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Senate Returns to Battle Over Patriot Act; Beau Biden Succumbed to Brain Cancer; John Kerry Injured; Five Taliban Militants Could Be Free To Travel Within Hours; Sniper Fears Abound In Northern Colorado Town. Aired 4-5p ET

Aired May 31, 2015 - 16:00   ET

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

ATHENA JONES, CNN CORRESPONDENT: That means, we're talking about phone numbers, the calls -- the callers' locations, the length of the phone calls, but not the content. They're not listening in on those calls.

[16:00:02]

That's what will expire at midnight tonight or I should say early tomorrow morning, that expires, but it's not just that, it's also a roving wiretaps. At midnight, they could lose, if they don't extend this law, would lose the ability to track terror suspects who are frequently changing their cell phones, so, changing their communication device.

Also, the lone wolf provision. That is a provision that allows the government to conduct surveillance on non-American citizens who are believed to be involved in terrorist activities, but aren't linked to any specific known terror group. And of course, lone wolves, one of the fears we hear folks here in the U.S., national security officials talk about a lot. Those three provisions, not just that one about phone data collection would expire if the Senate doesn't act.

RANDI KAYE, CNN ANCHOR: And, Athena, what do we expect to happen on the Hill today where you are?

JONES: Well, it is anybody's guess because we are here in the Senate but we know they are going to be convening, the chaplain saying the prayer right now, they are coming into session, gaveling in. In an hour, the Republican conference is going to be meeting, so Senate majority leader Mitch McConnell will meet with his caucus, with his party and they'll talk about a way forward, talk about a plan to try to get this done.

But here's the bottom line I should tell you, even if they are able to do a procedural vote that allows them to move on to one of the bills that didn't pass last week, like the USA Freedom Act, the bill that passed the House with an overwhelming bipartisan support, even if they are able to get on that bill today, we don't necessarily expect a final vote on that today.

It is more than likely that these provisions are going to expire tonight. What's unclear is how quickly the Senate will be able to come together on something over the next couple of days.

JONES: All right, Athena Jones, thanks very much. As we continue to look at these live pictures from Capitol Hill. We should tell you, the NSA and other security agencies say our nation's security could be put at risk if the Senate doesn't act quickly. We just got this statement from House Speaker John Boehner saying, "anyone who is satisfied with letting this critical intelligence capability go dark isn't taking the terrorist threat seriously. I'd urge the Senate to pass the bipartisan USA Freedom Act and do so expeditiously."

Justice correspondent, Pamela Brown, joining me now live from Washington. Pamela, is there some hyperbole here in what the government is saying? Aren't there other ways for the government to accomplish these same goals?

PAMELA BROWN, CNN JUSTICE CORRESPONDENT: Well, there are other tools that the government will be able to use. Tools that they use more frequently than these other three provisions including, surveillance, getting fisa orders for monitoring e-mails, house searches, that kind of thing, but what I'm told just from talking to counterterrorism officials, Randi, is that these three provisions, they're specialized tools, and we are in a time right now where the threat is higher than ever, the terrorism threat.

So officials are saying why take away these tools that could help stop terrorist attacks in the future and that have helped? We heard John Brennan, the CIA director say today on CBS that these tools, these provisions have helped. Now, it's tough to say that either any one of them have single-handedly stop terrorist attacks because officials take a comprehensive approach and use a lot of different tools to stop terrorist attacks but Brennan saying, "yes, these tools have helped. We are in a time of high threat. So, why take any thing away?" Who is comfortable with taking these tools away during this time, Randi?

KAYE: So Pamela, what would be the net impact, if those three components of the act expired? I'm talking, of course, about the bulk data, the telephone bulk data collection, the roaming wire taps and the lone wolf tracking? What if they are not renewed by the Senate?

BROWN: What I'm being told here by officials is that look these tools are critical, there is a concern that if they go away, that this could contribute to a loss of coverage of potential terrorist - terrorists. But I am told that look counterterrorism efforts in the U.S. will still proceed.

Like I mentioned before, there are still a number of important tools that will be available to officials but that this could contribute to a loss of coverage and that I think is what they are most concerned about, Randi, is that there will be gaps now for officials to monitor certain people and therefore, that could contribute to a problem down the road. As one official I spoke to said, it's difficult to quantify potential problems in the future, we don't know what the future threat landscape is going to look like, and so I think that's a big reason why they want to have these tools readily available. Randi? KAYE: And let me ask you specifically about the lone wolf provision,

which lets the government track a potential terrorist unaffiliated with a terror group. That reportedly has never been used. So, why is it so important? Why keep it?

