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Supreme Court to Rule on Obamacare; Thousands Flee from Colorado Fires; Debby Floods and Leaves; PNC Bank Agrees to Pay $90,000,000; House to Vote on Holder Contempt Charge; Remembering Nora Ephron; NBC "Today" Show Switching Hosts; 100-Degree Temps Hit much of U.S.; Supreme Court to Rule on Health Car Thursday
Aired June 27, 2012 - 09:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
CAROL COSTELLO, CNN ANCHOR: Hi, Soledad.
Happening right now in the NEWSROOM, flames and fury. Winds almost at hurricane force blowing the blazes. Entire neighborhoods are on fire. Thirty thousand people fleeing their homes. This morning, the blue skies of Colorado thick with white smoke.
Payback. Major American banks forced to pay up after being accused of charging you excessive overdraft fees. What's ahead and what you can expect your bank to do about it.
Thanks but no thanks. Claire McCaskill, the latest and biggest name in a string of Democrats not packing their bags for Charlotte. She's staying away from the Democratic convention saying she wants to campaign instead.
Relief. We're marking a milestone this morning. At least one state seeing gas prices fall below three bucks a gallon. The plunging prices at the pump welcome news for those of you hitting the road for July 4th.
Plus, this.
(BEGIN VIDEO CLIP)
MEG RYAN, ACTRESS: Yes, yes, yes.
UNIDENTIFIED FEMALE: I'll have what she's having.
(END VIDEO CLIP)
COSTELLO: I bet that woke you up this morning. It has to be the scene from the 1989 classic "When Harry Met Sally." Director, writer, master of movie magic, Norah Ephron, being remembered this morning for her iconic motion pictures. "Sleepless in Seattle," "You've Got Mail." Grab some popcorn, we're going to -- we're going back to the movies this Wednesday morning in honor of Nora.
NEWSROOM begins right now.
And good morning to you. I'm Carol Costello. Thank you so much for joining us. We begin in Washington at the U.S. Supreme Court. A history-making decision over President Obama's health care law will come down tomorrow. But whatever the court decides, the issue is already shaping both campaigns.
(BEGIN VIDEO CLIP)
BARACK OBAMA, PRESIDENT OF THE UNITED STATES: It's the right thing to do to give seniors discounts on their prescription drugs. It's the right thing to do to give 30 million Americans health insurance that didn't have it before.
SEN. JOHN BARRASSO (R), WYOMING: No matter what the Supreme Court does on Thursday, this law, as written, 2700 pages long, is still a law that is bad for patients. It is bad for the nurses and the doctors who take care of those patients. And it's terrible for taxpayers.
(END VIDEO CLIP)
COSTELLO: The Supreme Court could rule in a number of ways. It could rule the whole thing unconstitutional or it could rule parts of the law are in violation of the Constitution. Of course, whatever the court rules, many Americans will not be happy. We're going to talk more about that in just five minutes.
The other big story this morning is coming out of Colorado. And the pictures are heart-wrenching. Right now, the sun is coming up, but it's been another sleepless night for exhausted firefighters and the thousands of homeowners in harm's way.
Just look at these pictures. Several fires are burning across the entire state, but the most ferocious is around Waldo Canyon, that's north of Colorado Springs. The fast-moving flames are sweeping toward -- or dense subdivisions and chasing some 32,000 people from their homes.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: We need them to leave when we ask them to leave.
UNIDENTIFIED MALE: Just banging on my window.
UNIDENTIFIED FEMALE: He was asleep, so I pounded on his door to get him out.
UNIDENTIFIED MALE: It's pretty scary. I mean it's right there.
UNIDENTIFIED FEMALE: Orange. A lot of orange.
UNIDENTIFIED MALE: We looked at the fumes coming down. She's backing down the hill, which is not what we normally see in fire behavior.
UNIDENTIFIED MALE: It's time to go.
UNIDENTIFIED FEMALE: I'm a good (INAUDIBLE).
UNIDENTIFIED MALE: All these fine people came to help me.
(END VIDEO CLIP)
COSTELLO: We have Sunny Smaldino from the Colorado Springs Fire Department on the line.
Good morning.
SUNNY SMALDINO, COLORADO SPRINGS FIRE DEPARTMENT: Good morning.
COSTELLO: This fire is being described as an inferno that cannot be controlled. What's your description of this fire?
SMALDINO: It's horrific and terrifying and all those things that, you know, we firefighters just dread seeing, especially to our hometown. And it's just one of those tragic moments for our city and our community.
COSTELLO: Do you have enough firefighters on the frontlines?
SMALDINO: You know, at this time we do. More are on their way. We're very grateful that we've got all of our partners here in Colorado stepping up to come help us. And really just participate in helping our community, you know, rebuild after this, and we're looking to the future to make sure that we can take care of it, control it, and not let it damage any more homes.
