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Perry: Texas Fires "Swift, Mean"; 700 Plus Texas Homes Burned; Hurricane Katia Weakens; New Details on Obama Jobs Plan; GOP Presidential Debate Tonight; New Gadhafi Video Surfaces; 4th Person Dies in Nevada Shooting; Family of Slain Yale Student Sues; Flooding Affects School Openings; Rethinking Airport Shoe Rule; Kimmel Recalls Uncle, Cast Member; Break In at Celine Dion's House; The Duke's Memorabilia Auction; Finding Common Political Ground; First Family's Holiday Tree; Fourth Victim Dies in IHOP Shooting
Aired September 07, 2011 - 10:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
KYRA PHILLIPS, CNN ANCHOR: And we begin this hour in Texas where exhausted fire crews are battling an enemy that is both astonishing and relentless. Wildfires have burned somewhere in the state for nearly ten months without any break.
Today is the 296th consecutive day of work for firefighters. Just in the last week, 120,000 acres have burned. More than 700 homes have burned since Sunday and near Austin, a blaze has killed two more people, raising the overall death toll to four.
Jim Spellman is still in Bastrop near the largest fire in the state. So Jim, what do you think? Are fire crews make anything progress?
JIM SPELLMAN, CNN CORRESPONDENT: They are make something progress. They have this fire about 30 percent contained, which really impressed me. This was such an active, dynamic fire that moved so fast in its first 48 hours.
It's really remarkable they were able to do that. They really took advantage of the weather yesterday. Calm winds and low temperatures. It does really help. Short of rain that's what firefighters need to get these fires under control. They're out there again giving it their all.
When you were mentioning how long this drought has been going on and how many fires they've been fighting and for how long, they know they don't have the luxury of time when they are fighting these because they could have a dozen more fires break up today.
That's what we've seen over the last few days. The day before yesterday, just within about 100 miles of here, there were five or six fires that claimed 20, 25 homes. Any one of those fires would be big news on a regular day. In Texas, it's become really just another day here in this epic drought and this horrific wildfire season, Kyra.
PHILLIPS: All right, Jim Spellman, horrific indeed. We'll be talking more about it. We want to talk more about the fire conditions now. Meteorologist Rob Marciano joining us for that, been following everything from county to county.
ROB MARCIANO, AMS METEOROLOGIST: Last two days have been much, much better as Jim pointed out. The winds have been relatively light and temperatures have come down just a little bit. Do want to point out this particular shot.
There's Austin proper looking from the northwest down to the southeast where that fire is about 20, 30 miles away. Notice how the clouds and the ash and the smoke settled down in the lower parts of the atmosphere.
That's from high pressure, which is causing -- not causing the rain. It's one of the reasons they've been so dry. The sinking air and that's going to keep temperatures, well, you know, not terribly hot. Relative to what we've seen this past year.
Austin has seen over 80 days of 100-degree-plus temperatures. They'll take 95. It will be 89 degrees in Dallas and 92 expected in Houston. By the way, the fire north of Houston, that's nothing to be trifle with either.
Some of the smoke from that may be coming down toward the Houston area. Certainly some of the outskirts because of the -- and that will bring some higher or more poor air quality. As far as what we can look for to potentially bring some rain to Texas, we've been begging for this stuff.
This thing could be a tropical depression or tropical storm in the next couple of days. The National Hurricane Center has given a 60 percent chance of doing that. Our computer models are kind of all over the place, none of which are really bringing it to Texas proper.
Here's Hurricane Katia with winds now of 90 miles an hour. It's a Category 1 storm still forecast to head off out to sea. Big swells, big waves and some rip currents will be an issue as well.
And tropical depression number 14, this has a lower trajectory. That may make a run at the U.S., but not until next week. Until then, no rain in the forecast for Texas until further notice. Kyra --
PHILLIPS: Got it. Thanks, Rob.
Now to the economy and the president's all-important speech on creating jobs. This morning, we've got new details of the plan that he'll unveil before the joint session of Congress and our Brianna Keilar is at the White House with a sneak peek. What did you find out?
BRIANNA KEILAR, CNN WHITE HOUSE CORRESPONDENT: Yes, this is the new stuff, Kyra, $300 billion plan. That is the working figure that we're hearing from Democratic sources that are in discussion with the White House.
A $300 billion jobs plan offset by $300 billion in cuts and we've known some of the things that will be in this. The president has signalled there will be tax cuts, payroll tax cut extended for employees and also giving it to employers as well.
Right now, employees are getting a break on their payroll taxes. The president wants to continue that into the next year and also allow employers to take part in that as well. Also, help for the long term unemployed, extending unemployment benefits.
And, Kyra, as well, we've been reporting that education to be a priority in this plan. The president will lay out tomorrow night. That would include money or what we're expecting would be money for teachers who have been laid off to re-hire them and money to renovate schools.
This would be part of the infrastructure spending you've heard the president and White House talk so much about as a priority. But also, Kyra, we should stay tuned to see if there is something new because yesterday, White House Press Secretary Jay Carney said there will be new proposals, things we haven't heard, things the White House has not floated that he will announce in this address tomorrow night.
