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Bomb Threat at California School; GOP Presidential Candidates to Welcome Rick Perry in Debate; President Obama's Jobs Speech; American Convicted of Murder in Italy May be Released; Witness to I- HOP Shooting Interviewed; Family of Murdered Student Sue Yale; California Mansion Mystery; Search for AWOL Navy Man; Kennedy Center Honorees Named; NASCAR at the White House

Aired September 07, 2011 - 16:00   ET

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

(BEGIN VIDEOTAPE)

BROOKE BALDWIN, CNN ANCHOR: I'm Brooke Baldwin. The news is now.

UNIDENTIFIED MALE: All the sudden, we heard a bunch of shots going off.

BALDWIN: In the middle of breakfast, inside a crowded restaurant.

UNIDENTIFIED FEMALE: Sounded like machine guns.

BALDWIN: More on the suspect and what might have driven him to mayhem.

UNIDENTIFIED MALE: It was just a war zone down there. It was nuts.

UNIDENTIFIED FEMALE: My heart is pounding.

BALDWIN: The devastating moment when you find everything you own burned to the ground.

UNIDENTIFIED FEMALE: And that's my house.

BALDWIN: Plus, his daughter is behind bars halfway around the world convicted of murder, but Amanda Knox's dad is hoping she will soon walk free. I will speak with him live.

And during this hour, President Obama hosting NASCAR drivers at the White House, but not everyone accepted the invitation. Find out who isn't coming and why.

(END VIDEOTAPE)

BALDWIN: Welcome back. Hour two of the CNN NEWSROOM with me, Brooke Baldwin.

Let's get you to right this developing story here. An American Airlines flight from Dallas, Texas, to Reagan National at Washington, D.C., has been canceled due to a security issue.

Police have detailed two male passengers on flight. This is Flight 1316. Apparently the plane never actually left the gate there at DFW. The remaining passengers, they were re-screened as was their luggage. They have been rebooked on other flights to Washington.

Another breaking news story we have been keeping a close eye on. This is out of Southern California, out of Orange County, California. And

I now have Jim Amormino on the line. He's a spokesman for the Orange County Sheriff's Department.

And, Jim, let's just begin. As we are looking at these pictures, we're talking San Clemente High School evacuated earlier today because of this apparent bomb threat. Help me connect the dots. What have you learned? What started this whole thing with regard to Camp Pendleton?

JIM AMORMINO, SPOKESMAN, ORANGE COUNTY SHERIFF'S DEPARTMENT: Well, Orange County Sheriff's Department received a call from Camp Pendleton military officers that they had an AWOL U.S. Navy corpsman that did not report for duty today.

They became very concerned. Military police, search barracks, they found some notes and some writings that indicate that he may have placed some explosive on the campus of San Clemente High School. Bomb squad technicians responded with eight bomb dogs, all available personnel from the sheriff's department, as well as the Orange County Fire Authority and the Federal Bureau of Investigation.

There's approximately 3,200 students that attended the school with 180 staff members. Parts of the school have been searched. No explosive has been found at this time. But we're going to search every square inch of this campus.

We are releasing some of the students. Some of the area as I said have been cleared by bomb squad technicians. There's still a lot of places to check. Again, we're going to check every nook and cranny of this school. Now, we have identified the Navy corpsman.

(CROSSTALK)

BALDWIN: Yes, that was my next question. I mean, as you're looking for a potential bomb on campus, where are you looking for this individual?

AMORMINO: Well, we know he's driving a white jeep with a black top, oversized tires, 35-inch tires, California license plate 6NKZ930. He's been identified as Daniel Morgan, 22 years of age. We do not know what his motive is, but we do know that Camp Pendleton is extremely close to San Clemente High School.

And we know, seeing he's a member of military, that he may have access to explosive devices.

BALDWIN: How close -- Jim, for those of us who are not as unfamiliar, how close is Camp Pendleton from this high school?

AMORMINO: Just a couple of miles. BALDWIN: Just a couple of miles.

AMORMINO: Camp Pendleton property is very, very close, in fact up probably within a mile. So it's, again, very, very close. We believe that's the only connection is the close proximity.

BALDWIN: And I know you, I know the school taking this threat very seriously. It's the first day of classes, one of the mothers explained to me I know this kind of thing can sometimes happen. But this is very serious as this came directly to you from Camp Pendleton.

Can you be more specific with regard to these notes, these writings that were found? Were there multiple notes by this man?

AMORMINO: Well, I'm told there were writings. So I guess it is, yes, plural, which stated -- I can't be specific on what they said, but they definitely referred to explosive devices being placed on San Clemente High School campus.