BROWN: So I asked that question to a counterterrorism official just recently. What I'm told is, look, like I was saying, we don't know what the threat landscape is going to look like a year from now, two years from now. So, why take a tool away that isn't hurting anyone? That's what this official said that I spoke to, why take something away when we don't know what the future holds?

I think that is the key point that that counterterrorism officials, the FBI is trying to get out there, even though we have never used this lone wolf provision, why take it away now?

KAYE: All right, Pamela Brown, thanks so much, appreciate it.

[16:05:00]

And joining me now is Cedric Leighton. He is the former deputy director of training for the NSA and a former member of the Joint Chiefs of Staff. Cedric, good to see you. So, what happens exactly, now that the NSA is starting the process of shutting down the data collection program, happened about just six minutes ago that began?

COL. CEDRIC LEIGHTON, FORMER NSA DEPUTY DIRECTOR OF TRAINING: Right, Randi. So, what's going to happen here is each one of the collection efforts that are ongoing right now and particularly those that deal with lone wolves and also the idea of in essence following a person instead of their mobile device or their telephone calls, that is going to be adversely affected, more than anything else that we are dealing with right now.

So, when that happens, what you're going to see is in a basic shutdown of those collection efforts, it doesn't mean that they are going to stop collection, as you correctly pointed out, but what will happen is those investigative leads that you get in each of these areas, they are going to be either stopped or hurt, because those critical pieces of information are going to disappear, at least for the period in which we don't have anything governing this kind of collection effort.

KAYE: How much does this concern you? I mean, does this put the country at risk?

LEIGHTON: Well, most certainly, because everybody is moving toward an online presence. The virtual worlds and the physical worlds are, in essence, becoming one in the same, so when you track criminals or terrorists, you also have to track their devices and you have to track them using their devices. In order to do that effectively, you have got to, in essence, follow the person just as much as you follow the device.

And that's really where the significant difference is. As Pamela Brown pointed out in her report, as we move into this future of everything being connected, whether it's a smartphone or a tablet or even, you know, more physical things, all being connected to the internet, it's going to be really essential that law enforcement understand, you know, what these people are up to and the one way to go that is to somehow connect to each of their systems, each of the things they are using, so you can follow what they are doing.

You don't want to do that for everybody, because that would be not only highly ineffective but also incredibly intrusive, but for those who are targets of surveillance and who are potentially bad actors, as we call them, that becomes a critical, critical issue and so I am quite concerned that we are, in essence, throwing everything out before we are really picking the pieces that we need in order to conduct effective electronic surveillance in this age.

KAYE: And let me ask you what your reaction is to this claim by the White House. An official there saying that not extending the Patriot Act is like playing Russian roulette with national security. Do you believe that? Would you go that far?

LEIGHTON: Well, I think it's partly true. I think that, you know, one of the things that you have to look at is you never know where that next piece of information is coming from and when you're in a situation like this, you may get a piece from this kind of surveillance. You may not. Or you may get corroborating evidence and sometimes, the corroborating evidence is as important as the actual collection that you're doing or the actual surveillance in a physical sense that you may be conducting.

So, it is, in essence, playing a degree of Russian roulette, maybe not quite as dramatic as the White House would have us believe, but it is still very important, very critical and something that law enforcement professionals and intelligence agents don't want to do away with especially now at this juncture.

KAYE: Cedric, it's been about nine minutes since the system started shutting down. How fast can these systems be restarted if Congress does extend the Patriot Act?

LEIGHTON: It probably takes around four or five hours before the systems come back online and then there are other things that have to happen in order to make that work but, you know, conservative estimate is at least four or five hours, some people say even longer than that, but basically, my experience leads me to say it is about four or five hours before this can be brought back online unless there's something else that, you know, is caused by - a delay caused by another technical glitch or something like that always a risk of that.

KAYE: And four to five hours is that a reasonable amount of time, do you think, for a terrorist or wannabe terrorist to take action? I mean is that a concerning amount of time, in your opinion?

LEIGHTON: Absolutely. Absolutely, Randi. It is a concerning amount of time because if these people are, you know, somewhat - even somewhat effective, they will have already laid their plans. They will already have decided what their targets are. And they can act very quickly. Within that four or five-hour time period, they can cause a considerable amount of damage if they chose to do so. KAYE: So, what will you be listening for on the Senate floor? What

do you hope to hear?

