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Pakistan Deadly Flood Waters, Chelsea Clinton Wedding

Aired July 31, 2010 - 12:00   ET

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

JIM ACOSTA, CNN NEWS ANCHOR: We begin this hour with a tragedy that is on an epic scale at this hour. Flood waters in Pakistan have swept at least 800 people to their deaths, whole villages have disappeared. Government buildings schools and crops washed away. CNN is in the Reza Sayah is in the disaster zone.

(BEGIN VIDEOTAPE)

REZA SAYAH, CNN NEWS CORRESPONDENT (voice-over): And officials calling this the worst natural disaster ever in northwest Pakistan in the 63-year history of this country. These floods have been catastrophic for many areas in northwestern Pakistan and the death toll shows that. The latest figure we have is 800 people killed, this according to a provincial information minister. The hardest hit region has been the province of Khyber- Pakhtunkhwa. Most of the victims are here and that's where we are.

Officials say in several districts in that province, hundreds of homes have been swept away. Many of these homes have been made of mud, often times unable to withstand heavy floodwaters. Officials say scores of businesses, schools, and government buildings have also been destroyed. The goal for relief crews right now is to get to some of these areas as soon as possible.

(END VIDEOTAPE)

ACOSTA: And we are keeping a close watch on this developing story and we'll bring you updates when they are available.

In the Gulf of Mexico, crews are getting ready to seal up the ruptured oil well once and for all, but there's been a bit of a delay. Our own Reynolds Wolf is in New Orleans.

Reynolds, what's going on right now?

REYNOLDS WOLF, CNN NEWS CORRESPONDENT: Well, Jim, the latest that we have is one of the relief wells. The relief wells, of course, that have been dug, it's part of the process of actually what we refer to as the bottom kill, which may be the final thing that actually stops the issue out on the gulf in terms of the well, itself.

We've run into a little bit of a wrinkle and the wrinkle is just last weekend when we were dealing with the remnants of the Tropical Storm Bonnie, the high wave action up on the surface has actually caused a little bit of destruction at the floor of the Gulf of Mexico, putting in a little bit of silt, a little bit of sand, maybe even a few rocks into one of the relief wells. So, before they go to the big step of the static kill operation, they have to clean out the relief wells of all the debris. And they say that is a process that should be fairly easy for them, but it will be the time-consuming, possibly causing a delay of maybe 12 hours to a day, possibly two days, which actually will move the timeframe back a little bit.

Jim, the original plan was that the static kill take place late on Sunday, now looks like it might be Monday or Tuesday before they get to that step.

The static kill operation, just a reminder to viewers is a basically the process of injecting a combination of mud and cement into the top of that containment cap and that will seal off the top of the broken oil well.

But, the big kicker is going to rely with the relief wells, well maybe into the middle month of August or perhaps towards the end of the month, where they'll inject right through the relief wells, again, to make sure of both mud and cement. That is called the bottom kill procedure and that's going to be the big one that should be the game- changer -- Jim.

ACOSTA: And listen to those officials, such as Thad Allen, talk about this upcoming static kill. It sounds like they're not too concerned about the debris that's in that well, right now.

WOLF: It should be a fairly easy procedure. But, again, everything is just -- it's almost like performing surgery, I mean, they've got to be so careful with every single one of these steps. It's been a long process, again, well over 100 days at this point, and so everything is going to be very, very carefully done and watched very simply.

I got to tell you, though, with the things out in the Gulf of Mexico, a lot of the oil, as we've mentioned, has -- is really hard to find at this point. Certainly we've got some down at Plaquemines Parish at the very end of some of the marshlands. As foreseen, marshlands that oil is still there in many spots. But, some of the good news, Jim, is that they have opened many of the fishing (INAUDIBLE), especially east of the Mississippi and that, for many fishermen, is just music to their ears.

ACOSTA: Absolutely. That is one industry that needs to get back going, again. Reynolds Wolf live in New Orleans for us this morning. We can hear the music behind you. Enjoy the afternoon. Thanks, Reynolds.

WOLF: You bet.

ACOSTA: Moving on, the battle over the immigration law in Arizona could drag on for a while. A federal appeals court has turned downer Governor Jan Brewer's request for an expedited hearing. Instead the case is headed for a hearing in November. Brewer filed the appeal after a federal judge blocked most of the bill's provisions. Arizona senator John McCain is also weighing in. He says the violence along the border with Mexico makes it imperative that the border be secured.

(BEGIN VIDEO CLIP)

SEN JOHN MCCAIN (R), ARIZONA: I've said and continue to repeat we have to get the borders secured first because it's obvious that the violence has escalated to a degree on the other side of the border that it's become a national security issue. We just announced the closing of the consulate in Juarez. There was a car bombing not that went on not long ago. The list goes on and on. They're warning signs to our citizens in the southern part of our state. So, look we have to get the borders secured first. I don't know how many thousands of times I have to say that.

