEEKS: Well, I think that there's the dialogue that's going on, because what the president has also said, it's military as well as diplomatic, Saudi Arabia has agreed already, that they will fly along with the United States doing some airstrikes. There's current conversation that's still taking place in regards to others. I know that secretary of state John Kerry testified before the Florida affairs committee, just this past Thursday, where there are some 50 nations that are involved in these conversations, as we currently speak.

The president has indicated this is not something that's going to happen overnight. And so, while we're working those coalitions together and talking together, to figure out collectively what we need to do on a collective basis, we're also training at the same time, because training's not going to take just a few hours or a few days, those individuals that are in the fight now. And I believe that as a result, we'll have a multi-lateral force that's coming together to make sure that we get rid of ISIL.

WHITFIELD: And do I have this right, you did not vote yes for the war in Iraq. What's different here? Why did you vote yes on this kind of military engagement?

MEEKS: Because when we talked about Iraq, what I was looking for is what the president said was taking place at that time. He said there was an imminent threat to the United States and he indicated that there was weapons of mass destruction and there was a direct implication that Iraq had something to do with 9/11.

Upon my going to meetings and examining, I found there was not an imminent threat to the United States, there were no weapons of mass destruction that was proved by the administration that I was talking about, and so therefore -- and there was no connection to 9/11.

WHITFIELD: And today you're convinced of the imminent threat? MEEKS: And today, there's no question. The president said it's not

an imminent threat to our homeland, but there is, if we don't do something about ISIL, in the future it will be, but there is a threat in the region, because the goal of what this organization, ISIL, is looking to do now is to create an Islamic state in that area, in the Middle East. And we cannot allow that to happen either. And that's why we've got to work collectively with others who have that, who are of interest and in direct threat by this group of ISIL.

WHITFIELD: And you feel confident about the identification of who these Syrian rebels are when it comes down to arming them, training them, with U.S. resources?

MEEKS: You know, there's no 100 percent guarantees on anything. And I keep hearing people coming with a hypothetical example, saying, what if it doesn't work. I don't hear people saying, well, what if it does work? What we do know is we need troops on the ground. We do know that these individuals are have been fighting ISIL already. Because they are living in these villages and ISIL as well as the Assad regime are threats to them.

And so therefore -- and they're doing it with little to nothing. No training and no proper equipment. So I believe that with the proper vetting, and utilizing our friends, you know, the Kurds, who also, we have Syrian Kurds who are there, and others, to help us get the intelligence on the ground, vet them, watch them, train them. I think that that's our best bet.

WHITFIELD: Congressman Gregory Meeks, thanks so much for your time today. Appreciate it.

MEEKS: Good to be with you.

WHITFIELD: All right. Coming up, Roger Goodell says he messed up. But he's not going anywhere. New damaging details are emerging, however, about the Ray Rice tape and who really may have known about it all along.

Then, a shocking security breach, a man jumping this fence. Live pictures right now outside the White House, 1600 Pennsylvania Avenue and that man even getting inside the White House. Details on how someone got into this most secure address when we come back.

(COMMERCIAL BREAK)

WHITFIELD: The U.S. secret service is trying to figure out how a man jumped the fence and barged right into the White House before guards were able to apprehend him.

CNN's Erin McPike picks up the story at the White House.

(BEGIN VIDEOTAPE)

ERIN MCPIKE, CNN GENERAL ASSIGNMENT CORRESPONDENT (voice-over): A security breach at the White House this flagrant seems unthinkable.

UNIDENTIFIED MALE: Get back! Get back!

UNIDENTIFIED MALE: Everybody back in the park!

MCPIKE: But Friday night, the man captured on this cell phone video not only scaled the fence in front of 1600 Pennsylvania Avenue, he ran up to the building and barged through the front door. Secret service officers yelled at 42-year-old Omar Gonzalez to stop, but they didn't shoot. According to a law enforcement official, he didn't appear to be carrying anything, and may have been mentally disturbed.

DANIEL BONGINO, FORMER SECRET SERVICE AGENT: They're going to have to do something with the fence. Even if it's something as simple as curving the bars over towards the street side, the Pennsylvania avenue side, which would make it harder to scale. Remember, time buys you options. And right now, they don't have time. You scale the fence. You're almost right at the door.

MCPIKE: Once he got inside, officials apprehended Gonzalez. An ambulance took him to George Washington University medical center for evaluation.