And as you said, sometimes, the first day of school, you do get prank calls. You do get hoaxes. However, this is different. This is not a student calling in a prank. This is a member of the military who is AWOL, who may have access to explosive devices. It's a whole different ball game.

BALDWIN: Jim, other than the close proximity between Camp Pendleton and San Clemente High School, is there any other connection between this 22-year-old Daniel Morgan who left these writings and this high school? Did he go to the high school?

AMORMINO: We do not believe he went to the high school. We're checking with military personnel. We're interviewing people to see maybe he knew somebody at the high school. We just do not know what his motive is at this time.

BALDWIN: And so for now, it's my understanding the school has moved these 3,200 students off the field. I guess it's a pretty hot day out there in Orange County. They're now in the gym. The message from the school, don't come pick up your kids just yet. Is that correct?

AMORMINO: That is correct.

But that just changed moments ago. You're right. Initially, we moved them to the field because we swept the field. We knew that was a safe place. Then we swept the gymnasium. We moved them indoors because it is very hot outside. But part of the campus, students are being released, parents are coming by the area.

The street area, there's a lot of shrubbery around. That was searched. So outside the school is safe. Parts of the campus has been swept. So we are letting some of the students as well as some of the faculty leave.

BALDWIN: And, Jim, back to this 22-year-old who left these writings, this Daniel Morgan. He was a Navy medic, is that correct? AMORMINO: Well, yes, he was a corpsman. And we believe that he was transferred from another base a short time ago, possibly a couple of weeks. I do not have a lot of personal information at this time regarding the suspect. We're still speaking with military personnel.

Again, we're trying to figure out a motive. We're trying to locate this individual. We're asking of course if anyone sees him or sees the vehicle to dial 911.

BALDWIN: OK. Jim, I will let you go back and do your job. But thank you so much for hopping on TV, on the phone, Jim Amormino, Orange County Sheriff's Department.

AMORMINO: Thank you.

BALDWIN: And again that vehicle he described a white jeep with a black top, 35-inch tires, California license plate. We will stay on that story for you, of course.

Also this. Tonight, America takes the measure of Rick Perry. Guy enters the place for president, poof, he's the GOP front-runner without even breaking a sweat. Tonight, that changes. Those seven other Republicans are waiting for Rick Perry, just waiting to give him a welcome into campaign 2012.

Jim Acosta, what is Rick Perry looking at here, an initiation of sorts?

JIM ACOSTA, CNN CORRESPONDENT: Yes. You could say, Brooke, that it's fitting that this debate is happening about an hour drive from Hollywood, because this is showtime for Rick Perry. As you noted he has raced to the top of this field.

He only announced his campaign less than a month ago and already he's the front-runner without, as you said, even breaking a sweat. And so expect Rick Perry to take some attacks from all sides tonight. Mitt Romney obviously has a lot at stake because he was once the front- runner in this race.

And he has occasionally at least in sort of a not-so-subtle fashion gone after Rick Perry from time to time. But just this morning, GOP strategist Karl Rove sort of telegraphed one of the zingers that we might hear at tonight's debate. He brought up Rick Perry's controversial anti-Washington book called "Fed Up," in which the Texas governor refers to Social Security as a Ponzi scheme and Karl Rove says that could be toxic not only in a general election, but in a GOP nomination battle.

Here's what he had to say.

(BEGIN VIDEO CLIP)

KARL ROVE, FORMER SENIOR ADVISER TO PRESIDENT GEORGE W. BUSH: They are going to have to find a way to deal with these things because as you say they're toxic in a general election and they're also toxic in a Republican primary. If you say Social Security is a failure and ought to be replaced by a state-level program, then people are going to say, what do you mean by that?

(END VIDEO CLIP)

ACOSTA: And it will be interesting to see if anybody picks up on that or if folks like Mitt Romney, who has sort of shied away for the most part in going after Rick Perry at this point, if he's going to continue to try to do this sort of staying above the fray approach that he has really stuck to for the good portion of this campaign.

It's going to be interesting to watch, Brooke, as these tactics change tonight, who is going to really go after Rick Perry because it is starting to get close now. They're getting into the nitty-gritty here and the gloves-off style is only going to work for so long, Brooke.

BALDWIN: Jim, you know -- you have been covering Perry. He's been in the race for, what, less than a month. And when you look at what he's done, it's astonishing.

Take a look at this. According to this poll, this is the NBC/"Wall Street Journal" poll, he has eclipsed Mitt Romney, the former front- runner, by 13 points. There's Michele Bachmann. She's running in third. She's in single digits now.

Jim, we know Michele Bachmann, she won that straw poll back in Iowa, seemed to have things going for her. Is she the loser in all of this? Has her moment kind of come and gone?

ACOSTA: Well, it remains to be seen if her moment has come and gone.