PHILLIPS: And also, some Republicans choosing not to go to the speech.
KEILAR: That's right. I confirmed directly with the spokesperson for Georgia Republican Paul Brown who is planning on not going to the speech. He will be on the Hill in his office, and he will be watching the speech.
He will be tweeting about it. He will be having a Twitter town hall as his office puts it with his constituents, but he's very critical of the president. Generally speaking, Republicans are not expecting a whole lot of new to come from the president.
And already they are panning what they've heard. So expect the Republican response. It's not going to be an organized one, just one person doing it, Kyra. But expect Republicans to come out hard hitting against the president's plan tomorrow night.
PHILLIPS: All right, Brianna, thanks.
President Obama will unveil his plan before a joint session of Congress, as we mentioned, tomorrow night and CNN plans live coverage starting at 6:0 p.m. Eastern.
Rick Perry has his first test on the national stage tonight. He's joining other GOP presidential candidates at the debate. Now our Paul Steinhauser is here to talk about what's at stake for Perry. Paul --
PAUL STEINHAUSER, CNN DEPUTY POLITICAL DIRECTOR: Yes, Kyra, I think it's sure to say that Rick Parry, he'll have the most at stake, the most on the line in tonight's debate. Remember, this is the first debate he's going to be partaking in since he jumped into the race for the White House less than a month ago. He is the front-runner in most of the national polls.
Just about everyone, six in the last three weeks. So you could say because he's the front runner, he's got the most at stake and also, Kyra, as you were talking with our Peter Hamby last hour, Rick Perry has not debated much over the last couple of years, over the last two re-elections in Texas. So while these other candidates have a lot of experience lately debating, he does not. Kyra --
PHILLIPS: All right, well, let's talk about the other candidates and the various game plans.
STEINHAUSER: OK. Let's start with Mitt Romney. He used to be the front-runner until Rick Perry kind of just pushed him right off to the side. He's now number two in all those national polls, including our own CNN one.
What does he do? Does he go after Rick Perry? Does he directly attack Rick Perry or keep his strategy of going after President Barack Obama.
Let's talk about Michele Bachmann, the congresswoman from Minnesota. You know, she was a rising star back on August 13th. She won that crucial straw poll in Iowa. But that same day, Rick Perry has jumped into the race. He's kind of stolen the spotlight from her. What does she do to grab that spotlight back?
Jon Huntsman, let's keep our eyes on him as well. You know, lately, Kyra, the former Utah governor has kind of been criticizing all the other candidates saying they are too extreme to win a general election. Does he continue that strategy?
And for the other candidates, they just really have to prove that they are relevant. Kyra, one more thing I will say if anybody messes up tonight, they get a second chance in five days. Why?
Because on Monday night, CNN, we have our own debate, a Tea Party debate in Tampa, Florida. That will give somebody a second chance to fix something that goes wrong tonight.
PHILLIPS: OK. You get a second time around. All right, Paul. Thanks.
In Libya, still nothing on the whereabouts of long time strongman Colonel Moammar Gadhafi, but Reuters is releasing a fascinating home video of the Gadhafi family. CNN's Zain Verjee live with the back story on that. Zain --
ZAIN VERJEE, CNN INTERNATIONAL ANCHOR: Hi, Kyra. Let's just take a look at this video. It's actually really fascinating. It's unclear when exactly it was shot, but it seems relatively recent.
This is video taken in the compound and you see Moammar Gadhafi there with one of his granddaughters and some other shots he's there with other children and his family. But you see he's playing with his granddaughter and you can't hear it, but the dialogue in it, he's saying, I am your friend. I'm your friend. Don't you love me and she goes no. And he goes why do you hate me? Am I not sweet? And she says no.
But he is seen in these pictures as a pretty affectionate person toward his family, his grandkids. There's another shot where he's cutting food for her. One of his sons is in this shot as well. So this appears to be in the compound.
And it's fascinating stuff. A real behind the scenes look at the former Libyan leader and the way he relates to his family versus the eccentric images and brutal history that we've seen in the way that he runs his country and his people.
PHILLIPS: So in addition to this video, I mean, Zain, have you been able to gather any new insight as to where he might be?
VERJEE: Well, Kyra, if that's the million-dollar question and if I knew the answer to that, I would be a total rock star. But unfortunately, it's just really difficult. I would. I would. I would be signing book deals.
But, no, it's really difficult to nail this one down. I mean, the U.S. State Department has said that he's not in the convoy. They believe that is in Niger. And his own spokesperson says that he's still in Libya. He, himself has said he would die in Libya.
Maybe he's fled to some other African country, some of whom were his buddies because he gave them so much money, because of the oil revenue and he was very generous with it. So I don't know.
PHILLIPS: Well, when you see the video from underneath his compound and all the tunnels and the hiding rooms and the secret doors, he definitely knows how to run and hide. That's for sure. All right, Zain. We'll still be looking for that book when you uncover the real scoop.
Coming up, I'm going to tell you which Ivy League school is facing a wrongful death lawsuit accused of doing little to protect female students on campus.
Also ahead, here's a scene we've had to endure for years. Taking off our shoes at airport security checkpoints. Well, guess what. That may change.