UNIDENTIFIED MALE: Everybody turn around and head out the gate here. You'll have to go out to 17th street, please.

MCPIKE: Parts of the White House and the press corps were evacuated while secret service combed through the bushes and grass to make sure Gonzalez didn't drop anything on the grounds.

The incident happened just four minutes after the first family had left the White House grounds for the weekend. This isn't the first time a White House breach has occurred, but almost all fence jumpers are captured within seconds.

BONGINO: I've never heard of such a thing. You know, I've been there for hundreds of fence jumpers, and they never make it even close. You know, we have dogs, there's multiple layers of security. There was a failure here.

MCPIKE: To ensure no risks to the family upon their return, the secret service agents pictured here began a k-9 sweep of the north grounds to reconfirm Gonzalez left nothing behind as soon as it was light enough this morning.

(END VIDEOTAPE)

WHITFIELD: All right, CNN's Erin McPike joining us right now live. So are things somewhat back to normal now? Are you seeing any kind of new security changes that are obvious?

MCPIKE: Well, Fred, we did have that k-9 sweep this morning, right after about 7:15, and a secret service agent came up to me and said, everyone needs to go inside so that they could complete that search.

We have seen more secret service agents out today, walking dogs back and forth. And I will tell you, when I arrived this morning, there were more secret service agents outside than there are normally are around 6:00 a.m. on a Saturday. And they were in clusters talking about why this happened, in very hushed voices. They didn't want any of us to hear. But it certainly is the talk here today about why this possibly could have happened, because it is a huge breach, Fred.

WHITFIELD: Pretty significant, indeed. All right -- and as you mentioned earlier, just narrowly, I guess, escaping the presence of the president in the White House by just about four minutes. All right. Thanks so much. Keep us posted.

All right, coming up, it's not exactly good news for Roger Goodell. Brand-new claims about who really knew what and when about the Ravens' Ray Rice tape.

But first, more than 10,000 children in the United States will be diagnosed with some form of cancer this year according to the American cancer society. Well, this week's CNN hero gives sick kids a weapon to fight the pain and the fear.

(BEGIN VIDEOTAPE)

UNIDENTIFIED CHILD: I really hate when it hurts. It's a really sharp pain. I get all teary. The shots really scared me a lot, and they still scare me now.

RABBI ELMELECH GOLDBERG, CNN HERO: When children get a diagnosis like cancer or any major disease, they lose any sense of feeling that they're controlling their lives. They're prodded and poked and touched, and they're often so afraid.

Our daughter Sara Basia (ph) was diagnosed with leukemia. She was such an incredible little soul who taught me about the power that's inside of ourselves. Are you ready?

CHILDREN: Yes!

GOLDBERG: OK. Begin.

After our daughter passed away, I started a program that provides classes to children who are sick to teach them martial arts to make them feel powerful.

Every single type of martial arts uses the breath to take control.

I'm a black belt in tae kwon do.

Hold it and then release.

We use the martial arts as a platform for meditation, for relaxation, to allow children to gain these tools.

You're totally in control.

To really face down so much of the fear, the anger that accompanies pain.

Breathe in. And you can see that light on their face. I feel like their souls are

shining.

Hey, you did it!

UNIDENTIFIED CHILD: I do have the power to make the pain go away. And nothing's impossible. Nothing.

(END VIDEOTAPE)

(COMMERCIAL BREAK)

WHITFIELD: NFL commissioner Roger Goodell admits he mishandled the domestic violence scandal involving Ravens' Ray Rice. In a major news conference Friday, he vowed to do more to stop domestic violence. But to all those people who want him to step down, he says, he hasn't even considered that.

Here's CNN's Nick Valencia.

(BEGIN VIDEOTAPE)

(BEGIN VIDEOTAPE)

NICK VALENCIA, CNN CORRESPONDENT (voice-over): Roger Goodell speaking at a Manhattan news conference amid calls for his resignation.

ROGER GOODELL, NFL COMMISSIONER: I got it wrong on a number of levels from the process that I led to the decision that I reached. But now I will get it right and do whatever is necessary to accomplish that.

VALENCIA: The embattled NFL commissioner apologizing for what he said was a mishandling of the Ray Rice domestic violence scandal. Here's a question from CNN's Rachel Nichols.