But to be sure, if you look at these surveys and if you dig into the numbers, you will not only see that has Rick Perry has basically surged as she has plummeted, but at the same time, you peel back the layers of the onion here in the Tea Party and you will find that a lot of Tea Party supporters have basically switched from Michele Bachmann to Rick Perry.

So tonight, one of the -- one of the tests for Michele Bachmann is whether or not she can try to earn some of those voters back, try to lure some of those voters back to her side. But it's going to be a tall order. You know, Rick Perry does not have a hugely successful debating record.

He didn't debate that many times when he was running for reelection back in Texas in general election campaigns. In fact, he refused to debate his Democratic opponent, Bill White, in his last run for reelection. So it'll be interesting to see what Rick Perry does once he's put on the spot, once people like Michele Bachmann and Mitt Romney go after him. It'll be telling to see how Rick Perry handles that.

BALDWIN: You are there in California where the debate will be happening later this evening. Jim Acosta, my thanks to you.

And more on Rick Perry. How will he do tonight in the white-hot glare of the spotlight? Here he is debating last year during his reelection bid in Texas. (BEGIN VIDEO CLIP)

GOV. RICK PERRY (R-TX), PRESIDENTIAL CANDIDATE: It really wears me out that we have got two people on the stage here that want to tear Texas down when the fact is everybody understands this is a state you want to live in. We want to come here.

This state is growing by 1,000 people a day and it's not because we're overtaxing them, over-regulating, or over-litigating them. They're coming here because they know this is the place to be, the land of opportunity.

(END VIDEO CLIP)

BALDWIN: OK. And we're going to talk to someone who has been covering Governor Perry for years and years, Wayne Slater of "The Dallas Morning News." We will see what he thinks, how he thinks he will do tonight in just a moment here.

But still ahead, his daughter is convicted of murder, serving time inside an Italian prison, but Amanda Knox's father hoping she will soon go free as the court take a closer look at some of that evidence. I will speak with him live.

Also, the 911 call from the deadly shooting at the IHOP restaurant in Carson City, Nevada. You can hear the actual shots in the background of the call. And it comes as we learn which National Guard members were killed in that attack.

Stay right there.

(COMMERCIAL BREAK)

BALDWIN: Before we take you back out to California, let's go to Wall Street, trading day now over. I see a lot of green over my shoulder. That tells me it's been a good day.

Alison Kosik, how good of a day has it been?

ALISON KOSIK, CNN CORRESPONDENT: Well, it's good that the bulls took charge today, Brooke, the Dow up 275 points. We definitely needed that after, gosh, the Dow tumbled 474 points over the past three sessions.

So, sure, it gained about half of what it lost.

There was some good news out of Europe and its debt crisis. We had investors bargain hunting, and almost some anticipation ahead of President Obama's jobs speech tomorrow. Everybody's looking to see if he's going to have anything new to say about how to rise up this very downbeat jobs market -- Brooke.

BALDWIN: Let's talk, Alison, about the middle class. I know that they're getting whittled down. At least that's according to this new study.

KOSIK: It is. This study asked middle class Americans, you know, what is the American dream? What do you consider the American dream?

And you know what it is? They want to see their kids better off financially than them, than their parents. But what this Pew study found is it's not happening that way for many people.

Look a this survey of middle class adults. It found that 28 percent financially slipped out of the middle class, going straight into the lower class. Another percentage saw their ranking fall significantly, compared to their parents. And 19 percent had their income at least 20 percent less than their parents.

A few main factors here as to why this is happening. Marital status, it plays a big role here. People who are divorced, single, or widowed are more likely to fall down that income ladder compared to married people.

Your education level, that also matters, big time. A college degree, it could help you stay in the middle class.

And then drug use. That actually factors in, in a big way, as well. So, people who use drugs are more likely to fall in their income, as well.

So, you know what all this says? It says that that American dream, Brooke, it's far from a sure thing anymore. Kind of depressing, if you ask me.

BALDWIN: It is just a little bit, isn't it? Alison Kosik, thank you very much there from the New York Stock Exchange.

And let's go back to Rick Perry, shall we, and tonight's GOP debate?

Joining me now, Wayne Slater of "The Dallas Morning News." And, you know, when it comes to Rick Perry, this guy here knows pretty much everything. Everything.

Wayne Slater, how is the governor going to do tonight?

WAYNE SLATER, "THE DALLAS MORNING NEWS": You know, I think he's going to do OK. Basically, he came out of a rather rambunctious rollout, calling Bernanke a treasonous guy, and defending Social Security as a Ponzi scheme that's illegal.