LEIGHTON: What I hope to hear is some degree of compromise? Obviously, the Patriot Act in my view as it is currently formulated is probably not going to pass the Senate just based on what we have seen in the last few weeks. But I believe at least the provisions that allow for the following of a person through multiple devices, I think those - that provision is very important. I also think the lone wolf provision is extremely important because people are going to act just basically like they do in the physical world, in the virtual world as well.

[16:10:11]

And so we need at least that tool in order to follow them, should they be, you know, planning something bad. And to have that opportunity to take a look at their traffic, in essence, their data. So, I would say that these are the situations that we could be up against and I think that in this particular case, we have to be very prepared. We have to make sure that our law enforcement and intelligence agencies are looking at every other possible means to see if there's anything going on and if there's any chatter, as they call it, in the terrorist ranks among known lone wolves to make sure that they can capture that before systems went down and hopefully, they did that before 4:00 p.m. today.

KAYE: Certainly, a heightened sense of awareness, no question. Cedric Leighton, thank you so much for your insight. Appreciate it

LEIGHTON: You bet, Randi. Absolutely.

KAYE: And we will be right back with much more coverage of the Patriot Act showdown.

(COMMERCIAL BREAK)

KAYE: You are looking live now at the Senate floor, where debate is resuming on the deadline for the Patriot Act. Senators began by offering their condolences to the Biden family. The president visited the Biden home earlier today to offer his sympathies as well. The vice president remembered his son, Beau "as the finest man many of us have ever known." the 46-year-old passed away yesterday following a battle with brain cancer.

Joe Johns looks back now at the life of Beau Biden.

(BEGIN VIDEOTAPE)

BEAU BIDEN, SON OF JOE BIDEN: Good evening. I'm Beau Biden and Joe Biden is my dad.

JOE JOHNS, CNN CORRESPONDENT: Beau Biden was the eldest son of Vice President Joe Biden but also a public servant in his own right. A federal prosecutor in the late 1990s and Delaware's attorney general for eight years, leaving off just this past January.

Born in Wilmington in 1969, his childhood was marred by a tragic car accident.

[16:15:10]

BEAU BIDEN: My mom took us to go buy a Christmas tree. On the way home, we were in an automobile accident. My mom, Emelia, and my sister, Naomi, were killed. My brother, Hunter and I, were seriously injured and hospitalized for weeks. I was just short of four years old. One of my earliest memories was being in that hospital. My dad always at our side.

JOHNS: Beau Biden and his father would remain close, even as the elder Biden became vice president.

BEAU BIDEN: I went out Saturday night with my wife to a family parent teacher kind of thing on Saturday night and my mom and dad baby sat. They baby sat the weekend before.

JOHNS: As Delaware's AG, Beau Biden put a special focus on prosecuting crimes against children and took his talent for the law into the military, serving for a year in Iraq as part of the Judge Advocate General Corps.

JOE BIDEN, U.S. VICE PRESIDENT: Today, I come as you prepare to deploy as a father, a father who got some sage advice from his son this morning. Dad, keep it short, we're in formation.

JOHNS: Biden had announced his intention to run for governor in Delaware in 2016 but has had recurring health troubles, suffering a mild stroke in 2010 and admitted in 2013 to a Houston cancer hospital for a brain lesion.

UNIDENTIFIED FEMALE: Vice President Joe Biden's son, Beau Biden, was evaluated at a hospital. This is after what is being called an episode of disorientation and weakness.

JOHNS: Biden, 46, leaves a wife and two children.

(END VIDEOTAPE)

(COMMERCIAL BREAK)

[16:20:35]

KAYE: Take a look her, a live look at the Senate floor, where lawmakers have begun debating key provisions of the Patriot Act. Vermont Senator Patrick Leahy there speaking right now. We will monitor throughout the afternoon for you and bring you any updates as they warrant.

Four Americans have been taken prisoner by Houti rebels in Yemen's capital. That is according to the "Washington Post," citing U.S. officials. Adam Goldman, a reporter with the paper says the U.S. is working feverishly on the case.

(BEGIN VIDEO CLIP) ADAM GOLDMAN, "WASHINGTON POST" NATIONAL SECURITY REPORTER (ON THE PHONE): They're trying to get these Americans out. It's complicated because the Houtis are now in power in Yemen and they are looking for intermediaries to make contact with them.