(END VIDEO CLIP)

ACOSTA: And legal experts say it is quite likely that the battle over Arizona's immigration law will end up in the U.S. Supreme Court. There have been protests and rallies and court challenges. Now, it's your turn. What do you think about the Arizona law? Our deputy political director, Paul Steinhauser is looking into that.

(BEGIN VIDEOTAPE)

PAUL STEINHAUSER, CNN DEPUTY POLITICAL DIRECTOR: Hey, Jim. Results of our new national poll gives us a clue. There's a lot here, so let's jump right in. Here we go.

Fifty-five percent of the people we questioned in our CNN/Opinion Research Corporation national survey say they support the measure with four in 10 saying they oppose it. It appears people are divided on whether the law will actually work, with 48 percent saying it will reduce illegal immigration, and half saying it won't.

But a majority we questioned, 54 percent, they say the new law will increase discrimination against Hispanics. Our poll also indicates that whites and Hispanics don't see eye-to-eye over the new law. With more than seven out of 10 Hispanics opposing the measure. That drops down to 34 percent among white respondents.

We questioned people before the federal judge struck down key parts of the measure and before the remaining parts of the law took effect. So, the big question, how will the controversy in this week's ruling weakening the law, how will it impact politics?

(voice-over): You saw a lot of protests in Arizona and across the country this week against the measure. That could spark an increase in registering Hispanic voters which in the long term could help the Democrats. But, check this out. More than three quarters of Republicans and six in 10 independents support the Arizona law. And the striking down of parts of the measure could energize them more than the Democrats to vote this November -- Jim.

(END VIDEOTAPE)

ACOSTA: Thanks, Paul.

And moving on to Afghanistan, July was the deadliest month for the U.S. forces that war since it began almost nine years ago. Sixty-six troops were killed this month including three on Friday. The record monthly death toll comes as the Taliban lashes out at the top commander in Afghanistan.

The group's Web site posted a message saying General David Petraeus' military strategy amounts "mass murder."

And one year ago today, three American hikers were seized by Iranian forces. Josh Fattal, Sarah Shourd and Shane Bauer were arrested while hiking long Iran's border with Iraq. Tehran says they crossed the border and has accused them of espionage. President Obama has called for their release. Vigils are scheduled across the globe in support of the hikers.

And we've all seen the video oil gushing deep under water in the gulf. Now officials are saying a lot of it is gone. Hear what people have to say about that, coming up in just a few moments.

(COMMERCIAL BREAK)

ACOSTA: Developing story we're watching right now. Floodwaters in Pakistan have swept is at least 800 people to their deaths. Whole villages have disappeared, government buildings, schools, and crops washed away. CNN's Reza Sayah joins us on the phone from the disaster zone.

Reza, I understand you're heading back from that scene. You're in Pakistan, but all the reports indicate at this point that this is a huge tragedy.

SAYAH: Yeah, it is, Jim. We spent much of the day driving through these locations, the flood damaged areas. And the damage that we saw there, the communities that we saw there, it's going to take years for them to rebuild. What we saw there was a disaster. The hardest hit area is the province of Khyber- Pakhtunkhwa. We went to a city called Charsadda, which is two hours west of Islamabad. We saw hundreds of homes swept away by floodwaters. The homes that weren't swept away by floodwaters were oftentimes buried in mud.

Officials say scores of businesses, schools, government buildings have also been destroyed. One official is calling this the worst natural disaster ever in this part of Pakistan, the northwest area of Pakistan, with one million people impacted in some way or another. The death toll is 800, right now. And the challenge is getting relief crews, rescue crews to people in this area. Tens of thousands of them still stranded, so much work is ahead for these rescue crews and the people who have been victimized by these floodwaters -- Jim.

ACOSTA: And Reza. what's going to happen to all the folks who have survived this? Because, obviously a lot of the folks there aren't going to be able to go back to their homes. You know, for the folks here in the United States who just aren't that, you know, familiar with the disaster response capabilities of that country, I mean is this something that Pakistan can handle?

SAYAH: Well, at this point they're not being able to handle it. They say they're getting choppers, boats, rescue crews there as quickly as they can. But we spoke to a number of residents there who are extremely frustrated and angry at the government. They're not waiting for them to respond. We saw hundreds of people looking for scraps of wood.

We didn't see any looting, which says a lot about the local people who live there, but they're collecting scraps of wood. And these are the pieces of wood that they're going to use to rebuild the homes that were destroyed. And keep in mind, this area is some of the most poor people in Pakistan live here. It's an area that's been plagued by militant siege. They've suffered from the military action that's been launched there over the past years. Many people have been displaced because of those military operations. And now add on top of that these floodwaters over the past three days. A tough, tough time for the local residents, there -- Jim.

ACOSTA: And, Reza, just looking at those pictures that we've airing here in the last couple of minutes while you've been speaking are just unbelievable. We're watching videos of whole houses just being swept away, so Reza, you stay safe there, as well. Reza Sayah, live for us on the phone in Pakistan on the latest on those devastating floods, there. Reza, thanks so much for that. Appreciate it.