RACHEL NICHOLS, CNN ANCHOR, UNGUARDED WITH RACHEL NICHOLS: Roger, you've had pretty extreme unilateral power in deciding discipline. But as you've said a few times, you've gotten it wrong in a few cases, and that tends to happen when there's no checks and balances. How willing are you to give up some of that power? And do you think that would be the right thing for you to do?

GOODELL: Well, Rachel, as I said in my statement, everything is on the table. We're going to make sure that we look at every aspect of the process of how we gather information to make a decision, how we make that decision, and then the appeals process.

VALENCIA: Even as Goodell pledged to move ahead, questions still loom in the Rice case about who knew what when after TMZ released the now infamous inside the elevator video.

GOODELL: We asked for it on several occasions according to our security department. We asked for it on several occasions over the spring all the way through June from February through June. So I'm confident that our people did that. VALENCIA: Two security camera videos put the Rice case squarely in

the public eye, showing the former Baltimore Ravens star running back knocking out his then-fiancee with a punch last February. A source within the Ravens organization tells CNN that hours after the incident at the Atlantic City hotel and casino, the head of the Baltimore Ravens security, Darren Sanders, spoke with Atlantic City police who described in detail the elevator video to Sanders.

ESPN is reporting that Sanders then shared the information with team executives and that those executives started extensive public and private campaigns for leniency for rice according to ESPN.

The Ravens issued a statement late Friday saying the espn.com outside the lines article contains numerous errors, inaccuracies, false assumptions and, perhaps, misunderstandings. The Ravens will address all of these next week in Baltimore after our trip to Cleveland for Sunday's game against the Browns. A source within the Ravens organization tells CNN the Ravens never saw the video until TMZ first released it.

(END VIDEOTAPE)

WHITFIELD: All right. Nick Valencia joining me live thousand. So there has been, you know, mixed reaction from the football community.

VALENCIA: Well, both current and past NFL players, very critical of Roger Goodell saying, what are you going to do? You know, you've been very strict in the past against teams like the New Orleans Saints during Bountygate, when players were paid essentially from a slush fund to go after opponents, illegal hits.

So they said you were very strict to the New Orleans Saint. Why weren't you more accountable yourself? In fact, Troy Inkman, super bowl winner weighing in with this tweets, I can only imagine how upset Sean Payton, coach of the New Orleans Saints, and the New Orleans Saints must be watching the commissioner's press conference, Fred. All around the league, again both current and past players some saying that this won't end until either Roger Goodell is removed or steps down.

WHITFIELD: That's fascinating. OK, really at the tip of the iceberg. All right, Nick Valencia, appreciate that. Thank you.

VALENCIA: You bet.

WHITFIELD: All right. About five minutes from now, our legal guys take a look at Roger Goodell's promises to change the league's code of conduct.

And later this hour --

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: My god!

(END VIDEO CLIP) WHITFIELD: That's an SUV flipped over, trapping three teens in a river. And you can see everyone there trying to carry out an amazing rescue when we come right back.

(COMMERCIAL BREAK)

WHITFIELD: All right, bottom of the hour now. Welcome back. I'm Fredricka Whitfield. Here are the five things crossing the CNN news desk that you need to know right now.

A massive police present, shots fired, and residents on lockdown. That was the scene northeastern Pennsylvania overnight. Alleged cop killer Eric Matthew Frein is still on the loose after reports that police had Frein surrounded in a house near the suspect's family home. Police couldn't confirm that report, but a government official says police did exchange gunfire in that area with an individual believed to be Frein. Police say he is responsible for killing one trooper and wounding another outside his state police barracks last week.

And one week after a University of Virginia student disappeared, more than 1,500 people have volunteered to help in the search for 18-year- old Hanna graham. Yesterday, police searched the apartment and car of a man they believe was with graham the night she vanished. The individual has not been arrested, but police say he matches the description of a man seen inside a bar with graham after she left dinner with friends.

All right, now to the controversy surrounding former Baltimore Ravens running back, Ray Rice. A source tells CNN, Atlantic City police described the video showing Rice punching his then-fiancee to Ravens' head of security. And ESPN is now reporting the head of security shared that detailed description with team executives.

The Ravens responded to that in a statement saying, quote, "the ESPN.com outside the lines article contains numerous errors, inaccuracies, false assumptions, and perhaps misunderstandings," end quote. Well, this comes after NFL commissioner Roger Goodell spoke about his handling of the growing controversy yesterday.