(COMMERCIAL BREAK)
PHILLIPS: Checking out stories cross country. In Carson City, Nevada, a fourth person has died from yesterday's shooting rampage in an Ihop restaurant. Three of them National Guard members, 11 people in all were struck by that gunfire. Police say the suspect later turned the gun on himself.
(BEGIN VIDEO CLIP)
STEVE MARTIN, WITNESS: All of a sudden, we heard a bunch of shots going off, loud shots. I mean, it was crazy. We're seeing people running out of the building.
GIGI LEETZOW, WITNESS: Just started hearing what sounded like machine guns or fire crackers or something. It was loud.
(END VIDEO CLIP)
PHILLIPS: And in New Haven, Connecticut, the family of Annie Lei has filed a wrongful death lawsuit against Yale University alleging that the school did little to protect women on its campus.
Lei was killed in a research lab in 2009. The university says the lawsuit has no merit. CNN's senior legal analyst Jeff Toobin will join us in a few minute with more about this case.
In parts of New York and New Jersey that were hit hard by Hurricane Irene, there some are changes to the start of the school year. In New York, they'll be some delays. In Newark, New Jersey, concerns over mold that one school means a temporary reassignment of students to other schools.
So do you remember this guy? Richard Reid, the infamous shoe bomber who plead guilty almost a decade ago for trying to ignite explosives in his shoes aboard an American airplane. He changed our security process forever.
But guess what? There's a chance you may soon be able to leave your shoes on. Former inspector general for the Department of Transportation, Mary Schiavo, joining us now via Skype from Charleston, South Carolina. So, Mary, is this really going to happen?
MARY SCHIAVO, INSPECTOR GENERAL, U.S.D.O.T., 1990-1996: Well, it's not happening right now. In the future, it will because what TSA is working on is additional technology that will enable them to better scan shoes on the feet of the wearers.
Right now, we still have to take them off when we go to the airport because that's where you can better scan them through the x-ray machine, which will show explosives in different color. So the technology is being worked on, but right now it's still shoes off. But there's some promising technology out there.
PHILLIPS: So, OK. Because the talk from Janet Napolitano was that, I guess the feeling there is this could happen very soon. So give us a reality check. Are we talking years from now?
SCHIAVO: Well, we might be talking months from now on some various pilot programs. Remember, the TSA is changing up a lot of things. They're not going to be doing it the same way every time. And then trusted travelers, those who pass the preliminary scrutiny and provide enough data to the TSA may be allowed to go through.
Now, remember, the body scanner machine will be able to pick up some devices in shoes. It just depends how they are hidden and a metal detector, even a hand-held metal detector, a wand, will pick them up if scanned properly and the wand goes all the way down to the floor if there's metal in the shoe.
There are already ways they can do it. What the technology of the future will be is that you can walk through and it will be able to detect the ions from the explosives while the shoes are on your feet, saving us all a lot of time. But that's at least months if not a year or so down the road.
PHILLIPS: Well, do I dare ask? Does that mean liquids are not far behind?
SCHIAVO: No, that doesn't mean liquids are not far behind. The problem with liquids is they are more difficult to scan. It's difficult to analyze what it is particularly if they are in a sealed container.
Because a lot of explosive detection equipment counts on being able to analyze the ions. So liquids, do not look to be able to take gallons of liquid on board any time soon. That 3-ounce rule is going to remain in effect for the indefinite future.
PHILLIPS: Got it. Mary Schiavo, thanks.
SCHIAVO: Thank you.
PHILLIPS: You bet. Well, on Jimmy Kimmel's late night show, it was a mix of tears and laughter as Kimmel paid tribute to cast member and family member, Uncle Frank. Your showbiz update is next.
Instead of being hot over coffee, the head of Starbucks is hot over politicians. Just ahead, his plan to get Washington to wake up and focus on jobs.
(COMMERCIAL BREAK)
PHILLIPS: Jimmy Kimmel breaks down during his late night show. Celine Dion's hungry burglar makes an appearance and you can soon own a piece of the duke.
"SHOWBIZ TONIGHT" host A.J. Hammer joining me this morning. All right, first, let's talk about Jimmy Kimmel. During a tribute to his uncle he got pretty emotional, right?
A.J. HAMMER, HOST, "SHOWBIZ TONIGHT": He did and he paid a large portion of the show, he paid tribute to his Uncle Frank who died a few weeks ago. Frank was an NYPD cop, Kyra, and he worked on the show as well. Funny, funny guy, very popular regular on Kimmel's show and Jimmy was pretty emotional about him when he was talking about his uncle last night. Take a look at what happened.
(BEGIN VIDEO CLIP)
JIMMY KIMMEL, HOST, "JIMMY KIMMEL LIVE": As you may have heard, my uncle frank who -- already -- has been a fixture on our show since our first night on the air in January of 2003 passed away over our vacation. He hated vacation. So he decided to ruin ours.
(END VIDEO CLIP)
HAMMER: He died on August 23rd. He was 77 years old. To hear the fans talk about him, they were really, really upset. He sounded like such a sweet guy, very generous, obviously, very funny. We got to see him on the show all the time. Kyra, I'm thinking we should all be remembered as fondly as Uncle Frank seems to be.