COSTELLO: We look at the pictures of the fires burning. But I -- but I don't think many people really understand what's happening in Colorado. Near Colorado Springs. How has this affected your community?
SMALDINO: Well, this area that we're in is an extremely dense area that just came right over that mountain. And as you said, 32,000 people have been evacuated. And it's just, you know, one of our worst scenarios in our city to have that many homes affected.
COSTELLO: Is there anything that we can do to help?
SMALDINO: Well, right now, we're asking anybody who would like to help to donate to the Red Cross. And that would -- that'll help all of the families that are going to be in need. Just be there in support. And, you know, we have an amazing community that's rallying together for those people. We'll know more this morning at 8:00 after our command post is able to do a better assessment of the area and what was actually affected.
COSTELLO: Sunny Smaldino from the Colorado Springs Fire Department. Thanks so much for joining us this morning.
SMALDINO: Thank you.
COSTELLO: In Florida, the rain is gone for the floodwaters are not. Debby has now weakened into a tropical depression, but only after dumping two feet of rain in some areas and leaving entire towns awash in knee-deep water.
George Howell is in the Panhandle, just south of Tallahassee. And give us the damage assessment.
GEORGE HOWELL, CNN CORRESPONDENT: Well, we are seeing the sun today, Carol, so that is good. Anytime, always welcome. But here's what residents are dealing with. Flooding still the issue. Look at this house. Now you see what used to be a front yard. Now it's a small lake. And that's what you see across Wakulla County. One of the hardest counties hit. And we spent some time with residents going through their neighborhoods seeing their homes for the first time.
(BEGIN VIDEOTAPE)
LARRY PESEK, FLOOD EVACUEE: It's your own place, you know, of course that's a little different.
HOWELL (voice-over): Dodging power lines and low-hanging branches, we took a boat ride with Larry and Crystal Pesek as emergency crews took them through what used to be their neighborhood.
CRYSTAL PESEK, FLOOD EVACUEE: It's our road that leads to -- to Seminole Lane.
L. PESEK: I just can't believe the current through here. I mean the current is really -- it's ripping.
HOWELL: After passing several homes --
C. PESEK: Should be down, just down here on the left somewhere. I don't recognize anything now.
HOWELL: The reality of what's left became painfully apparent.
C. PESEK: That's our house there.
HOWELL: The Peseks evacuated, but officials in Wakulla County say crews had to rescue dozens from their homes.
MAJ. MAURICE LANGSTON, WAKULLA COUNTY SHERIFF'S OFFICER: The amount of rain we had, the water levels came up so fast some folks didn't have time to actually pack their things and move out so they're having to do with (INAUDIBLE).
HOWELL: Across Florida, people are returning to their homes to find out what, if anything, is salvageable.
Debby made landfall late Tuesday and is headed for the Atlantic, but not before the storm drops another four to eight inches of rain on top of the two feet that's already fallen in some places. The water rose to the second floor in some homes, but the Peseks are determined to start over, though they can't help but look back a little regretfully at all the hours they put into their house that they now have to rebuild.
L. PESEK: We're safe. C. PESEK: God will get us through it.
L. PESEK: Yes.
(END VIDEOTAPE)
HOWELL: Carol, back live here in Florida. You see this home, all the water around it. One big concern people have as they wait for these floodwaters to recede, snakes, alligators. You know, there is so much water that came in and just washed all of these different things up that you'd run off -- run into in the woods. That is a concern.
The governor has declared a state of emergency. And we know that FEMA officials, they are on the ground here in the state to help people who are affected by the floods.
COSTELLO: Poor Peskas (sic). My heart goes out to them.
George Howell, thanks so much.
As of this moment, it looks like there will be no 11th hour compromise to head off tomorrow's House vote on Attorney General Eric Holder. Republican lawmakers there will decide whether to hold the attorney general in contempt of Congress for not turning over documents in the botched "Fast and Furious" gun sting.
Some civil rights activists say racism is at least partially behind this unprecedented move.
(BEGIN VIDEO CLIP)
REVEREND AL SHARPTON, PRESIDENT, NATIONAL ACTION NETWORK: This reckless and morally reprehensible act that is being proposed on Thursday is certainly engineered and motivated by politics and not law.
SEN. JOHN CORNYN (R), TEXAS: What we want to do is have the administration sit down and cooperate with Congress, like the Constitution provides for, in a legitimate investigation into the operation of not only our national security apparatus but also law enforcement investigations like "Operation Fast and Furious."
(END VIDEO CLIP)
COSTELLO: Some Democrats are hinting members their own party could cross party lines and also vote in support of contempt charges. Several Democrats cite pressure from the National Rifle Association.