(BEGIN VIDEO CLIP)

GOODELL: Unfortunately, over the past several weeks, we have seen all too much of the NFL doing wrong. That starts with me. I said this before, back on August 28th, and I say it again now. I got it wrong in the handling of the Ray Rice matter. And I'm sorry for that. I got it wrong on a number of levels.

(END VIDEO CLIP)

WHITFIELD: All right. Let's check in with our legal guys. Avery Friedman, a civil rights attorney and law professor in Cleveland. Richard Herman, a New York criminal defense attorney and law professor joining us from Las Vegas. Good to see you both, gentleman.

UNIDENTIFIED MALE: Hi, Fredricka!

UNIDENTIFIED MALE: Welcome back, Fred. You made it, you made it!

WHITFIELD: I made it, indeed. We'll talk more about that later, the survival skills that had to come into play.

All right, so let's talk more about this. So if, indeed, the ESPN report turns out to be true, did the Baltimore Ravens have a legal obligation to describe this video to Roger Goodell? And if, indeed, that were to have taken place, wouldn't that compel him to want to see it, Richard?

RICHARD HERMAN, CRIMINAL DEFENSE ATTORNEY: Well, Fred, I don't know if it's a technical legal obligation, but the Ravens are contracted as a team and in the NFL. They have all sorts of responsibilities to turn over and be forthright and open with the commissioner's office.

And getting this information, they should have turned it over immediately, but the NFL should have been able to get the same report that the Ravens claim they got. And when Goodell stands up there and says he got it wrong on numerous occasions, and we look as your reporters, Nick Valencia brought up before, how they treated the New Orleans Saints in the past, Goodell, how he has this supreme power in him. If you are looking for credibility in the NFL, Goodell must leave now.

If a player -- if allegations are filed against a player, players get suspended! They get suspended! Why doesn't Goodell get suspended, because there are allegations against him? And the owners should investigate him. No good, Fred. Big problems in the NFL.

WHITFIELD: Well, I think it's interesting, too, Avery, because the policy, the code of conduct really leaves it to the discretion of the commissioner. So I don't know what, you know, what kind of policy he has to adhere to, but for the players, it's very clear that, you know, he gets to be, you know, the judge and the jury, essentially. Will that likely change?

AVERY FRIEDMAN, CIVIL RIGHTS ATTORNEY: That's right. Well, you know what? Rachel Nichols showed great journalism heroics yesterday during the press conference. And asked the commissioner, look it, if you're the judge and jury, as you put it, Fredricka, how is there any way of checks -- is there a system of checks and balances? And he said, well, everything's on the table. Meaning, of course, he didn't answer the question.

But I want to take it back to the question that you're asking about the legality. If the Ravens knew about it and I think they had a legal and a moral obligation to share it with the league. And frankly, the "Associated Press" claims that Atlantic City law enforcement shared it with the league back in April! So there are a multitude of errors, mistakes that continue on.

And I think the turning point, Fredricka, on legal issues, was when Rachel Nichols said, look it, the same law firm that you have negotiating television deals, you're assigning to do the investigation in the Ray Rice case. That's the end. Where Richard and I are actually in agreement in, is that Roger Goodell both morally and legally, I think it's time for him to go.

WHITFIELD: You do?

FRIEDMAN: Absolutely.

WHITFIELD: Before that is or would happen, because he's already said he hasn't even given that any consideration, he does promise that there will be some sort of policy changes, code of conduct being one of them. And then right now, the NFL personal conduct policy, it does say that it will be considered conduct detrimental for covered persons to engage in violent and/or criminal activity.

But certainly, Richard, it does seem to be, you know, fairly arbitrary, what is detrimental. Does it mean suspension, does it mean removal? And when Goodell says that he is going to revamp or, you know, I guess, rewrite this personal conduct policy, what does that policy need to say? Does it have to spell out specifically, whether you're a suspect, whether there is evidence of, whether you are convicted because right now, it doesn't spell out with that kind of specificity?

HERMAN: And that's the problem, Fred. And that's why you have a criminal justice system. And that's why an organization like the NFL, which has numerous flaws in it, and which is getting bombarded with media coverage today, and on these issues, and people seem to think this is going to cure the worlds and domestic battery, et cetera, because the NFL has a few players involved in it, that's not going to happen.