(END VIDEO CLIP)

KAYE: The "Washington Post" also says none of the four Americans are government employees. The State Department says it is aware of the reports and is working to get the prisoners released. Officials say that due to privacy concerns they can can't release any specific information about the Americans, but added that the protection of American citizens abroad is a top priority.

The rebels reportedly had planned to let one of the Americans go but have since reversed that decision. Meanwhile, another American, Sharif Mobley, seen right there, is also in Houti custody, he has been held for more than five years on terrorism charges brought by the previous government.

I want to bring you up to date now on this developing story. Secretary of state John Kerry was flown to a Geneva, Switzerland, hospital earlier today after the he was injured in an accident while biking in the French Alps. Doctors say Kerry has broken his leg and will be taken on a medical transport flight back to Boston this evening for further treatment.

Kerry, as you may know, is an avid cyclist and often takes his bike with him when he is traveling. CNN's Nic Robertson is in Geneva and he is tracking the story for us.

NIC ROBERTSON, CNN SENIOR INTERNATIONAL CORRESPONDENT: Randi, Secretary Kerry sustained this injury, we were told, when he was negotiating a curve, when he was on his bicycle about 30 miles outside of Geneva early Sunday morning. He was in France. He was taken by medical helicopter to this hospital in Geneva, back in Switzerland, the university hospital of Geneva, has been treated by doctors throughout the afternoon. The fracture that was detected in his femur is close to a previous operation where we had hip replacement surgery, that's his right femur and Secretary Kerry decided it will be better to go back to Boston to be treated by his doctor there who did that hip replacement surgery.

But he has been in the hands of doctors here in Geneva throughout the afternoon here and clearly, the determination has been made that it is better for him to allow his staff to travel back on his own plane while he will wait a medically quipped aircraft that State Department officials say has been made available to him. So, he is using that aircraft to fly back to Boston.

How will this impact the important Iranian negotiations that are under way right now that have a deadline of the 30th of June? The reason Secretary Kerry was in Geneva? Secretary Kerry has a lot of experts on his team but it is his own personal relationship with the Iranian foreign minister Zarif that has been key and critical in talks up until now. So, for a man of Secretary Kerry's age, of an injury of this type in the femur, recovery is often slow. Secretary Kerry has said that he will not be going to Madrid, obviously, he will not be going to those important ISIS talks in Paris on Tuesday, but he does attend - he does hope to attend them remotely is what the State Department is saying. The Iranian talks, that's another question. Randi?

KAYE: Nic Robertson, thank you very much.

As Nic mentioned, Secretary Kerry is a key figure in nuclear talks with Iran. How could his injury possibly affect those talks? Let me bring in Aaron David Miller. He is the vice president at the Woodrow Wilson Center and a well-known Middle East analyst who has advised several secretaries of state on international negotiations.

He joins me now via Skype from New York.

Let me ask you this, let me start with how important John Kerry or any one person can be to talk at this level, to talks at this level. Is he truly pivotal because he is close to his Iranian counterpart?

AARON DAVID MILLER, WOODROW WILSON CENTER, VICE PRESIDENT: There's no question that in any negotiation, personality, particularly personalities that have bonded over time. And remember, this process is now getting on to be two, even three years old. It is critically important. But in the end, it's interests that are going to drive the negotiations.

I feel bad for Secretary Kerry, no pun intended, this was clearly a bad break but isn't going to fundamentally affect the outcome of these talks.

[16:25:10]

KAYE: You also have said that a deal is coming because both the U.S. and Iran want it, but it will take longer than June 30th. Will his broken leg, in this case, actually turn out to be justification in some way to buy more time?

MILER: Well, I think that's one of the unintended consequences I think of his injury. The truth is the negotiators may need more time. And frankly, from the perspective of Washington, it's not good to be in a position where you're perceived to be rushing or desperate to do a deal. So, in effect, if negotiations do last beyond June 30th and I suspect they will, it will be clear to cite the secretary's absence and his injury, particularly if you need surgery as the prospects for justification for why the negotiators need more time.

I don't want to minimize Kerry's impact here but the reality is this deal is coming. No one thought secret negotiations that the Omanis (ph) sponsored would work, they did. Nobody thought the interim agreement signed in November a year-plus ago would not only be concluded but would be implemented. It was.