Back to the gulf. Where is all the oil these days? Those in charge of cleaning it up say a lot has dispersed. Then, again, listen to what people who live down there told me just two days ago.

(BEGIN VIDEOTAPE)

(voice-over): As for the claims from the federal government that the oil is vanishing fast in the Gulf of Mexico, count Plaquemines Parish president Billy Nungesser, a skeptic.

BILLY NUNGESSER, PLAQUEMINES PARISH PRESIDENT: I still can't tell you who's in charge.

ACOSTA: At closed-door meeting, Nungesser and a group of local leaders locked horns with the national incident commander for the oil spil, Thad Allen. Some aren't buying Allen's repeated statements the oil is dissipating.

ADM THAD ALLEN (RET), NATL INCIDENT COMMANDER: It's more dispersed and harder to find. We're going to be as aggressive as we can with skimmers offshore to try and deal with this oil offshore, but again, we're finding less and less oil as we move forward.

ACOSTA (on camera): Why would Thad Allen say we just don't see the oil like we used to anymore?

NUNGESSER: Because he doesn't -- I said this from day one, and I'm sorry, Thad Allen. He doesn't have a clue.

ACOSTA (voice-over): Nungesser showed us these pictures that he says were taken by his staff just yesterday, photos capturing bands of oil in his parish. When they tried to share the photos with Allen, he says, things got heated. NUNGESSER: You all said there's no oil, I got a bunch of pictures here if you'd look at them. Oh, we know there's some problems. No, there's a real problem when you're saying there's no oil and everybody stands down and we're out there busting our butts trying to save our marshland.

ACOSTA: To Louisiana boater, Brian Scorsone, the talk of the incredibly shrinking oil spill sounds like a fish tale.

(on camera): Are things getting better out here?

BRIAN SCORSONE, LOUISIANA RECREATIONAL FISHERMAN: The feds are wrong. That's all I got to say.

ACOSTA (voice-over): But he had more to say when we pulled up to these oil-covered marshes.

SCORSONE: This is the nursery, right here.

ACOSTA (on camera): For all of the life out here.

SCORSONE: That's it. this is your nursery and your filter, you know?

ACOSTA: Doesn't take a scientist to figure that out.

SCORSONE: And I'm not a rocket scientist to figure that one out.

ACOSTA (voice-over): At this marina we found more signs of trouble. These oil-covered marsh hens (ph) rescued by wildlife officials. As for Allen, he denies his comments while optimistic, give the wrong impression.

ALLEN: Well, we've never said all the oil is gone and this is a catastrophic event they're all in the marshes. We need to keep working on this.

ACOSTA: But Billy Nungesser fears Allen and BP are simply setting the stage to pull out their resources.

NUNGESSER: It seems like they want this thing put this thing to rest and it looks like they are the spokesperson for BP. They are the spokesperson for BP.

(END VIDEOTAPE)

ACOSTA: It's going to be pretty tense down there between local and federal officials on this. Now, later this afternoon we will talk to Captain Mike Furnett (ph) about fishing in the gulf. He should know, he's been running a charter service there for a quarter of a century. Hear what he has to say about the oil spill coming up at 3:00 Eastern, right here on CNN.

Well, a lawsuit and a wedding. Everybody's talking about them both. First, former Agriculture Department employee, Shirley Sherrod says she will sue conservative blogger, Drew Breitbart. Does she have a case? Our legal guys have their ruling. And from Chelsea Clinton and her family, it's all hush, hush about the big day. We're in New York state for the I do's, that's coming up in just a few minutes.

(COMMERCIAL BREAK)

OK, top stories now. The so-called static kill operation at the blown-out in the gulf is now pushed back at least a day, so debris left by Tropical Storm Bonnie can be cleared away. Authorities say it's now likely to happen Monday or Tuesday. The operation is one of two procedures aimed at sealing capped well, permanently.

Former vice president, Al gore will not face charges in the alleged sexual assault four years ago. Prosecutors in Oregon say there's a lack of credible evidence to show that Gore groped a masseuse in his hotel room.

Democratic congresswoman, Maxine Waters, by the way, has decided to face a House trial rather than accept findings of wrongdoing by the House Ethics Committee. The panel had been looking into whether Waters violated rules when she helped arrange a meeting between Treasury Department officials and a band she and her husband were connected to financially. That word comes from a source familiar with the process and we'll have more top stories for you in 20 minutes.

Chelsea Clinton getting married. You probably heard the story. Well, we know she'll be tying the knot with Marc Mezvinsky today, some time in Rhinebeck, New York and as Susan Candiotti tells us it's a wedding veiled in secrecy.

(BEGIN VIDEOTAPE)

SUSAN CANDIOTTI, CNN NEWS CORRESPONDENT (voice-over): On the banks of the Hudson, less than two hours from New York City, Rhinebeck is a picture-postcard setting for Chelsea Clinton's summer wedding.