PHILLIPS: I'll tell you what and Uncle Frank, yes, he's looking down, you know, totally recognizing how emotional Jimmy got and also keeping a sense of humor.
I mean, it was a beautiful mix there. All right, so speaking of a very interesting situation with Celine Dion and this guy that comes in and raids the fridge and draws a bath?
HAMMER: Well, you figure there's going to be good stuff in Celine Dion's fridge. That's what I'm thinking. Here's the deal. Celine Dion and her family were apparently out of town at the time this happened.
Police say this 36-year-old man broke into Celine Dion's home in Quebec, was reportedly in the process of drag bath when he was arrested by police. Now he reportedly got access to the home through an unlocked car that was parked in the driveway.
It had a garage door opener inside. Although even with all of that, he still set off the silent alarm in the house. And according to police, Kyra, he did manage to steal at least one thing. They told reporters he managed to eat some pastries from the fridge.
He's being charged with breaking and entering and is reportedly due back in court in November. I'm thinking it's Celine Dion. She's French Canadian, maybe a pan de chocolate.
PHILLIPS: I was just thinking of those French pastries, you can't beat it. All right, so I understand you are making a bid on this John Wayne cowboy hat?
HAMMER: Yes, I don't know. It might not be in the budget. Some of the duke's personal memorabilia is up for bid at Heritage Auctions. The Wayne family is putting more than 700 awards, scripts, costumes, a bunch of personal documents up for sale.
We're talking about some pretty cool items from Wayne classics. The Stetson he wore in "The Man Who Shot Liberty Valance." Several items from his classic "True Grit." Wayne played, of course, one-eyed Marshall Roster Cogburn in the film. His eye patch and the hat are up for sale as well as the Golden Globe trophy he won for playing the role.
I'm thinking I might bid on the eye patch. That's kind of cool. Previews for the auction plan in New York, Dallas, and Los Angeles. The actual sale will take place in L.A. and online October 6th and 7th. So if you are a fan of the duke, Kyra, start saving. Some pretty cool items.
PHILLIPS: I just saw that opening bid on the eye patch, a little more than four grand. That's a lot of cash there, A.J. HAMMER: For a piece of true John Wayne memorabilia and the opportunity to wear it here on CNN, I think it would be well worth that, maybe a little more.
PHILLIPS: There you go and it was a great flick. Thanks, A.J.
If you want information on everything breaking in the entertainment world, A.J. always has it every night, "SHOWBIZ TONIGHT," 11:00 Eastern on HLN.
You may remember this story we talked about a few weeks ago. Starbucks' CEO Howard Schultz urging fellow CEOs to withhold political donations until lawmakers get more civil with one another.
Well, now he wants you and me to take the idea just one step further. Alison Kosik is talking about it at the New York Stock Exchange. Alison --
ALISON KOSIK, CNN BUSINESS CORRESPONDENT: Yes, it's our turn now, Kyra. So Starbucks' CEO Howard Schultz, he wants Washington to play nice in the sandbox. He wants everybody to find common ground.
Now he's asking for Americans to go ahead and do their part. He wants them to actually contact their representatives. Send them an e-mail. Write them a letter and send it through the post office.
Pick up the phone and give them a call. Urge them to stop bickering. You know what, Schultz says it's your civic duty. He was on "AMERICAN MORNING" today. Listen to what he had to say.
(BEGIN VIDEO CLIP)
HOWARD SCHULTZ, CEO OF STARBUCKS: What I'm asking is a very simple question. Let's have our elected officials put their feet in the shoes of Americans who are unemployed, who can't make the payment on their house, who can't get access to credit. A fracturing of consumer confidence and recognize this is a sense of urgency that we need. Please do your job.
(END VIDEO CLIP)
KOSIK: And Schultz says you know what the problem is? The problem is lawmakers are looking through every issue as though they are looking through this lens and trying to get re-elected instead of hammering out workable solutions.
His point is, is use your voice. Maybe if these lawmakers see the actual problems that Americans have, maybe they'll get off their duff and do something. Kyra --
PHILLIPS: Well, is Schultz making any recommendation on how Washington should handle all the issues that we're facing?
KOSIK: You know what? Not really. He admits he's just the CEO. He's not an economist. But he does recommend cutting the corporate tax rate. But his overall theme is really all about cooperation in Washington instead of sitting at the stalemate. Because what it would wind up doing is restore confidence among these big business leaders. Kyra --
PHILLIPS: All right, how are the markets looking?
KOSIK: They are looking pretty good. The Dow up 180 points. We're gaining back what we lost yesterday. You are seeing a lot of optimism. There's a lot of anticipation ahead of President Obama's job speech tomorrow.
But analysts are warning, you know what, there's no silver bullet here. We've got a lot of negative factors hanging on the markets. You name it, jobs, housing, confidence, but once again, Wall Street is pretty optimistic about this speech at least at the moment. Kyra --
PHILLIPS: All right, thanks, Alison.
Coming up, will Rick Perry's involvement in Al Gore's 1988 presidential campaign be a problem for his own campaign? Political buzz weighs in.