And I think on the inside of his campaign, his campaign operatives said, you need to tone down the cowboy a little bit. So I think he wants to look a little more presidential tonight, but his instinct will be to fight. If he's punched, if Mitt Romney punches at him, indirectly or directly, look for Rick Perry to punch back.

BALDWIN: That's interesting, tone down the cowboy, huh?

I know that Perry's fellow Texan, Ron Paul, is calling him out on this TV ad. Let's watch just a snippet of it.

(BEGIN VIDEO CLIP) UNIDENTIFIED MALE: Rick Perry helped lead Al Gore's campaign to undo the Reagan revolution, fighting to elect Al Gore president of the United States.

(END VIDEO CLIP)

BALDWIN: So hang on a second. Rick Perry supported Al Gore for president?

SLATER: He did. He endorsed Al Gore. He showed up at a news conference in 1988 for Al Gore with some other legislators.

He worked as a region for Al Gore, and he traveled Texas, urging voters to vote for Al Gore. But remember, Al Gore was the southern conservative alternative -- Rick Perry was a Democrat at the time -- to Mike Dukakis. And so, in a sense, Perry was part of the Democrat and Republican conservative wing of Texas politics, looking for somewhat more conservative.

Now, shortly after that '88 race, Rick Perry, of course, switched to the Republican Party, where he's been all this time.

BALDWIN: I hear, Wayne, that there's a saying in Texas that goes like this: "All hat, no cattle." Will America learn tonight that Rick Perry, that he has substance, there's some maybe cattle behind that cowboy hat and boots?

SLATER: Yes. I think, basically, in the Perry case, it's all hair and no cattle, is what some folks might say.

I think people will learn a little bit about Rick Perry. Ultimately, his goal is to do two things -- show himself to be a fighter, show himself to be worthy of getting in the ring with Barack Obama, because that's what the Tea Party and the right of the Republican base wants. They want a candidate who will fight, so he has to show that.

Secondly, all he really has to do is emphasize jobs. This election is about the economy, it's about jobs. He's got a good story to tell on that. If he stays with that, if his opponents don't pull him away too much, then I think he'll have a good night.

BALDWIN: It'll be the first time we'll be seeing both Rick Perry, Mitt Romney, and the others, you know, on the stage together. We'll be watching, I know you will closely.

Wayne Slater, thank you very much.

Now to this just in, actually, to us here at CNN. We're getting some new information, speaking about jobs, on President Obama's jobs plan, the one he will be revealing tomorrow night, and the plan seems to target three specific areas.

Our senior White House correspondent, Jessica Yellin, she's all over this one, breaking some news for us today. We'll go to Jessica, next.

(COMMERCIAL BREAK) BALDWIN: You know, we keep talking about jobs. Lawmakers are talking about jobs. And you know tomorrow is the jobs speech, the one that the president has promised his plan to put America back to work to the joint session of Congress.

Jessica Yellin continues to pry out those details from her sources of the president's jobs plan. She's got some new information for us right now.

Jessica, fill me in.

JESSICA YELLIN, CNN CHIEF WHITE HOUSE CORRESPONDENT: Hey, Brooke.

So, according to multiple Democratic sources, I'm told the working figure in the draft version is around $300 billion total for this package, give or take, and that the biggest ticket item is an extension of that two percent payroll tax cut that goes to employees, that gives your average employee $1,000 back out of their taxes.

And then another big-ticket item, I'm told, a working number of around $50 billion for an extension of unemployment insurance. Added in there will be some new components to unemployment insurance, ways to get, for example, the long-term unemployed into the workplace, tax credits to encourage the hiring of the long-term unemployed.

There are also, I'm told, likely to be tens of billions of dollars for road infrastructure improvements, tens of billions of dollars to clean up dilapidated schools. We reported this before. They see it as a good way to get laborers into schools, to get them working, and also to help schools function better, quickly.

And also, many billions of dollars in aid to both teachers and to first responders. So that would be aid to states. And, you know, states is one of the first places that you see unemployment become a big problem.

I'm told there'll be an array of different tax credits to encourage businesses, Brooke, finally, to get the chronically unemployed back to work. We're talking about seniors, veterans, and low-skilled workers.

Of course, all of this could still change between now and then. That's a lifetime in speechwriting and legislation, but this is the guidance I'm getting.

BALDWIN: OK. That's the guidance thus far.

We know we heard the president in Detroit on Monday, on Labor Day. And we noticed something in his speech there. Here he is. He was referring to the Republicans.

(BEGIN VIDEO CLIP)

BARACK OBAMA, PRESIDENT OF THE UNITED STATES: You say you're the party of tax cuts? Well, then prove you'll fight just as hard for tax cuts for middle class families as you do for oil companies and the most affluent Americans. Show us what you've got. (END VIDEO CLIP)

BALDWIN: So, Jessica Yellin, this is obviously a jobs speech, but there's no denying there's a political component here, as well.