JIM LANGON, HUDSON VALLEY NEWS: You could make the case that this is the most significant thing to happen in Rhinebeck since Washington's army drove the British out of Rhinebeck in the 1700s.

CANDIOTTI: Yet even police aren't allowed to blurt it out.

UNIDENTIFIED MALE: There's a private event that's planned for the Rhinebeck area.

CANDIOTTI: Maybe the understatement of the year. But throw in a few lines like...

UNIDENTIFIED MALE: We're working with the Secret Service, we're providing a direct support to the United States Secret Service.

CANDIOTTI: And there's virtually no doubt Chelsea and fiance Marc Mezvinsky are getting hitched, right here. Tucked into the tree- topped hill, party tents are in place at the Late John Jacob Astor's sprawling estate.

(on camera): Lots of activity is going on outside the Astor Courts. This is where the wedding is expected to be. Oh look, there's another bus going in there. And across the street you can see what appears to be some kind of delivery truck, might be a catering truck. And they even blocked out the letters on it so you can't tell who it belongs to. If we did, we'd be calling them right away.

NANCY AMY, RHINEBECK AREA CHAMBER OF COMMERCE: Nobody wants information about their wedding getting out before the day of the wedding.

CANDIOTTI (voice-over): "Hudson Valley News" editor, Jim Langdon broke Rhinebeck's biggest nuptial story weeks ago, yet even his own body won't dish about details.

JIM LANDON, HUDSON VALLEY NEWS: One of them was in the swimming pool with me about three days ago and he was speaking Swahili rather than answer any of my pathetic attempts to get some information out him.

CANDIOTTI (on camera): For an event planner, how big a deal is this?

TATIANA BYRON, EVENT PLANNER: This is the wedding of the century.

CANDIOTTI (voice-over): Event planner Tatiana Byron says fashionistas are dying to see what Chelsea she will be wearing. Wedding guests can't even bring cell phones.

CANDIOTTI (on camera): Think anyone will try to sneak something in?

BYRON: I think for sure people are going and sneak things in, but it's going to be really difficult when you've got the local police, the state police and the Secret Service are on your tail.

CANDIOTTI (voice-over): The world has watched Chelsea grow up, even comforting her parents during rocky times, eventually campaigning for her mom, always known for protecting her privacy.

CHELSEA CLINTON, FMR PRESIDENT'S DAUGHTER: And I do not think that's any of your business.

UNIDENTIFIED MALE: This young woman has survived extraordinary tumultuous group, both her parents, and chosen to marry in a ceremony that is open to those who are invited because they're real friends, not for any other reason.

CANDIOTTI (on camera): Some suggest the pricetag for the wedding is anywhere from three to $5 million, some suggesting 10 times that amount. But, a long-time Clinton family friend tells CNN the cost is less than $1 million.

Either way, the town here says we welcome to boost to the economy.

Susan Candiotti. CNN, Rhinebeck, New York.

(END VIDEOTAPE)

ACOSTA: Susan, somehow my invitation got lost in the mail.

Well, most of Arizona's immigration law has been blocked by a federal judge, but that's not stopping one sheriff from launching a major crime sweep in his county. Just ahead, we will tell you why. Stick with us.

(COMMERCIAL BREAK)

ACOSTA: All right, welcome back. The conservative blogger who ignited the Shirley Sherrod firestorm could soon find himself on the wrong end of a lawsuit. And what's next for the Arizona controversial immigration law? Let's talk with our legal guys. Civil rights attorney Avery Friedman is in Cleveland and New York defense attorney, Richard Herman is in Honolulu, Hawaii, joining us by phone.

And Richard, we'll just pretend that it's technical cameras keeping you off camera, right now. Aloha to Richard.

(LAUGHTER)

RICHARD HERMAN, CRIMINAL DEFENSE ATTORNEY: Technical issues, that's good, Jim.

ACOSTA: Exactly. And Avery, of course, thanks for joining us. Well, this has just developed in the last 24 hours. Arizona Governor Jan Brewer's request for an expedited appeal in that case was denied. Avery, I'm going to start with you first. Where does that leave this issue, right now?

AVERY FRIEDMAN, CIVIL RIGHTS ATTORNEY: Well, it leaves it in the United States court of appeals for the ninth circuit, Jim. What it really means is that arguments instead of taking place next week will take place in November. So, really, I don't know what the governor really should be upset about.

Ordinarily an appeals, federal appeals will take a year or more, so the fact that she's got arguments coming up in about three months isn't really too bad. I never saw the emergency, anyway. As far as the constitutional smack down here, Jim, it doesn't seem like it even exists. This is a supremacy clause case that really is not much in dispute. I don't think that the three-judge panel in San Francisco will have much of a problem other than agreeing what the federal court did in Arizona.