(COMMERCIAL BREAK)
PHILLIPS: And checking top stories now. An elite search team joining firefighters responding to the largest of the Texas wildfires. At least two people have been killed and 120,000 acres have burned.
The death toll from the shooting at a Nevada Ihop restaurant has risen to four. The suspected gunman who family members say had mental health issues also shot and killed himself.
And more pain for north eastern residents flooded out by Hurricane Irene. The remnants of Tropical Storm Lee could drop several inches of rain in some places now.
All right, your "Political Buzz." It's your rapid fire look at the best political topics of the day. Three questions, 30 seconds on the clock.
Playing today, Democratic strategist, Maria Cardona, Sirius XM political talk show host and comedian Pete Dominick and CNN contributor and talk show host, Dana Loesch.
All right, guys, first question. Rudy Giuliani says that he'll consider running for president if Republicans are, quote, "truly desperate." Are they, Maria?
MARIA CARDONA, DEMOCRATIC STRATEGIST: Of course, I think they are truly desperate, Kyra, but Rudy Giuliani is not the answer. But more than desperate, I think they are misguided, misguided in their attempts to continue to protect millionaires and billionaires at the expense of the middle class of seniors, of students, of workers.
Their attempts to continue to protect hedge fund managers again at the expense of middle class and working class people in America so more than desperate, they are misguided. And that's their problem.
PHILLIPS: Dana?
DANA LOESCH, RADIO TALK SHOW HOST: Well, so long as they are not a member of GE. I halfway agree with Maria. I think that Rudy Giuliani is not the answer. He seems like a great guy, but I don't think the GOP field is desperate.
Simply because there's been a litany of polls released showing that you don't even have to have a name as a Republican to beat this president in the polls, you can be generic Republican candidate and beat him.
I'm being literal. That was the name of the -- the name of the Republican beating him in one of the last polls, Republican candidate. They don't even have to have names. They just have to be conservative.
PHILLIPS: Pete?
PETE DOMINICK, SIRIUS XM POLITICAL TALK SHOW HOST: Well, the truth is they will have names. So, it doesn't make that much sense, but the fact is there definitely are desperate if they're considering Rudy Giuliani. He's going to put his cape on and fly into the presidential race. He'll slam right into the wall.
The truth is Rudy Giuliani is playing the Sarah Palin game. He's brilliant for doing it. Get his name out there, get his speaking fees up. That's what a lot of these candidates are running for. Not vice president, but for speaking engagements and to sell books. Watch Newt Gingrich sell his books this evening.
PHILLIPS: All right. A new ad, Ron Paul is attacking Rick Perry's support of Al Gore's 1988 presidential campaign. So, what do you think? Will this be an attack against Perry that works? Dana.
LOESCH: That's so silly. This was over 20 years ago, and he went on one press tour with Al Gore, and he voted for George H.W. Bush. If Ron Paul is upset because over 20 years ago, one Republican used to be a Democrat, then I used to be a Democrat. I campaigned for Bill Clinton before I could vote.
If you're not going to be supportive of people when they finally do come to your side, if you're not out there to change hearts and minds, then what is the point? You're admitting that you have no idea why you're even out there. So, I think it's all silly.
PHILLIPS: Maria.
MARIA CARDONA, DEMOCRATIC STRATEGIST: I think it's cute and catchy ad, but I think that Ron Paul is banking on people either not remembering or not doing the research that, in 1988, he actually ran for president as an independent because he was talking about how Reagan was a traitor to the Republican Party for amassing huge deficits. So, I don't think it's going to be an issue for Perry. What's going to be an issue for Perry are, frankly, his misguided policies.
PHILLIPS: Pete.
DOMINICK: That's pretty interesting to find this out. I think it's an effective ad. I don't think it'll make that much difference. The truth is, Rick Perry became a Democrat earlier in his life than Ronald Reagan did, but it's interesting to think that, maybe, if Rick Perry supported Al Gore at one point, he also supports Al Gore's beliefs in science, but he's on the record as saying he doesn't. But, nonetheless, interesting. It's a good ad for Ron Paul's campaign.
PHILLIPS: All right. Guys, your buzzer beater. Twenty seconds each. Teamsters president, Jim Hoffa, says he will never apologize for calling the Tea Party SOB. So, what do you think? Is the story over? Or will it be a problem the president will be forced to address? Dana.
LOESCH: I think he's going to have to address it. If Jimmy Hoffa Jr. had said this on his own time, not at a presidential rally, it would be one thing, but he said it and he called Americans SOBs, and then, the president came out on stage, praised him, thanked him, and told the crowd how proud he was of him. This is the vitriolic rhetoric we're talking about.
And I don't think it's just speech. We had an Ohio businessman who was shot for being nonunion. So, I don't think that these are just words. I think that they're serious actions that come behind words like this. He's a union thug.
PHILLIPS: Maria.
CARDONA: Wait a second. News flash. A Teamster named Hoffa uses colorful language to describe a political opponent.
(LAUGHTER)
CARDONA: I don't think it's news, Kyra, and I don't think it's going to be something that is going to linger on. Look, at least, he didn't tell a fellow senator to go F himself on the Senate floor like Dick Cheney did when he was vice president.
PHILLIPS: Ooh! Pete Dominick.