YELLIN: Absolutely. And they haven't been shy about that.

I mean, look, this is a new phase, and the president is making it clear that he is pressing Congress, and not just Congress, but the House Republicans, to pass this jobs plan. And you can expect -- we know that he's going to hit the road making the case to the American people that this is, in his view, the way to get jobs going. And in his -- if they don't, you can expect him to spend the next months, even the election year, campaigning against, in essence, a do-nothing Congress.

You know, he campaigned against Washington as a candidate in 2008. We could se him campaign as the president who tried to get Washington to work and is still fighting that fight, for example -- Brooke.

BALDWIN: OK. Jessica Yellin, our senior White House correspondent.

Jessica, thanks so much.

Coming up next, Amanda Knox's father joins me live. His daughter, in prison for murder, but her lawyers are protesting how investigators handled the evidence. And Curt Knox is hoping she could soon go free, maybe even as early as next month.

He's standing by for me. I'll ask him how Amanda Knox is reacting to this news.

Don't miss this.

(COMMERCIAL BREAK)

BALDWIN: The American college student appealing her murder conviction in Italy got some good news today. The DNA used to convict Amanda Knox in the murder of her British roommate back in 2007 may have been contaminated. And today, an Italian judge denied the prosecution's request for new DNA tests.

In court for today's proceedings, Amanda's father, Curt Knox. And he joins me now live from Perugia, Italy.

Mr. Knox, let me just get your initial reaction here to the judge's decision, no new DNA testing can be done. Your reaction? And what does this mean for your daughter's appeal?

CURT KNOX, AMANDA KNOX'S FATHER: Well, first of all, it was very good news for Amanda. And I think, really, it shows that the court asked for an independent review of the forensic evidence. And it came back very favorable towards Amanda, which is what we were expecting based on what our defense experts had been telling us. So I think it's hopefully a step that will allow her to come home by the end of the month. BALDWIN: The judge also said no to questioning the independent witnesses in the DNA. I know you've been in touch with your daughter. How is she reacting to this? How is she handling this?

KNOX: Well, she's handling it kind of a step at a time. Even during the first trial during the closing arguments, it was crystal clear to us she had nothing to do with us. And then to have it go wrong with the guilty verdict, she's kind of taking it step by step. But it was definitely a move in a positive direction. We're going to get a chance to see her on visitation on Friday. So I'll get a better idea of how she's doing.

BALDWIN: The last time you spoke with her, what did she say to you? Did she say the words "I'm coming home? I feel great?" Or she's a little bit more pessimistic?

KNOX: You know, she's not pessimistic by any means, but she's also not saying, you know, "I'm coming home." It's, you know, it was a good day today. It was a step in the right direction, and we get a chance to hug each other and tell each other that we love her after court is over for just a very few seconds. And so those are very precious moments. And she's very hopeful, and the light's on at the end of the tunnel for her.

BALDWIN: I want to read you a comment the prosecutor made to the British newspaper "The Telegraph." They say "There was an ill wind blowing in this case. The judge and his assistant are clearly against us. I can see both Knox and Sollecito being freed, which will be a shame as they are both involved." What's your reaction to that?

KNOX: Well, I think it's a comment that should not have been made. You have to understand that in the very first trial the experts for the prosecution were on one side of the coin and the experts for the defense were on the very other end of the coin, and they were totally different.

And during the first trial, an independent review was not allowed. And during the appeals trial, the court decided on its own to allow an independent review of the forensic evidence. And that forensic evidence and that review came back with just a terrible, you know, response in how this was handled. So I think those comments are more out of desperation than based upon evidence.

BALDWIN: Final question to you there in italy. I know you said you'll be talking to Amanda, you'll be seeing her on Friday. But as far as the Italian justice system overall, truly, how optimistic are you that your daughter will walk free?

KNOX: Well, you know, what's very interesting and very different about the Italian justice system versus the United States is at the appeals level, you can actually have new evidence brought forth and new witnesses brought in that can provide new input versus say in the United States just rules of law reviewed at the appeals level.

So from that standpoint, it really gives Amanda a great opportunity to have the truth come out. And she's not afraid of the truth. And the truth is going to let her come home. So I think it's a very good circumstance from that point of view.

BALDWIN: How soon could you know if she does get to come home?

KNOX: I'm hoping, you know, by the end of the month or the very first week within the month of October we'll have a decision. And, you know, that'll be -- hopefully it'll go in the right direction and allow her to come home. And it'll be a very good time at that stage.

BALDWIN: Curt Knox, father of Amanda Knox live in Perugia, thank you very much for talking to me. Appreciate it.