ACOSTA: And Richard, were you surprised by this? I mean, this is pretty standard stuff, right? I mean, it has to be a pretty extraordinary circumstance to get this kind of emergency hearing.

HERMAN: To get that emergency hearing, it is, Jim, but I disagree with Avery in that while I do agree the ninth circuit will rubber stamp the judge, this case is headed to the United States Supreme Court and the issue before the Supreme Court will be whether or not Arizona's law is complementary to the federal immigration rules and whether or not it usurps the federal laws.

And that's going to be the claim here and that's what Governor Jan Brewer was saying is that our state law works in conjunction with federal law. It is a law. It's illegal to be in the United States undocumented. That's a fact. It's federal law and all this state law does is complement that. That's going to be the legal position and I believe that they're going get a favorable ruling in the Supreme Court.

ACOSTA: And, Richard, Avery is shaking his head. I think that's safe to say that he does not agree with you on this. But, let's move on to the WikiLeaks controversy because there's a lot to talk about, there. There are reports of the WikiLeaks controversy out of Afghanistan, Private First Class Bradley Manning, we know he's in legal hot water, but what about the publisher? He's Australian, obviously might not be a good idea for him to make any vacation plans to the United States any time soon. But, Avery, what do you think about this case? I mean, obviously there are folks who would like to see him charged in court.

FRIEDMAN: Yeah. Well, the publisher is not going to be charged, he's not a citizen, he's not within the jurisdiction. The issue is, what is Mr. Manning, some look at him as engaging in treason, frankly. He is likely to be charged, very much like Daniel Ellsberg back in the '70s under the Espionage Act. Others are looking at him as disclosing what he is characterize as war crimes and that he's a hero, but one way -- which is astonishing to me, but bottom line is under the uniform code of military justice, he's looking at a court martial at very least, and I think it is likely that he will be a defendant under the espionage act..

ACOSTA: And Richard?

HERMAN: Yes, Jim. You know, it's amazing that the president of the United States is directing this Julian Assange not to release this information, that it is unauthorized disclosure of national security information and it's putting our soldiers in harm's way on the battlefield.

FRIEDMAN: Yes.

HERMAN: And you would think that if anybody violated that, the United States would be able to bring criminal charges. But Avery is right. We don't have jurisdiction on Assange, he is never going to come to the United States and we're never going to be able to extradite him. We already saw the disaster with Roman Polanski in trying to extradite him.

So, thsi Assange is going to get away with this. It's just incredible.

ACOSTA: Yes. And it speaks volumes about the state of internet journalism, of our online world that we live in today. But let's move on to somebody who has been on the scene for quite some time, 20-term Congressman Charlie Rangel from New York. He's facing a potentially humiliating ethics trial. What are the legal challenges here, Avery? Does -- I mean, is there anything really he can do to avoid what is going to be an excruciating process for him?

FRIEDMAN: Well, you know what? I'm not sure that it's excruciating. I think Charlie Rangel, if he walks away with some form of reprimand, it doesn't remove him from Congress, Jim. It just basically says you shouldn't have done that. But the fact that it's going forward simply means that the Democrats and the Republicans were unable to work a deal. I think Charlie would have loved to have seen a deal.

And so, I think the bottom line here is he'll face a reprimand, he will not lose his seat in Congress, and whether or not there are other legal implications after that remain to be seen.

ACOSTA: And Richard, President Obama himself said yesterday on a televised interview with CBS that he suggested that Rangel should step down, that this is the right thing for him to do at this point, to sort of walk away from the scene gracefully with some dignity.

HERMAN: Well Jim, you know, as the chairman of the Ways and Means Committee, the committee that writes the tax laws of the United States and to be charged with violating those and failing to disclose income, you know, it's really quite devastating these charges. And they wouldn't have brought them unless they have some good fodder there.

I agree with Avery. He's doing everything he can to settle this case. He just can't get the settlement right now. He just can't get that reprimand and that's what he's looking for.

ACOSTA: And former Agriculture Department official Shirley Sherrod says she's going to file a lawsuit against Andrew Breitbart. By the way, Breitbart is scheduled to appear at a tea party rally today in Philadelphia. So, we're interested ...

FRIEDMAN: Yes.

ACOSTA: ...in what he might say out there today. But this lawsuit that Shirley Sherrod is talking about, Avery, I guess going to you first, I mean, is there any potential here that she could actually bring a strong case against Breitbart?

FRIEDMAN: Yes, I actually like this. I think it's a principled matter. Out in California where the website originated when Breitbart doctored the video, there is something called false light and Richard and I have talked about this. I think Shirley's going to do it. I think she actually has a shot in terms of establishing liability, that is he broke the law. The question is what would the measure of damages be for Shirley if she wins on liability?

HERMAN: Jim, I completely disagree with Avery. She has no shot of a case here. Absolutely not. He didn't doctor the video ...

ACOSTA: And why is that? Because her job was offered back? You can't really prove that she ...