(LAUGHTER)
DOMINICK: I love listening to these two ladies. The truth is, I think this story was dead when you asked about it yesterday, Kyra, but Dana, if you go see her Twitter feed, you guys got to go to Dana Loesch's Twitter. She is keeping this baby alive.
(CROSSTALK)
(LAUGHTER)
PHILLIPS: Is she using cuss words? I want to know.
LOESCH: It's an embarrassment to the country when you have something like this.
DOMINICK: But it could be brought back to life, not with Dana's Twitter feed. But if one of the candidates for president (BUZZER) says something about it tonight. Otherwise, this baby is dead. Nobody cares.
PHILLIPS: All right. Stay tuned. Thanks, guys.
Well, coming up, a swift water river rescue is caught on tape.
And, terrified patrons duck for cover in an I-HOP when a gunman opens fire.
(COMMERCIAL BREAK)
PHILLIPS: Checking stories across the country now. The Arizona republic is reporting that an appeals court has ruled against the state for trying to deny health care benefits for same-sex partners of state employees. The governor may appeal.
In Marquette County, Wisconsin, Tom and Sue Schroeder's Christmas Tree Farm, well, it's going to have the distinction of sending its best tree to the White House. The couple was declared the grand champion Christmas tree growers in a recent contest. They plan to present their tree to the first lady in late November.
And first responders in Stafford County, Virginia used their new motorized rescue boat for the first time ever to pull a man safely from a swift moving river yesterday. The man, apparently, fell from a boat and was unable to swim ashore.
We're learning more about that suspect behind the shooting rampage at an I-HOP restaurant in Nevada. CNNs Thelma Gutierrez is working the story for us. She's got the latest from L.A. -- Thelma.
THELMA GUTIERREZ, CNN CORRESPONDENT: Kyra, in about an hour and a half, the Carson City Sheriff's Department is expected to hold a news conference. Now, we are learning more about the gunman. He's 32-year-old Eduardo Sencion. He's a resident of Carson City who worked at a family business in South Lake Tahoe. Now, Sencion, who had no prior criminal record, opened fire on a group of national guardsmen who were having breakfast at an I-HOP restaurant yesterday morning with an AK-47.
Four people were killed, including three guardsmen and a civilian who happened to be in the line of fire. In total, 11 people were shot in the rampage. Investigators say Sencion continued firing his weapon as he left the restaurant, shooting a woman in the parking lot on his way out. Witnesses say people were running for cover and hiding under vehicles.
(BEGIN VIDEO CLIP) STEVE MARTIN, WITNESS: All of a sudden, we heard a bunch of fire -- we heard a bunch of shots going off. Loud shots. It was crazy. We see people running out of the building. I asked some people that were running out, what happened? What happened? There were people hiding underneath cars telling me to call cops. And I was -- I didn't know what to do. I see people already calling, so I didn't grab my phone at that time.
And then, when I heard the shooter was out of the building, I ran in to see if I can help, and there was two people dead for sure with their heads just completely shot off.
(END VIDEO CLIP)
GUTIERREZ: Investigators say they found an empty 30-round gun magazine, a pistol, and an assault rifle near a vehicle. According to family members, Sencion had a history of mental illness, and they say he had no previous military experience. Now, authorities did say that they are searching for a motive. They say they are concerned because so many of the guardsman were in uniform when they were shot. Sencion died in the parking lot from a self-inflicted gunshot wound to the head -- Kyra.
PHILLIPS: All right. Thelma Gutierrez reporting out of L.A. for us. Thelam, thanks.
A wrongful death lawsuit is filed against Yale University. The family of Annie Le says her murder could have been prevented. We'll talk with our senior legal analyst, Jeffrey Toobin, next.
(COMMERCIAL BREAK)
PHILLIPS: In 2009, five days before her wedding, Yale student, Annie Le, was murdered. Now, her family is suing the university saying that the school failed to protect women on its campus. CNN's senior legal analyst, Jeffrey Toobin, joining me with more. So, Jeff, you point out this is going to be a tough case to prove. Why?
JEFFREY TOOBIN, CNN SR. LEGAL ANALYST: Because what happened here is an employee with no criminal record did a horrific, horrific crime, and he's been caught, and he's now been sentenced to 44 years in prison, but it is not clear what Yale could have done or what Yale has done in the past to make this crime possible. And so, it's hard to think how a jury would fault Yale for this criminal act of this one individual.
PHILLIPS: Well, the suit claims that Yale created, I'm reading from the notes here, created a culture of tolerance that allowed aggressive male behavior. And, Jeffrey, you remember when I covered the story out of Yale, the Delta Kappa Epsilon frat, and these young pledges were walking around the university chanting about rape. I mean, some pretty horrific things, and it was a ritual.
And women on the campus had spoken up about this type of behavior in the past, and nothing was done about it until, you know, we made a national story out of it. So, how do you -- is it tough to prove, in addition to this murder case, right, is it tough to prove a culture of tolerance for this type of behavior?
TOOBIN: Well, it is tough to prove. And, you know, this is where the judge will have to make a difficult call if this case goes to trial, because Yale will certainly argue, look, what these frat boys did was stupid. It was juvenile. It was embarrassing, but it had absolutely nothing to do with this crime. It is simply irrelevant to the issue of whether Yale could have stopped this horrible murder from taking place in an office building.