So, we have been underestimating the willfulness of both the president of the United States and the Iranians to see this deal happen. That's why no single individual is going to be critical to the success of these talks or to the prospective break down.

KAYE: But I mean, obviously, the terms of the deal are key, but John Kerry's personality, do you think, has some weight here?

MILLER: Well, there's no question that that's the case and particularly in the end game, where, in fact, some measure of trust and confidence create and establish between negotiators is absolutely elemental. I remember Jim Baker's relationships, however confrontational they were with Prime Minister Shamir or the late (INAUDIBLE), it was critically important when it came down to defining the term of the end game on Madrid, on the Madrid peace conference.

So yes, personalities are important, they're important in relationships between nations but far more important is the reality, the different, in fact, both Washington and Tehran perceive this agreement gives them something they want and need there is going to be.

KAYE: All right. Aaron David Miller, thanks so much for weighing in. And we will be right back.

(COMMERCIAL BREAK)

[16:30:01]

KAYE: Hello everyone, thanks for joining me, I'm Randi Kaye in for Fredricka Whitfield. You are looking live now at the Senate floor, where lawmakers are holding a rare Sunday session to try to decide just what to do about key parts of the Patriot Act, which by the way, expires at midnight tonight. Some Senators want to keep the act as is, while others, like Rand Paul, want it scrapped all together. The White House has said if no deal is reached, it has no plan B and national security could suffer. CNN's Sunlen Serfaty joining me now live from the White House with more on the debate going on in Washington. Sunlen, what's the latest from there?

SUNLEN SERFATY, CNN NATIONAL CORRESPONDENT: Well Randi, the White House continues to say that they believe the only viable option for the Senate to do right now is to take up and pass the house-passed compromise bill. According to administration officials, we are now at the point where some wheels are already turning and in motion toward parts of this NSA surveillance program being shut down. They say that they're informing phone companies and shutting down servers on their end. Now officials say if the Senate is able to pass this house- passed bill before 8:00 p.m. and it's signed into law by President Obama by 8:00 p.m. tonight, then it would be at the point where they could reverse those changes, but it does not seem likely at this point that the Senate is going to be able to do that. President Obama himself really got into the mix this weekend in his weekly address, really calling out a few Senators for in his words, standing in the way.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: We shouldn't surrender the tools that help keep us safe. It would be irresponsible. It would be reckless. We shouldn't allow it to happen.

(END VIDEO CLIP)

SERFATY: And that's just one of warning after warning that the White House has been giving leading up to this weekend. Senate sessions warning of what would happen they call it dangerous interruptions in their ability to track terrorists, the latest warning coming from CIA Director John Brennan.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Do you think terrorist elements will take advance of this?

JOHN BRENNAN, CIA DIRECTOR: I think terrorist elements have watched very carefully what has happened here in the United States. Whether or not its disclosures of classified information or whether its changes in the law and policies, they are looking for the seams to operate within and this is something we can't afford to do right now because if you look at the horrific terrorist attacks and violence that's being perpetrated around the globe, we need to keep our country safe and our oceans are not keeping us safe the way they did a century ago.

(END VIDEO CLIP)

SERFATY: And the White House continues to say that there really is no plan B from their perspective Randi, really putting the onus here on the Senate.

KAYE: Absolutely. Sunlen Serfaty, thank you very much.

All right, let's talk about the politics of this situation now. Joining me is Republican Political Strategist, Brian Morganstern and News Day Columnist, Ellis Henican. Welcome to both of you. Ellis, let me start with you on this, Rand Paul threatening to filibuster. Is part of this showboating for his Presidential campaign or what's really going on here?

ELLIS HENICAN, NEWSDAY COLUMNIST: Showboating or being political. What we expect our Senators to do, especially the ones who are running from President. He is betting big on this, right? Remember Randi, when Rand began inching toward a Presidential race, he was showing kind of a more moderate side. He wasn't going to be his father, Ron Paul, but now, he does seem to be betting heavily on the privacy issue, he's out there standing up by himself and frankly, kind of where he wants it, from his own point of view.

KAYE: Brian, Republicans -- I mean if you take a look at them they can't seem to agree on this issue, even within their own ranks, is this hurting an already fractured party, do you think?