But the NFL, Fred, is in trouble right now. And that's why you have the criminal justice system, with the powers and the investigative tools they have. It's very dangerous, when you give those powers to a man like the commissioner of the NFL, to unilaterally make determinations on athletes' lives, the NFL life span is maybe five, six years for a player and it's over for them. And to suspend and terminate, it's extremely important, and they don't have the ability, I think, to do it. That's the problem.

WHITFIELD: So Avery, you're disagreeing on a lot of that. But is this any different from any mainstream employer? You know, that there is code of conduct policies. They can make a decision on when to remove you from your job if you have violated your conduct or their policy on conduct? Is this the same or is it different here?

FRIEDMAN: Well, the difference is, I don't think the criminal justice system has anything to do with the employment policies. That's --

HERMAN: It has everything to do with it. Everything.

FRIEDMAN: -- you quoted for seven years, for seven years, without any consequence. It's amorphous, it doesn't tell players what is permissible, what is not. Frankly, it is time to change the policy. They could have done it long time ago.

And let me tell you something, if somebody at turner or CNN screws up doing something like what we said with Ray Rice. We don't have to worry about the criminal justice system. That employee is gone and the rules should be the same for the NFL.

WHITFIELD: All right, guys. I know we're not done with this topic. It will come back, we know it will. But there's yet another case we want you to weigh in on when we come back.

Plus, police may not like Apple's new operating system. It keeps more of your information private than the old one. We'll tell you how it works and why law enforcement may not be pleased, next.

And later, plane passengers behaving badly. How a former flight attendant is fighting back against rude passengers.

(COMMERCIAL BREAK)

WHITFIELD: All right. With the unveiling of the iphone 6, Apple is also revealing a new operating system that will impact everyone's privacy. The IOS8 system encrypts iphone and ipad data, preventing the U.S. government from seeing it.

Our legal guys are back. Every Friedman in Cleveland, Richard Herman in Las Vegas.

OK. So what is this new operating system mean, perhaps for prosecutors and police in general, Richard?

HERMAN: Well, Fred, from what I've been reading, the IOS8 system makes it impossible for Apple to reveal information on your phone. So pursuant to a subpoena from the federal government or state government to turn over information on your cell phone, Apple can't do it anymore. So everybody's real happy about that and jumping up and down. Except that in this age of terrorism, when people can get these phones and communicate freely and not have the information turned over or recorded or somehow reviewed by law enforcement, investigating crimes, it's a problem, Fred.

WHITFIELD: And so then I wonder, Avery, you know, this new security system, is this an admission, then, that Apple might be culpable in past breaches, if they're saying, we want to put this in place, you know, because it can never happen again. But clearly it has already, you know, there's some precedence. It's already happened, many times.

FRIEDMAN: Yes, that's a great legal question. The answer, however, is no. Apple could never promise that because it was out there on icloud, that law enforcement wouldn't pick it up. They can't now with the new system. If they're going to get a warrant, they'll have to go to the encrypted telephone, rather than to the provider. So the bottom line is this is a brand-new era in personal privacy. It's a big deal. Law enforcement will have to figure out how to get their hands on the phone rather than go to Apple instead.

WHITFIELD: And bottom line, I wonder, you know Richard, what should -- I mean, still, what should be the expectation for any consumer? Any user of, you know, getting online, using their phone, computers, et cetera, how much privacy should they really expect?

HERMAN: Hey, Fred, my father told me a long time ago, don't put anything in writing you don't want published to the world.

FRIEDMAN: Is that what he told you?

HERMAN: In today's day and age, if you take naked pictures of yourself and sex videos and store it on your phone, don't you really a little bit want it released to the public? I mean, why would you even do something like that? It's insane. It's absolutely insane.

That's what these people do. These people do this and then they release it and then they make believe, how did it get out there, I didn't want -- they pay people to put it out there. It's ridiculous, these non-celebrities, making millions of dollars, name begins with a "K," I can't even say it, it's disgusting.

WHITFIELD: Avery, how you going to top that? That's hilarious.

FRIEDMAN: I agree with Richard's father, I guess. I don't know. It doesn't make any sense. But I've got to raise this issue, Fredricka. I know you competed in a triathlon, you trained for seven months to benefit children's hospital. And you walked away with something, didn't you?