Now, the plaintiffs will argue, look, Yale has a culture, has a tolerance for gross male behavior that could foreseeably lead to a crime like that. Frankly, I think in recent years, judges tend to be more restrictive in what proof they let in. So, I think, there, it's going to be difficult for the plaintiffs to make a connection from the frat's stupidity to this horrific murder.
PHILLIPS: We'll follow it and see what happens. See if it maintains -- the case holds in itself. Jeff Toobin, thanks so much.
Two of Nascar's biggest names battled it out at Atlanta Motor Speedway. Jeff Gordon in car 24 pulled right in front of Jimmie Johnson on lap 276. Held him off the rest of the way. Gordon's third victory of the season, by the way. Eighty-fifth of his career.
Here's something you don't see in Major League Baseball very often. The Reds' Brandon Phillips running for home. He's going to be out by a mile. But instead, look at this. Instead of plowing into the catcher, he tags him, hugs him. What's up? How your doing? Let's get together. Have a beer.
And then mariners' outfielder Ichiro on the right and then check out the fan who looks just like him on the left. The real guy makes a great grab in last night's game against the Angels. Check it out. Jumps at the at the wall. Makes the catch. Takes a breath. And then check out the fan lookalike in the stands. Taking a bow. Thank you very much. He got a lot of laughs. He also got some boos from the Angels fans.
Ten years after the 9/11 attacks, some say the death toll continues to rise. Dr. Sanjay Gupta investigates the health problems of the first responders' at ground zero. He joins us, straight ahead.
(COMMERCIAL BREAK)
PHILLIPS: Breaking news now. More details are coming in on this morning's crash of a commercial plane in Russia. It happened just after takeoff, we're told, 155 miles northeast of Moscow. Thirty-six people are being reported killed.
And we're now learning that Russian, German and Swedish hockey players were on board this aircraft. Some of the players apparently do have ties to the NHL. Officials have not identified those killed yet or the nine people believed to have survived. We will stay on the story.
A few hours from now, lawmakers will gather at ground zero and file a petition on behalf of the emergency crews who responded on 9/11. They want the government's 9/11 health coverage to be expanded so it includes those first responders who have cancer.
Chief medical correspondent Dr. Sanjay Gupta in New York. Sanjay, you've actually spent the past year investigating the health of responders. How big of a problem is cancer at this point?
DR. SANJAY GUPTA, CNN CHIEF MEDICAL CORRESPONDENT: At the 10- year mark now, you start to have some real data. Some real ability to look back now and try and answer that question. This is controversial, as you know, Kyra. A lot of people back and forth.
But a new study out now from the fire department in New York's chief medical officer - he's the lead author on the study -- saying there is an increased risk of cancer. He was specifically looking at firefighters who were first responders. But an increased risk of cancer if they were in that area, they were working on the pile, as they call it. So, he says about 19 percent increased risk of cancer, which is significant. And he says if you add in all cancers, even cancers that appeared soon after 9/11, the number is closer to 32 percent.
You know, Kyra, obviously, there's a lot of people who are watching, who may they themselves have cancer, who worked on the pile or have loved ones and they say what is the likelihood that it was caused by breathing in that dust or air? And according to this lead author, he says there is a significant likelihood.
What was even more striking is that there are things called cancer clubs, Kyra. Quite startling to me. Groups of first responders who, you know, they all got cancer. They were all healthy. They all got cancer. There are so many of them that they have cancer clubs that meet from time to time. Take a look at one such cluster.
(BEGIN VIDEOTAPE)
ERNIE VALLEBUONA, FIRST RESPONDER TO GROUND ZERO: One of my friends, he's a captain. He had multiple myeloma. Another lieutenant who worked in vice with me, he has the same lymphoma I have. The same exact kind.
GUPTA (on camera): How many people just off the top of your head can you think of that fall into that pattern, blood cancer?
VALLEBOUNA: There are so many, I hear, every month there are a couple more.
GUPTA: Every month?
VALLEBOUNA: Yes.
DR. JACQUELINE MOLINE, WTC MEDICAL MONITORING PROGRAM: We do know there were carcinogens in there, even in the dust there were carcinogens. The question is how long does it take for people to develop cancers after they've been exposed to these compounds? GUPTA (voice-over): It's a question that science has struggled to answer. But Ernie Vallibouna has no doubt. He believes there's a connection between his cancer and the dust.
VALLEBOUNA: I firmly believe that.
GUPTA: It's a tough thing to prove, isn't it?
VALLEBOUNA: Oh, sure.
(END VIDEOTAPE)
PHILLIPS: Now, Sanjay, you have some of the actual ground zero dust, right? Tell me what's inside this canister and what might have sickened the members of this club.
GUPTA: Yes, this is the dust. You are absolutely right. I will just say because it's a hard thing for some people to even look at. One of the responders that held this up said he literally got emotional as he was holding this up. This is the most dangerous thing that I've ever held.