BRIAN MORGANSTERN, REPUBLICAN POLITICAL STRATEGIST: I don't. Because it's highlighting an issue that many Republicans agree is important and that's getting back to the fundamentals of the constitution. What has been mentioned but not clearly articulated in this debate, is that its really about the text of the Fourth Amendment which requires the government to conduct searches with probable cause and particularity with respect to where, who and what they are searching. It is hard to reconcile this bulk data collection by the NSA with that constitutional language. That's why Senators Lee and Leahy in the Senate, that's why the house judiciary leadership crafted this USA Freedom Act that they are debating now in order to both keep the data available, keep the government's ability to conduct the searches available and respect the constitution and this is a debate that really does highlight the Republicans' commitment to the constitution. And so, I don't think it's necessarily bad for the party.

KAYE: Ellis, let me ask you, because it seems neither side is really willing to budge on the issue. Are they posturing and could this backfire on them?

[16:35:01]

HENICAN: Randi it is Washington, of course they are posturing. That's what we do with this game. The part that I think is interesting, did you notice the tone of those administration comments from the President and Brennan and others? They want to play the somber grownups here, just concerned about the security of the nation amid this political squabbling by the other side. That's exactly the tone the Dems and the administration want to put forward. It bounces in their favor and bounce -- they are not the ones who can't agree.

KAYE: Brian, you want to weigh in there?

MORGANSTERN: Well of course the White House always wants to seem above politics. The fact is the release of this information about the sort of bulk data collection has highlighted the sort of big brother idea of the big government Democrats. I disagree with Ellis, I think these highlights that sort of point of view and I think that now what we are going to see is actually I think a bit of a win for both parties because the political reality is that the USA Freedom Act passed the house with 383 votes. It has now got the support of 58 Senators. So, I think it's just a matter of Senator Paul's procedural clock running out and I think this bill is going to be the law and I think both parties will be able to claim victory from it.

KAYE: Ellis, do you agree in the USA Freedom Act was supposed to be a bipartisan agreement, it was a bipartisan agreement, what is the issue?

HENICAN: We were skating right toward its adoption until this internal political squabble inside the Republican caucus derailed at the last minute. You know, you got to blame Mitch McConnell, the Speaker for some of this stuff. He just miscalculated and decided to push this to the very end and the clock ran out on him and so you know, but here we are, maybe exaggerating the damage, but it's real.

KAYE: All right. We will leave it there. Ellis Henican, Brian Morganstern, appreciate you both. Thank you.

MORGANSTERN: Thanks, Randi.

HENICAN: Good to see you.

KAYE: Coming up, we are just hours away from the travel ban being lifted for the so-called Taliban Five, the men released from Gitmo in exchange for Bowe Bergdahl. Could the ban be extended at the last minute? That's next.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

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UNIDENTIFIED MALE: See where it can take you, right?

UNIDENTIFIED MALE: After we bring art into their lives, they become more confident. The changes are quite remarkable. Every semester, we showcase a student's artwork in contemporary art galleries in the New York art district.

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UNIDENTIFIED MALE: Jada, that's amazing! I hope it sets a spark that it's okay to choose after your dreams. We should go after it wholly and fearlessly and that anything is possible.

(END VIDEO CLIP)

[16:42:33]

KAYE: All right, let me call your attention now to this live look at the Senate floor, right there, where lawmakers have begun debating key provisions of the Patriot Act. Right there Indiana Republican Senator Dan Coats has the floor. Let's listen in for a moment.

(BEGIN VIDEO CLIP)

DAN COATS, INDIANA SENATOR: The best case of that is the Boston Bombing, when the Tsarnaev brothers' phone was accessed and it was run against the numbers, there was some suspicion that additional terrorist activity would take place in New York and that proved that that wasn't the case, because there weren't the connections made.

(END VIDEO CLIP)

KAYE: So far, Senator Rand Paul who is threatening to force the Patriot Act to expire has not spoken. We will monitor this throughout the afternoon and bring you any updates.

Meanwhile, five Taliban militants released by the U.S. last year in exchange for U.S. Army Sergeant Bowe Bergdahl could be free to travel within hours. Ever since their release from Guantanamo Bay last May, they have been living in Qatar under surveillance but their one-year travel ban is about to expire. The worry for the U.S. of course, they could return to the battlefield in Afghanistan. CNN's Nick Valencia is here with more on this. So the talks about this have been ongoing all weekend.