FRIEDMAN: That's damages. That has nothing to do with liability.

HERMAN: That will go to damages. But truth is a defense. Those are her words on the video and Breitbart's intent was not to be malicious in any way, shape, or form. Or at least that's what he's going to argue, whether you believe him or not; that's for the jury. But what he's going to say is he tried to expose some form of racism within the NAACP and those were her comments made by her in that video. It was not a complete video ... ACOSTA: Right. But the edited excerpts -- the edited excerpts of that video, Richard, are what aired first and those excerpts did not tell the whole story and Breitbart has said that well ...

FRIEDMAN: Right.

ACOSTA: ...this has nothing to do with Shirley Sherrod. He wanted to prove that there is racism inside the NAACP. But legally, can you use somebody, you know, a third party to make a case about an organization, whether or not that video puts that person in a negative light, I mean ...

HERMAN: Well, that's his defense. You know, those are his lawyers telling him what your defense is going to be and that's what he's expounding to the world right now. And that's a good legitimate defense, Jim. I'm telling you, someone's pushing her to do this. She should not do this. She's going to open up discovery, they're going to go up, down, and around. It's going be embarrassing. It's not going to go anywhere.

ACOSTA: All right. And Avery, let's give you the last word.

FRIEDMAN: Yes, yes. I think she's got a shot at this. Good for her. Principled move. Whether or not she recovers anything, even a dollar, I'm very proud of her for standing up for what was wrong against her.

HERMAN: How about Breitbart's constitutional rights, Avery?

ACOSTA: All right. We'll have to leave it there.

FRIEDMAN: I beg your pardon?

ACOSTA: Just grab a mai tai, Richard, and settle down. We'll get back to you again on this in the near future. Richard Herman ...

HERMAN: I got one for you, Jim.

ACOSTA: Yes. Thank you so much. I could use one. Richard Herman live in Honolulu for us. Always enjoy that. And Avery Friedman live in Cleveland for us this afternoon. Thanks so much, gentlemen. Appreciate it.

And speaking of legal controversies, a self-proscribed prophet finds legal redemption from the Utah court. Warren Jeffs, convictions on charges related to polygamy overturned and our legal guys are on the case.

We are back right after this.

(COMMERCIAL BREAK)

ACOSTA: Federal judge has blocked the most controversial parts of Arizona's immigration bill for now, but the state's most well known sheriff is still pushing forward with the aggressive enforcement he's become known for.

Our Gary Tuchman reports.

(BEGIN VIDEOTAPE)

GARY TUCHMAN, CNN NATIONAL CORRESPONDENT (voice-over): They're very mad. Hundreds of demonstrators on the streets of Phoenix, with people being arrested for disorderly conduct, angry about the new Arizona immigration bill and particularly angry at this man, who they feel is inhumane.

SHERIFF JOE ARPAIO, MARICOPA COUNTY: It doesn't make any difference with me. I'm going to continue to do what I've been doing.

TUCHMAN: What Maricopa County Sheriff Joe Arpaio has been doing for years is trying to determe if many of the people his department arrests are illegal immigrants and then shipping them to federal authorities for possible deportation.

ARPAIO: So, the every day they're out in front of this building, for two years call me Nazi, Hitler, every name in the book they have been doing against this sheriff. Because if they can't make you stop one way, they have to throw the race card in. That doesn't bother me.

TUCHMAN: So why does Arpaio have the right to ask people if they're illegal immigrants if that portion of the new law has not been allowed to take effect yet? Well, it's a little known fact that dozens of counties, including Maricopa County, Arizona, have a partnership with the federal government and has permitted them to make those determinations. Arpaio revels in his reputation as a tough guy.

ARPAIO: I'm turning off certain activists that don't like what I'm doing. I'm probably turning off some employers who hire illegal aliens for the cheap payment money. So, I turn off some people. But you know what? I serve the 4 million people that live here.

TUCHMAN: On the day part of the new immigration law went into effect, Arpaio and his department went on a crime sweep, deputies driving into the city's neighborhoods. In this case, pulling over a Mexican- American driver for an expired registration tag. Because the driver had a proper license, though, he was only ticketed, not taken into custody.

This man, though, wasn't as fortunate.

(on camera): So, they arrested you for not having registration?

UNIDENTIFIED MALE: Yes.

TUCHMAN: Did they ask you if -- did they ask if you were legally in this country?

UNIDENTIFIED MALE: They didn't ask me that. They just -- nothing. They just get me out of the car right here on the 35th Avenue. I mean, in the middle of the street for nothing but here.

TUCHMAN: Are you legally in this country?

UNIDENTIFIED MALE: I'm legal.

TUCHMAN: Do you think they pulled you over because they think you're an illegal immigrant?

UNIDENTIFIED MALE: Just because of the color like everybody, yes.

TUCHMAN: Like the color of your skin?

UNIDENTIFIED MALE: Yes.