New York Congressman Charlie Rangel has passed a big test in winning a 22nd term to the House. The iconic Democrat won his party's primary last night despite changing demographics and the humiliating censure on the House floor two years ago. His supporters shrugged off those ethical violations.
(BEGIN VIDEO CLIP) UNIDENTIFIED FEMALE: I voted because it was important to me, and I think it's important to the community.
ADRIANO ESPAILLAT (D), PRIMARY CHALLENGER: When he first got there, Nixon was the president. Joe Namath was playing for the Jets. And the -- then Mets won their first championship. That was a long time ago. And things are different now. Our set of goals and challenges are vastly different.
(END VIDEO CLIP)
COSTELLO: Among Rangel's ethics abuses, filing misleading financial reports and not paying taxes on a rental unit in the Caribbean.
Another longtime lawmaker also celebrating the backing of his party this morning. Senator Orrin Hatch has won his Republican primary in Utah. He faced an opponent who tried to frame the fight as the Tea Party versus the establishment. Hatch will now face a Democrat for a seventh term in office.
A little more than 24 hours from now, the Supreme Court is expected to hand down one of its most important decisions in years. Justices will rule on the health care law. And whether the government can force you to buy health insurance. It is a momentous decision that could impact everything from your health to the presidential election.
(BEGIN VIDEO CLIP)
OBAMA: The American people understand that we're not going to make progress by going backwards. We need to go forwards. They understand we don't need to refight this battle over health care. It's the right thing to do, that we've got three million young people who are on their parents' health insurance plans that didn't have it before. It's the right thing to do to give seniors discounts on their prescription drugs. It's the right thing to do to give 30 million Americans health insurance that didn't have it before.
ROMNEY: As you know, the Supreme Court is going to be dealing with whether or not Obamacare is constitutional. And if it's not, if Obamacare is not deemed constitutional, then the first 3 1/2 years of this president's term will have been wasted on something that has not helped the American people.
If it's not -- if it is deemed to stand, then I'll tell you one thing, we're going to have to have a president, and I'm that one, that's going to get rid of Obamacare. We're going to stop it on day one.
(END VIDEO CLIP)
COSTELLO: Let's turn to Susan Bloch, a professor of constitutional law at Georgetown Law -- at Georgetown Law School.
Welcome, Susan. PROF. SUSAN BLOCH, GEORGETOWN LAW SCHOOL: Hi, Carol.
COSTELLO: Thanks for being here. Bloomberg had a poll of constitutional lawyers just like you. Most of them say that Obama care is constitutional. If that's true, why are the Supreme Court justices waiting until the end of their -- end of their session to tell us what they've decided?
BLOCH: Well, they only argued it at the end of March, so this kind of turn-around is not long. It's a very complicated issue. It's not clear-cut, even though the polls may suggest that. I -- it's going to be a very close question. So there are going to be a lot of opinions. It's a landmark decision, whichever way it goes, so they have to take their time. They probably would like a little more time.
(LAUGHTER)
COSTELLO: Maybe so. Any guesses as to which way they might rule?
BLOCH: Well, yes. I have a guess.
(LAUGHTER)
BLOCH: I think that -- I think they're likely to uphold the law, but I do think it will be very close. I think the mandate is, you know,, obviously the controversial part. But it's basically telling people you have to contribute to your health care, whether you're going to need it, whether you want it or not. So --
COSTELLO: Well, a lot of American think that --
BLOCH: We're trying to avoid the free riders.
COSTELLO: Right. A lot of Americans think that forcing Americans to buy insurance is unconstitutional because, you know, I don't need insurance when I'm young, 26, healthy. Why should I have to buy it?
BLOCH: Right. You know, that's -- I mean that is a good question. But it's the same kind of system as something like Medicare or Social Security. It's -- that is what insurance is. You pay in. And then it's there for you if and when you need it.
COSTELLO: Well, let's talk about whether -- you know, you mentioned it could be and probably will be a close decision. Many Americans think that the Supreme Court is filled with partisan hacks anyway. So if it comes down to a highly political 5-4 decision, will that do lasting harm to the court as far as how the public views it?
BLOCH: Well, they're not political hacks. And I don't think the public really sees it that way. But I agree with you that there's a threat here to the reputation of the court. And the court is aware of that. It's very sensitive to it. It doesn't decide these things on the basis of politics. But it's also careful when it's doing it to not look like it's doing it on politics. So I think -- COSTELLO: But if it's a split decision, how can they avoid that?
BLOCH: Well, it depends how it splits, I think. If it's something like -- if on the one side you have both Republicans -- or both conservatives and liberals, that will look a little better than if it's a 5-4 conservative versus liberal.