NICK VALENCIA, CNN CORRESPONDENT: That's right. According to senior administration officials, they've been talking all weekend with the government of Afghanistan and Qatar to try to reach an extension on this agreement. On Friday, CNN was told by some diplomatic sources that there was going to be a decisive talk on Saturday between the Americans and Qatari's, but the details of those talks have not been made public just yet. That has not stopped the criticism, especially towards the Obama administration. On face the nation earlier today, John Brennan, the CIA Director, talked about what he wants to see happen next to the Taliban Five.

(BEGIN VIDEO CLIP)

BRENNAN: I have talked personally to senior Qatari officials about monitoring of these individuals that have been in Qatar for the last year, and looking at what are the arrangements that could be put in place and what is going to be the disposition of these individuals, whether they'll be sent back to Afghanistan or able to stay in Doha. This is continuing its part of the ongoing process of discussing with our Qatari partners what's in the best interest of national security. I want to make sure that they are not going to be allowed to return to the fight. I think this is part of a rehabilitation process as well as a monitoring and observing process. So, arrangements that could be worked out with the Qatari's, with the Afghans, I think we are trying to still look at what are the possibilities here.

(END VIDEO CLIP)

VALENCIA: These five individuals who were relinquished by the United States in order to secure the freedom of Sergeant Bowe Bergdahl, they were accused of a variety of things and were according to the United States, made to high-level officials in the Taliban. We will start with Fazl, the man you're looking at there, the Chief Army Staff under the Taliban regime accused of war crimes during Afghanistan's civil war in the '90s. Another individual, Noori has denied his role and importance and level of access to Taliban officials. Wasiq, another one of the Taliban Five, reported also an Al Qaeda intelligence member. He has also denied links to any terror groups and contends he was actually detained while trying to help United States locate senior Taliban leaders. Another, Omari, said to be a minor Taliban official and the Taliban's Chief of Communications and perhaps the most high- profile of them all, this man that you are looking at here, Khairkhwa was said to be an early member of the Taliban with direct ties to Osama Bin Laden. So the fear, as we have been talking about all day, is that these individuals will return to the Taliban, help strengthen that group. But of course, some critics say they have been out of the loop for a long time, they may not have that authority to make much of a change.

KAYE: That same influence that they once had, all right Nick Valencia, appreciate the update. Thank you. And we will be right back.

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[16:51:19]

KAYE: A series of mysterious shootings in northern Colorado has had the region on edge for week but fears of a serial sniper have wretched it up following the shooting death of John Jacoby, who was cycling when he was shot and killed. The attack follows other incidents along a stretch of Colorado highway, including a shooting that injured 20- year-old Corey Romero. Until now, police were not officially connecting any of the shootings, but now they are. CNN's Erin McLaughlin is following the story for us. Erin, what can you tell us?

ERIN MCLAUGHLIN, CNN CORRESPONDENT: Hi Randi, well authorities are working furiously to solve this mystery. The FBI has been brought in to help. Jacoby's death marks the first homicide the small Colorado town has seen in some eight years and now that the shootings are linked, people say they are scared.

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UNIDENTIFIED FEMALE: Two random shootings, authorities now say are linked and fears in Colorado there's a sniper on the loose.

JOHN MICHAELS, WINDSOR POLICE CHIEF: Be vigilant. Be aware of surroundings. See what's going on.

UNIDENTIFIED FEMALE: The warning came Friday as police revealed there's new evidence connecting the fatal shooting of 48-year-old John Jacoby to the shooting of 20-year-old Corey Romero. Police won't say how they are linked but they say the victims appear arbitrary.

UNIDENTIFIED MALE: Is there any link that the two victims knew each other?

MICHAELS: There's no indication of that at all.

UNIDENTIFIED FEMALE: On May 18th in the town of Windsor, Jacoby was shot twice and killed while riding his bike. Five miles away, and about a month earlier, Romero was shot in the neck while driving.

UNIDENTIFIED MALE: 911. What is the address of your emergency?

UNIDENTIFIED FEMALE: I'm on the highway right now and somebody just hit me and I'm bleeding from my neck and I'm scared.

UNIDENTIFIED FEMALE: The FBI is involved, offering a $10,000 reward. So far no suspect has been identified, adding to the mystery, at least two dozen reports of shattered car windows.

MICHAELS: Another has been lot of broken windows on I-25, car windows. Those have not been linked to this event. It is not that they have been discounted either.

UNIDENTIFIED FEMALE: The news has this rural town on edge.

UNIDENTIFIED FEMALE: It makes you stop and think. It just, yeah, it's scary.