This probably in and of itself, this is remnants of the dust. It's a wholly unique combination of chemicals, Kyra. Benzene mixed with mercury mixed with titanium mixed with cement mixed with jet fuel. It is one of the few reminders, thankfully in some ways, of what happened on that day.
But also from a scientific and medical perspective, what people have been analyzing and poring over for the last 10 years, trying to figure out what was all of that dust and what could it do to the human body. And they have more answers to that question than ever before.
But I will add one thing as well, Kyra. Some of this is still unknowable because, as you might imagine at that time, there were volatile gases that just got released into the atmosphere that were never able to be collected. So, even this dust that we have and people have been studying is an incomplete picture, Kyra.
PHILLIPS: So just, I guess, a few hours from now, lawmakers and union leaders are going to gather there at ground zero to sign this petition requiring the 9/11 health program administrator to consider adding medical coverage for first responders with cancer.
Now I have to say, I think a lot of people are probably pretty shocked right now to hear that cancer treatment is not even covered right now.
GUPTA: I think they are shocked. And I think, you know, the fact that the study just now coming out ten years later, the first more definitive evidence of this link between cancer and dust, I think, is also surprising people. People thought this was a settled issue. It is not. Even in July of this year, this issue was evaluated, and they said cancer will not be covered. Will not be covered under the Zadroga Bill to which you are referring. This study may change that. But Kyra, I can tell you, having investigated this for a year, it's an incredibly emotional issue. Some of the first responders you just met, they have no doubts in their mind. Their doctors have told them. They've gotten sick. They believe it's due to the dust. But still, the -- people who are deciding on this compensation want the science to be absolutely crystal clear.
PHILLIPS: Yes. All right, Sanjay. Appreciate your reporting. And --
GUPTA: Thanks for having me.
PHILLIPS: Yes, my pleasure. And let's talk about it. You can actually see Sanjay's full investigation of the health fallout from 9/11. Rare, never-seen-before footage of the aftermath of that disaster. It's Sanjay's documentary "TERROR IN THE DUST." It's going to air tonight, 11:00 p.m. Eastern.
And then this Sunday, tune in to CNN's live coverage of the ten- year anniversary of 9/11.
And stories making news later today. 1:00 p.m. Eastern, NASA holds a teleconference to discuss new observations about solar flares that can impact communications.
And then at 4:45 Eastern, President Obama hosts Nascar's Sprint Cup Series champ, Jimmie Johnson, at the White House.
And then later tonight at 8:00 Eastern, a debate for Republican presidential candidates takes place at the Ronald Reagan Presidential Library in Simi Valley, California.
And coming up in the next hour of CNN NEWSROOM, fires tearing through Texas. Some folks forced to evacuate are now coming home. But many of them are returning to nothing but ashes. We're actually going to talk to one woman in Austin that's lost everything. That's coming up when CNN NEWSROOM continues.
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PHILLIPS: Giuliani joking about how he could wind up in the White House race. Deputy political director Paul Steinhauser has the story. He's always got something at a speech that makes folks laugh.
PAUL STEINHAUSER, CNN DEPUTY POLITICAL DIRECTOR: Oh, yes. He always has a good one-liner or two, Kyra.
Listen, you remember four years ago he ran for the Republican nomination. Didn't do so well. Dropped out. Former New York City mayor this year flirting with it, saying maybe I'll run, maybe I won't.
Well, aa speech yesterday at the National Press Club, he surely sounded like he was not so interested. Take a listen.
(BEGIN VIDEO CLIP) RUDY GUILIANI, FORMER MAYOR OF NEW YORK: If I think we are truly desperate, then I may run. Which is the way I got elected mayor of New York City. Do you know what my slogan was? You can't do any worse.
(LAUGHTER)
(END VIDEO CLIP)
STEINHAUSER: Pretty obvious there, right? I think he maybe is not so interested in running. Also said he'd have a hard time getting nominated. And he also said, you know what? I'm not going to change my stance on social issues. People say maybe he's not conservative enough on those issues. He says he doesn't want to change.
Kyra, you want to hear more Rudy Guiliani? You can. 9:00 tonight on CNN. He'll be Piers Morgan's guest. So, there you go. More from Rudy. Maybe more one-liners.
Hey, finally, one last thing for you. Chris Christie, governor of New Jersey, pretty outspoken. We'll probably hear more from him. He's got a new job, Kyra. He's been named the vice chairman of the Republican Governors Association. And for somebody who maybe is going to be the running mate next year, maybe not, or maybe somebody who wants to run for the White House in 2016, it's another spotlight.
So, there you go.
PHILLIPS: He many a time has those one-liners as well that grabs the headlines, as we saw.
STEINHAUSER: Oh, definitely.
PHILLIPS: Yes, like we saw a couple of weeks ago. Paul, thanks.
That does it for us. We'll see you back here bright and early tomorrow morning.
Fredricka Whitfield, in for Suzanne Malveaux today.
FREDRICKA WHITFIELD, CNN ANCHOR: And like Rudy, but wait, there's more.
PHILLIPS: Yes, hold on. There's more.
WHITFIELD: There's more.
PHILLIPS: We want to see more. There we go.
WHITFIELD: All right. Good to see you. Have a great day.
PHILLIPS: Thanks.