In the middle of breakfast inside a crowded restaurant, a man pulls the trigger, kills multiple people, including members of the National Guard. We are now hearing this eerie 911 call learning who was killed in this senseless attack. That's next.

(COMMERCIAL BREAK)

BALDWIN: More and more eye witnesses are coming forward to tell what they saw during that mass shooting in a Nevada I-HOP. And the first 911 calls received during the shooting in Carson City are now being released. Five people have died, three of them were members of the National Guard. I'm going to play one of the calls for you and listen, because half way through you'll hear the gun shots in the background.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: 911, what's your emergency?

UNIDENTIFIED MALE: It's I-HOP, there's a shooting going on, multiple shooting.

UNIDENTIFIED FEMALE: Where?

UNIDENTIFIED MALE: In the I-HOP.

UNIDENTIFIED FEMALE: In the I-HOP?

UNIDENTIFIED MALE: In the I-HOP, automatic weapons. Get there right now, automatic weapons.

UNIDENTIFIED FEMALE: How many?

UNIDENTIFIED MALE: I don't know. One guy going in, now he's coming back out with a gun. He's shooting people in the parking lot. It's an automatic weapon.

UNIDENTIFIED FEMALE: We're on the way.

UNIDENTIFIED MALE: No!

(GUNFIRE)

UNIDENTIFIED MALE: He's shooting at us now! He's shooting at us with an automatic weapon. UNIDENTIFIED FEMALE: Automatic weapon like longs weapons?

UNIDENTIFIED MALE: He's shooting everybody.

UNIDENTIFIED FEMALE: Is he white, Hispanic, black?

UNIDENTIFIED MALE: I don't know. He's got a red shirt. He's shooting in a restaurant.

UNIDENTIFIED FEMALE: We're on the way, all right?

(END VIDEO CLIP)

BALDWIN: Before the shooting stopped, we mentioned five people died, 11 in total were hit. Among the dead, shooting suspect 32-year-old Eduardo Sencion, who police say ultimately committed suicide. Last hour I spoke with an eyewitness, a man by the name of Howard MacDonald, who was in that restaurant with his family, his wife, daughter, his grandkids ordering breakfast when the shooting started.

(BEGIN VIDEO CLIP)

HOWARD MACDONALD, ESCAPED I-HOP DURING SHOOTING: Well, we were sitting there eating breakfast and we were waiting for our second granddaughter to come in with other great grand kids. And we decided to go ahead and have our menu taken, and so she took our order.

And just about the time she took our order we heard the pop, pop, pop, pop. And all of a sudden I saw my wife getting underneath the table and my daughter had called her, mom, get underneath the table. So I got underneath the table with them. And the shooting stopped at that time. So I got up and wanted to help my wife out of the building because somebody from one of the other tables from charter communications had opened the back door and said everybody out, everybody out.

So I went on out. Other people were running around trying to help and at that point in time, I decided to go on out, which I did, and I got across the street. And my wife has heart problems, and she got over there and I followed her and she says, oh, I forgot my purse and I need my medication. And I said I'll go back over there and get your purse, which I did.

BALDWIN: You went back in the restaurant?

MACDONALD: I went back in the restaurant, got her purse and got my wife's shoes and got my daughter's shoes and walked back out. And then that was the end of it for right then.

BALDWIN: Where did the gunman go? Did you see where he left?

MACDONALD: I assume he went to the front of the building. And at that point in time, he probably went out because he probably saw all the sheriffs were coming. And so I guess he must have gone outside and then turned the gun on himself.

BALDWIN: That's right. Howard, how is your family holding up?

MACDONALD: Well, my wife's had a real tough time. I kind of had to hold her tight all night long while she slept because she was shaking and all she could hear was those gunshot wounds, you know, going off all the time.

(END VIDEO CLIP)

BALDWIN: Following yesterday's shooting, people who are in the National Guard in Nevada have now been ordered not to wear the uniforms in public.

Still ahead, police found her body stuffed behind a wall just days before her wedding on the campus of Yale University. Now her family is suing the school arguing her death could have been prevented.

Plus, police call it a suicide at a CEO's mansion, but the new medical report shows some eyebrow-raising discoveries, including something found in this woman's head and in her mouth. Sunny Hostin's on the case. She's next.

(COMMERCIAL BREAK)

BALDWIN: The family of a murdered Yale student is now suing the university. Annie Lei was murdered two years ago by a Yale lab technician. He pleaded guilty. Ultimately he was sentenced to 44 years in prison. But now Lei's family said Yale has not done enough to prevent crimes against women. Sunny Hostin is on the case for us today. And Sunny, this is two years later here. We know the why, but why now?