(END VIDEO CLIP)

MCLAUGHLIN: The police chief says it's impossible to determine just how concerned people should be about another shooting. Authorities at the moment not commenting on what, if any, additional security precautions are being taken, but they are leaning on the public for help, asking anyone with information to come forward. Randi?

KAYE: All right, thanks very much, Erin McLaughlin. I want to talk more about this with CNN law enforcement analyst, Tom Fuentes. All right, Tom, so now that the police have linked these shootings, what happens next to actually try and track down the shooter?

TOM FUENTES, CNN LAW ENFORCEMENT ANALYST: I think a big part of that Randi is going to be what is the exact link? What is the nature of it, is it a forensic link with the bullets that were fired or bullet casings that were found and then try to track that down through gun shops in the area or knowing the caliber of the rifle, let's say, that was used, to be able to track down gun sales, but that could be extremely difficult as well. Usually in a case like this the link you're talking about is some type of forensic link. Unless there's something else going on, there's social media, somebody -- some psychopathic person is out there posting that he did it and bragging about it and maybe there's a link that way that maybe connects the two. I think at this point, it probably has to do with the firearm and the bullets that were used.

KAYE: And with the possible serial shooter in the area, what exactly should police be looking for in terms of just their vigilance and awareness?

FUENTES: Yeah, that's going to be next to impossible. This is Colorado. These are people, you know -- people are out hunting and carrying firearms and have them in their pickup trucks and so to be looking for somebody -- this is not down town Manhattan, where it's going to be unusual to see somebody walking around with a hunting rifle. Out in Colorado, it's not going to be so unusual. It will be more difficult to try to track this down, track somebody down.

KAYE: What's your gut? Does this sound like sort of a D.C. sniper in the making here? FUENTES: I think so. I think it sounds very similar to that to me

that somebody is out having fun, using human targets riding down the street, either on a bicycle or in a car and, you know, for their own personal satisfaction, shooting at people, hunting people.

[16:56:19]

KAYE: Yeah. And they haven't linked the shootings with the nearly two dozen broken car windows that we mentioned. What's your sense on this? A coincidence or you think they are probably related?

FUENTES: I don't know. That's good question. And I think the police might not know either, but that's something else to be looked into.

KAYE: What about the fact that the shootings, they certainly have spooked the people there, the residents there, partly because they are so random, as you mentioned. But now that they are linked, is there anything that the residents there can be doing or that they can be watching for?

FUENTES: I don't think the linkage makes a difference with that. They can try to be vigilant, if they see somebody maybe on a highway overpass with a high-power weapon and again, you know, we are talking about an area where it's common to see weapons. I think that they can make the reports to the police and to the sheriff's office, to the state police, but it's still going to be difficult. The hope, I think for the authorities, will always be that someone will be in communication with someone else, either that they are involved together in it or just bragging about it like we see in other cases, such as terrorism cases and if they can make that type of a linkage, that will lead back to who is doing this.

KAYE: And Tom Because of your law enforcement background, we've been watching this NSA debate, so as much as I have you, with the Senators now considering what to do about the Patriot Act on the house floor, on the Senate floor, I should say what is your take on it? If it does expire, which could happen at midnight tonight, they have already started shutting down some of the program, which allows the government to track phone calls with possible terrorists or any of us here. What's your concern? Is it a risky move?

FUENTES: I don't know. I think in some ways, the risk has a little bit been overstated, but on the other hand, it is very important to have these programs. They have a reason why they were put in this act. Almost all the discussion has been on the meta data, the storage of phone records and a huge misconception that somehow the government is spying, invading your privacy, listening to your phone calls, they know who you're talking to, if you're having an affair with someone, you're gonna get caught that's all ridiculous. Just storing old phone bills, basically, but that could be important after an event especially to put a linkage together, and as far as during an event, the first question that comes up in a major terror attack is this just the only part of this? If we find a car leaking fumes in Times Square, are there going to be other cars in downtown Washington or Chicago or somewhere else? We always want to know if there's more to the plot and that will be harder to put together if you don't have the phone records to go back a longer period of time than what the phone companies will and the fact that there's 3,000 phone companies now in this country because of voice over internet, you're not going to be able to issue 3,000 subpoenas.

KAYE: Tom Fuentes, appreciate you weighing in as always. Thank you.

FUENTES: Thank you.

KAYE: We will be right back.

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