WHITFIELD: I know, that was the biggest surprise of all. OK. First of all, it was so -- yes, there I am, of course -- you know, the woman with the mouth open, because I can't help myself, always just a loud mouth. But I had a great time with Sanjay Gupta's fit nation team. There we are there. And then, of course, there is an even bigger, you know, Time Warner team.

But this is -- that really helped profile the six viewers who committed to competing in that marathon of a triathlon. It was a triathlon, there in Malibu. But fantastic people along the way.

And yes, I walked away with a bronze medal! And if you cross the finish line, you get this medal representative of the Malibu classic and then I got very lucky and I don't though how things came together, but I got the bronze medal in my division.

FRIEDMAN: It's your Olympic DNA. That's what that is. Seven months of hard training. Fabulous!

WHITFIELD: Thank you! That would be really great. However, my mom when she saw the videotape of me running, my mom was there, but she didn't actually see me coming across the finish line. So when she saw the videotape of me running, she said, your form is terrible. I hope your father's not watching. So, there goes the whole Olympic blood thing. My running form, not so pretty.

HERMAN: A wonderful deal. Congratulations.

WHITFIELD: Thanks so much. It was fun. You guys were in my thoughts.

FRIEDMAN: Very proud of you.

WHITFIELD: Thanks! It was a great challenge to take part in. Appreciate it, guys. All right, good to see you.

Of course, you can catch our legal guys every weekend at about this time, taking on the most intriguing legal cases of the day, week, month, you name it. They're always -- they're always gold medal finishers! Yes! And we'll be right back.

(COMMERCIAL BREAK)

WHITFIELD: All right. It is fall break for Capitol Hill. Members of the house and Senate have recessed for the entire month of October. Most of them are going home to campaign to keep their seats in the upcoming election. Senator Claire McCaskill explained the origins of this six-week break.

(BEGIN VIDEO CLIP)

REP. CLAIRE MCCASKILL (D), MISSOURI: The tradition, I think, began because the House of Representatives runs every two years. And for many, many years, the House has adjourned for the month of October.

(END VIDEO CLIP)

WHITFIELD: All right. We're only 45 days from midterm Election Day and there's a lot at stake, including whether Democrats will keep control of the U.S. Senate. Fareed Zakaria sat down with former president Bill Clinton and asked him who he thinks will prevail.

(BEGIN VIDEO CLIP)

FAREED ZAKARIA, CNN HOST, FAREED ZAKARIA GPS: Got to ask you about some politics. Are the Democrats going to hold the Senate?

BILL CLINTON, FORMER PRESIDENT OF THE UNITED STATES: I think so, but it's going to be close. And it depends, frankly, on whether we can continue to match the money provided by all these outside groups. I think the Koch brothers are going to spend about $300 million in the last couple of months and it depends on who turns out. We have got to somehow, sooner or later, to convince the people that vote in presidential elections for our side, they have to vote in the congressional elections. And if they don't, they can complain when they lose governorships, state legislatures, and members of Congress for the senators who happen to be up in that year.

We've got a lot more senators up this year than the Republicans do. We have them up in states that President Obama did not carry in 2012. But they're running great campaigns and where we seemed to be doing reasonably well. But if you look at all these polls, which are all over the place, they're all accurate. That is, the real question in polling today is the sample you pick based on who you think will vote. And the answer to that is, no one knows. So, if we can get our turnout up, we'll be fine and they'll hold the Senate.

(END VIDEO CLIP)

WHITFIELD: And don't forget, you can catch Fareed Zakaria every Sunday on "Fareed GPS," 10:00 eastern and also 1:00 p.m. eastern time. And we will be right back.

(COMMERCIAL BREAK)

WHITFIELD: All right. Thanks to a few good Samaritans, a tragedy was avoided in Salt Lake City, Utah. And the dramatic rescue was all caught on camera.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Go, go! Come on! Get down there! Go! Jump! Jump! I don't know, man!

UNIDENTIFIED FEMALE: Yes! My God, yes!

UNIDENTIFIED FEMALE: My God!

UNIDENTIFIED FEMALE: My God. My God!

(END VIDEO CLIP)

WHITFIELD: Wow! Extraordinary. You can see right there. It was upside down and then folks came together and tried to right side -- inside, three teenage boys. Somehow, that vehicle slid off a bridge while allegedly going too fast on Thursday. And the driver and passengers are all alive now because of these bystanders that jumped in and turned that vehicle over and were able to rescue them. Extraordinary.