SUNNY HOSTIN, LEGAL CONTRIBUTOR, "IN SESSION": You know, I think it's clear that they feel Yale could've done more to prevent their daughter's death. I don't know if I agree with that, Brooke. I don't know if that is true. But it sounds like in this case this is a send- a-message lawsuit. They want something to be done.

And we all know that, you know, Yale has had a problem in terms of claims of sexual harassment, the campus not doing enough to protect women from sexual assault and sexual harassment. But I've got to tell you, I'm not sure that their suit will be successful because if you listen to what Yale did say in response to the suit is that there's no basis here because we couldn't have done anything different. And that really would be a defense to their claims.

BALDWIN: Let me jump in because to that point they say, quote, "it had no information Raymond Clark could commit this crime."

So the question is, can the university -- could a company for that matter be held responsible if an employee with no prior criminal record commits a crime?

HOSTIN: Generally, no, especially if they've done their part in terms of screening, asking the appropriate questions, having sort of policies in place where if this woman had been harassed or abused by her co-worker and had she reported it to Yale and had they not done anything then absolutely a company could be held responsible with those sets of facts.

But that is not my understanding of what happened here. So this is going to be a difficult lawsuit for the family. But again, I think it's one of those send the message lawsuits. Yale, you've got to be a good corporate citizen, you've got to do more.

BALDWIN: OK, case number two, what we're hearing more about that California mansion mystery out of San Diego raising more questions than answers.

The story was this, the millionaire's girlfriend here found hanging naked and bound from a balcony. This was back in July. This is days after his son apparently accidentally fell down some stairs, he died.

Police we now know, Sunny, this was absolutely suicide. But the medical report says this girlfriend had minor bruises to her scalp. There was blood in her thighs, and a t-shirt wrapped around her neck also stuffed in her mouth. When you hear these details, what's your read?

HOSTIN: You know, it sounds odd to me. I've got to tell you. Typically, when people are going to commit suicide, there's a suicide note found. The circumstances are just a bit awry here, they're odd.

Now the coroner doesn't necessarily work with the law enforcement, it's an independent office, the office of the medical examiner. So it's quite possible that law enforcement is going to maybe look into this a bit further.

But it does appear to me to be suspicious. And in cases like this, Brooke, investigations are ongoing. We may be hearing more about this case.

BALDWIN: So the family of this girlfriend, they say, yes, this was a case of a homicide. They don't believe investigators have the true and complete story. Is there a way for them to proceed with the case even though the police have thus far said no foul play?

HOSTIN: Yes, that's a tough call. As certainly if a family has the resources to hire a private investigator, we've heard of that before to ask other law enforcement authorities to get involved to try to help solve this mystery.

There are other avenues at, you know, families' disposal to try to push the ball forward. But I think it's going to be very difficult considering, as you mentioned, that this investigation, according to the sheriff's department is closed.

BALDWIN: Sunny Hostin on the case, thank you, ma'am, very much. I want to stay in California, get more news for you on our breaking story out of Orange County.

That bomb threat that a school in Orange County today students they've been evacuated. This man hunt is underway for a missing member of the military. We now know who he is and what police are asking the public to look for. That's next. (COMMERCIAL BREAK)

BALDWIN: I want to bring you up to speed as to what we've learned here in our breaking story in Orange County, California. San Clemente High School still in lockdown mode after this bomb threat is being investigated at this California high school.

This is the first day back to school, this threat being taken very seriously. It's a huge school, 3,200 students, 180 faculty members all evacuated. They were taken to the football field. They were then taken to the gym.

Here's what I learned from the Orange County Sheriff's Department. There is a Navy medic who went missing from Camp Pendleton, which apparently is just a couple miles away from this high school.

And according to the sheriff's department, he left writings, he left notes, which then led the military their there at Camp Pendleton to reach out to the Orange County sheriff's office, which then led them to reaching out to the high school and evacuating these students as they're undergoing this massive sweep there on campus.

Here is this missing medic. He is 22-year-old Daniel Morgan. They're looking for his vehicle. If you're in the area, look for a white jeep with a black top, California license plate 6NKZ930.

According to the sheriff's department official I talked to on TV, he could've had access to explosives, recently transferred to Camp Pendleton. I asked if there was any kind of connection between this individual and this high school.

He didn't know of one. To his best -- best information, he did not attend this high school, still no motive at this time. We're working this story. We'll pass along more information as soon as we get it.

Next, though, "THE SITUATION ROOM" coming up here in eight minutes time. Let's get a quick preview from Mr. Blitzer. Wolf, who do you have on the show today?

WOLF BLITZER, THE SITUATION ROOM: We've got a lot going on. One of the world's great experts on the Middle East is joining us. He's got provocative some new thoughts about what's going on, Brooke, in both Libya as well as Syria.