TUCHMAN (voice-over): Arpaio says he nor his department are racist. He insists they're doing what they're supposed to be doing.

(on camera): You sound like a cowboy.

ARPAIO: No. Yes, you know, I do act like a cowboy, but instead of going after horse thieves, I go after car thieves. Things have changed. So, we have my deputies and we go in certain areas where crime is prevalent and during the course of our -- maybe 15 hours, we arrest many violators of the law, and just by chance, about 60 percent that we arrest happen to be here illegally.

TUCHMAN (voice-over): The sheriff says that the controversial elements of the new immigration law are eventually enacted. The only major change for him would be keeping the illegal immigrants in his jail instead of giving them to the feds. His opponents will be fighting him every step of the way.

ARPAIO: All right, let's go do our thing.

TUCHMAN: Gary Tuchman, CNN, Phoenix.

(END VIDEOTAPE)

ACOSTA: The law itself and the changes made by a judge prompted protests on both sides. So, what exactly is in Arizona's immigration law and what's out?

Josh Levs is here now to talk us through it. Josh, talk us through this here for us. This is complicated stuff.

JOSH LEVS, CNN CORRESPONDENT: It is complicated stuff and I actually read the ruling a few times just to make sure that I was breaking it down right. Let me go through first a few key points about what's out of this bill given this judge's decision.

First of all, you have removed now a requirement on officers to check immigration status. Now, keep in mind, there were already some caveats. Officers under the wave (ph) of legislation, underway the law was written, they were supposed to make a reasonable effort when practicable to check someone's status if they have another reason to pull them over in the first place. So, that requirement is now gone.

Also taken out -- it said in the law that it's a crime for failure to apply for or carry documents. And this is what's so complicated about this. It's already federal law that immigrants are supposed to carry documents, but Arizona was making it a crime in Arizona for failure to do that. The judge removed that, so that's not there anymore.

Two more I'll mention. She also took out this part about it being a crime for soliciting or performing work if you're in the country illegally. And finally, what she called warrantless arrests if there's probable cause. So, she took out the part of the law that said that police could arrest someone if they had suspicion that the person might actually have probable cause to be deported. She removed that as well.

So, that's what's out of the law there.

ACOSTA: And so, that's what's out at this point. Governor Jan Brewer down there says that this law just complements what is handled at the federal level. So, what's in this law and does any of that give any credence to her argument?

LEVS: Well, I'll tell you, there are a couple of things that are staying in this law that I understand. One of them is day laborers. I know we have some video. You know, as we know, day laborers exist all over the country. And one of the things that this law says, which is interesting, is specifically says that you cannot stop to pick up any day laborers if it impedes traffic.

Also staying in this law are lines now about soliciting work. It is -- remains illegal to solicit work if you are in the country illegally. And also, I find this one interesting. They're keeping the parts of the law that say any citizen has the right to sue a federal official or a federal agency if the citizen believes that that agency is failing to enforce federal law.

So, individuals in Arizona can still sue their government if they feel it's not doing an adequate enough job to enforce federal law. So, that whole thing is still in there.

ACOSTA: All right, Josh Levs, breaking it down for us.

LEVS: You got it.

ACOSTA: A complicated subject, but I think you nailed it. Thanks, Josh.

LEVS: See you.

ACOSTA: And our legal guys are going to be right back in just a few moments, including Richard Herman live in Hawaii. So, stay with us. We'll be right back.

(COMMERCIAL BREAK)

ACOSTA: OK, welcome back.

A college degree dependent on gay sensitivity training? And polygamist Warren Jeffs gets a new day in court with his previous convictions overturned. Let's go back to our legal guys to break this down for us. Civil rights attorney Avery Friedman is in Cleveland and New York defense attorney Richard Herman live in Honolulu at this hour. There it is on the map that we -- instead of that dot pointing to Honolu, it should say Richard Herman out in the middle of the Pacific Ocean.

HERMAN: It's pretty early here.

ACOSTA: I bet. Well, an extra thank you for that. We appreciate it. Let me start with Avery. I think a lot of people when they heard the news about Warren Jeffs were probably shocked about this. How did this happen?

FRIEDMAN: Well, it's actually -- the opinion is a travesty, Jim. I mean, it was not unthoughtful. Basically, here's what the Supreme Court in Utah said. He was convicted of being an accomplice to rape because he had ordered Elissa Wall, who was 14-years-old at the time, to marry an older person. I mean, basically he was a religious pimp.

And what the Supreme Court of Utah said is that because the rape didn't take place at the time essentially, he can't be an accomplice. So therefore, the convictions are reversed.

Now, what that means is that they'll send it back for a new trial, but I think the underlying reasoning again is just a travesty, a dreadful decision for those people who are victimized by sexual abuse like Elissa.

ACOSTA: And Richard, was it -- so is this a technicality?

HERMAN: It was a technicality. And you know, this -- this FLDS organization runs almost like an organized crime group, free to roam in Utah.

FRIEDMAN: Yes.

HERMAN: The decision made by the Utah Supreme Court was truly a horrific decision. They focused on a jury instruction that had nothing to do with Jeffs, had nothing to do with the exact crime. It had something to do with this person Steedman and his position of trust. The court said that the judge failed to instruct the jury, that he also had a position of trust along with Jeffs.

That was it. That was a technicality. It was really an outrageous -- but you know, you win a battle, you lose the war. State of Texas is lined up next for him, and it is ...

FRIEDMAN: Right.

HERMAN: ...he's facing horrible felony charges in the state of Texas and they are not going to overturn anything based on a technicality like this in Texas.

ACOSTA: Well, I think you both capture a lot of the frustration that's out there over that case. Let's move on to -- this one is -- I can't wrap my brain around this one. But officials at Georgia's Augusta State University told counseling student Jennifer Keaton they were concerned her outspoken Christian views might affect her work with gay and lesbian and transgendered clients. So, they gave her a choice, participate in a remediation plan or leave the school's counseling program. Instead, she has chosen to sue. Avery, I mean, this just seems like a freedom of religion first amendment case. That doesn't necessarily mean that she has a lawsuit here, but what's your take on this? This is strange.

FRIEDMAN: Well, I'll help you wrap your brain around it.

ACOSTA: OK, good. Please.

FRIEDMAN: Look, this is a case which at first blush looks -- and you're exactly right -- it looks like a first amendment freedom of religion case, but when you think more deeply about what the university is doing, it is saying, listen, we have a counseling program. This is what is required. That doesn't mean you have to accept it or practice it or believe it.

So, while one's first blush or first reaction is that she's going to win in federal district court under the first amendment freedom of religion, she is going to fail. And when you look at the precedent, Jim, some more cases around the country, a student has never won in a case against the university in this sort of case. I think it looks good, but she's going down. The case is going to be thrown out of court.

HERMAN: Jim, she's just not expressing her views. She's expressing derogatory views against alternative lifestyles in a profession where she's supposed to be able to show some sympathy and sensitivity.

And as a gatekeeper of the counseling profession, she has an obligation not to make the kind of statements that she's making during the course of her study, completely derogatory and basically bashing these alternative lifestyles. And the university is giving her way out or they're saying, you know, don't study here and don't study counseling because it's not right for you.

FRIEDMAN: Yes, I think that's right.

ACOSTA: So, it kind of goes back to that old saying of freedom of religion ends at the schoolhouse doors? I mean, is it kind of that -- I mean ...

FRIEDMAN: Oh no, no, no, Jim. I think freedom of religion is at the schoolhouse doors. In this one, all they're saying is take the course, that's it. And she's says no, I won't.

ACOSTA: Well, lastly, another strange case out in California, guys. Let's talk about this. A woman is sentenced to a year in jail, again, trying to wrap my brain around this, Avery, so help me out. A year in jail for texting threats to herself and I'm a pretty smart guy. Texting threats to herself and blaming her ex-boyfriend and sister-in- law. What in the world is going on here and should I be worrying about the texts that I'm sending to myself?

Richard, you go with this one, first. HERMAN: You know, I guess, Jim, hell hath no fury, you know. They broke up, the relationship's over. So, what does she do? She goes and gets a prepaid cell phone in the name of her sister-in-law and starts making these insane threatening text messages, but she gets busted. They trace it back to her purchasing this phone. She gets caught, she gets prosecuted. She's now going to do a year in prison, she's going to get three years probation and have to pay restitution of $50,000.

FRIEDMAN: $50,000, right.

ACOSTA: And Avery, how are your texts doing? I mean ...

FRIEDMAN: Well, No. 1, you are a very smart guy, Jim. I mean, that we can see. But more in terms of this case, you know what? It looks very strange. But look what she did. She actually defrauded the government and these individuals, the two people that she was self- texting from her to herself, claiming it was from them wound up being arrested themselves several times.

So ultimately, the police did good detective work, they caught her as doing wrong. Justice prevailed. It shows the system works.

ACOSTA: Yes. Well, Avery and Richard, another example of why texting can get you in trouble in more ways than one. Avery Friedman live in ...

FRIEDMAN: That's right.

ACOSTA: ...Cleveland for us, Richard Herman from the islands of Aloha. Richard, thanks so much for that. We appreciate it.

Coming up next, the heat is on today, depending on where you live. It's going to be really hot. Your weekend weather is coming up next.

(COMMERCIAL BREAK)

ACOSTA: Well, the southeast would love some rain right now, if only to cool off some of the scorching temperatures expected today. Meteorologist Reynolds Wolf is live in New Orleans where it's a little hot now, I bet. It's already heating up, I'm sure.

Reynolds, what's the weekend forecast looking like?

(WEATHER REPORT)

ACOSTA: And stay with CNN throughout the day for the latest breaking news. "YOUR MONEY" starts right now.