Our colleague, the editor of "Time" magazine, our sister publication will be joining us with some never before seen still photos of 9/11, of the World Trade Center, the area in New York City, our viewers are going to be interested in seeing these new pictures that have never been seen before.

Also, the chair of the Senate Intelligence Committee Dianne Feinstein on what's going on right now, how worried should we be in advance of the 10th anniversary of 9/11? Will there be an effort by al Qaeda, Al Qaeda supporters, so-called lone wolves to seek revenge for the killing of Bin Laden?

All that, Brooke and a lot more coming up, you know where, right here on "THE SITUATION ROOM" starts in a few minutes.

BALDWIN: Wolf, thank you very much. I just got some news in my ear while you were talking.

We have now just learned that 22-year-old missing medic from Camp Pendleton according to the military. He turned himself in within the last hour there. Within the last hour, Daniel Morgan turning himself in. I'm sure, Wolf, we'll have more on that story at Orange County.

Moving on, though, President Obama, did you know he's hosting a NASCAR event? Hosting some of the drivers at the White House, but not every driver accepted the invitation to 1600 Pennsylvania Avenue today. Find out who's not there and why.

Joe Johns has been digging on this one for us today. He's got the scoop in "Political Pop." He is next. Also, you see it every year right around Christmas, the Kennedy Center honoring five big stars as they sit in the balcony near the president. Well, now we know who is being honored this year. You will find out next.

(COMMERCIAL BREAK)

BALDWIN: What do Oprah Winfrey, Paul McCartney, Bruce Springsteen, Robert De Niro all have in common? They're all Kennedy Center honorees.

And this year's artist has just been announced, the 34th Annual honorees include singer, Barbara Cook, singer/songwriter, Neal Diamond, saxophonist and composer, Sonny Rolands and actress Meryl Streep.

The annual honor is awarded to an individual for the exemplary lifetime contributions to cultural life. This year's awards will be broadcast from the Kennedy Center Sunday, December 4th.

And at this very moment, NASCAR drivers are taking a pit stop. My NASCAR humor with the president at the White House and there may be a controversy brewing.

Joe Johns has the story today in the "Political Pop." So what is the story? Some said yes, some said --

JOE JOHNS, CNN SENIOR CORRESPONDENT: Right. No. Some said no, and that's the problem. I mean, this is one of those White House events that was destined to not come off as planned. It was supposed to be in the Rose Garden, but there's been so much rain here in Washington, D.C., there you see it.

They actually had to move hit inside the east room, and then there were the drivers, not all of whom were supposed to be there, Brooke. The White House invited the 2010 chase for the NASCAR Sprint Cup drivers to the White House.

These are the 12 drivers who sort of made it to the playoffs, if you will, in NASCAR, big honor. The White House hasn't gotten back to us. We've called to ask a little bit more about this. But what we can tell you is that these drivers were invited here because they were supposed to be in Richmond, Virginia, over the weekend for a race.

They're going to close to Washington, D.C. and a bunch of them -- actually there at the White House, at least seven or eight we know. There are a total 12 supposed to be there. The best list we've gotten so far of the guys showing up includes Jeff Gordon, Kyle Busch, Danny Hamlin, Jeff Burton, Clinton Boyer, along with Jimmie Johnson, but a number of them have gotten dinged for not being able to make it.

We're not sure how many, but they've got a lot of questions. There are the guys who are not attending. Some of the questions they've gotten on social media. Whether this was a snub or if they're not showing up had some political overtones to it.

Had something to do with the president's popularity and, you know, a couple of the drivers have actually gone on the offensive, and they've said that's not true. Go ahead.

BALDWIN: Well, define, I guess, the snub or rejecting the White House's offer. Does that mean I can't go, I'd like to go, not really, I'm not a big fan of the president, or I can't scheduling. Read between the lines.

JOHNS: Nobody has said I didn't want to go because I don't like the president. But the best description or explanation we've gotten among the no-show drivers is Greg Biffle. He basically said the controversy was disgusting.

He said the only reason he's not there is because of scheduling, pointed out he got the invite just a couple of weeks ago. And he's got a function that he says he's obligated to be at with 3M in Minnesota, they've planned this for nine months, annual thing.

There'd been over 100 something business people and customers supposed to be there. So at the end of the day, this is a deal where they're in a sport where you've got to have sponsors, the sponsors spend money, and I think people in politics understand what you've got to do when you have sponsors.

BALDWIN: I see. I see. Joe Johns, thank you very much. That's your "Political Pop for this -- what's today, Wednesday? I'm losing my mind today. Joe Johns, thank you very much. That's it for me. Let's go to Wolf Blitzer, "THE SITUATION ROOM" starts right now.