COSTELLO: We'll see how it turns out tomorrow. Susan Bloch, thank you for joining us.
BLOCH: Thank you.
COSTELLO: An update now on Karen Klein, the grandmotherly bus monitor who was tormented by a group of middle schoolers.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: You're a troll. You're a troll. You're a troll. You old troll.
(END VIDEO CLIP)
COSTELLO: Years and you remember that. After that video went viral, donations poured in, and now Klein has met the man who helped raise more than half a million dollars for her to take a vacation.
Max Sidorov came all the way from Toronto to Greece, New York, last night. He started the Web site after seeing that video of Klein. He said he never expected to raise so much money. His initial goal was just 5,000 bucks. About 30,000 people from all over the world have donated. So far the total is over $660,000. Klein has said she may invest some of the money and also donate some of that money.
This morning, the Olympic rings are now on London's iconic Tower Bridge. It's pretty cool too.
Take a look. It marks the final countdown to the opening ceremony, just 30 days away.
Oh, I wish they had them like hanging the way they are supposed to hang. The rings are showing up all over London as the city prepares for the games. But you better hurry if you want to go. The BBC is reporting that 80 percent of the tickets have been sold.
These rings are huge. I think that a semi can fit through them. I might be exaggerating a little but, they are a cool sight all over London.
Mayor Michael Bloomberg of New York has reportedly found an interesting way to keep cool before he drives around New York City. It's so strange. We'll show you what it is.
(COMMERCIAL BREAK)
COSTELLO: At 18 minutes past the hour, let's check our top stories now.
This morning, firefighters are facing an inferno again near in Colorado Springs. This wildfire has already chased 32,000 from their homes and is dangerously close to the Air Force Academy. Only 5 percent of this fire is contained.
Stockton, California, poised to become the larger city in the country to declare bankruptcy, and wipe out its $26 million deficit. Its city council passed a budget last night that includes day-to-day operations while under chapter nine bankruptcy. That filing could happen as early as today.
In money news, gas prices in South Carolina, guess what, they are below 3 bucks a gallon. It is the first state in almost a year and a half to hit that mark. I guess lower to hit that mark. Statewide average is now $2.99. AAA says the national average is at $3.38. That's a drop of 16 cents from a year ago.
In weather news, tropical depression Debby is leaving Florida, but flooding is still a big problem in many areas of the state and will be for the next 24 hours. Debby dumped two feet of rain on some towns south of Tallahassee. Debbie is also blamed for several big sink holes.
In sports, Cassandra Bersach sang the national anthem before the Cardinals-Marlins game in Miami. And if that wasn't enough to get her heart pumping, was surprised with a marriage proposal from her boyfriend.
That's cute. Yes, she said yes. Cassandra said, yes!
New York City Mayor Michael Bloomberg is known for his advocacy on the environment. He is a green mayor. But as the mercury soars, the mayor's team is taking part in a rather unique experiment. All in an effort to keep his honor cool before he drives around town.
Ashleigh Banfield just spoke with the mayor's office, and it was such a weird picture on the front of "The New York Post" this morning. Who would think?
ASHLEIGH BANFIELD, CNN ANCHOR: I know. Who would have thunk, right? I love my "Post" in the morning. I get up, I grab it, and I look. "Mike's Cool Aid".
He rigs a wacky A.C. unit to keep his SUV chilled. I read the story through and thought there had to be more to it. It turns out there is more to this.
There's a law in this state, in this city, where you can't just run your SUV or idle near a playground or school for more than three years because it isn't green. And that's what Mike Bloomberg's thought, right?
It doesn't apply to police vehicles, Carol. And guess what? Mike Bloomberg's vehicles are police vehicles. So he is doing this out of the goodness of his heart, it turns out. He's not breaking any rules. He just wants to be green.
COSTELLO: What a minute. This looks like a room air conditioner unit you put in the window of your home.
BANFIELD: It is totally is. And when I called the mayor's office, I said, is this what it looks like, truly a room air conditioner? And they said, we'll do you one better.
We got this thing salvage out of a warehouse. One of the staffers for Bloomberg came up with the idea. Let's give it a shot. See it works.
So, they got a salvage unit for free. They jerry-rigged it with a technician. They did a 30-minute experiment. It was a one-off thing.
Here is the weird part. They wouldn't tell me if it was a success, and they wouldn't tell me if this is going to be par for the course from now on.
COSTELLO: Where do they plug it in?
BANFIELD: Well, that's a good -- big old extension cord. It's kind of wacky, right?
But, hey, listen, if you think about the v-8 engine and the emissions, and our temperatures last week, we were well over 100 degrees here in the Big Apple with the heat index. There are people who work in those vehicles. And there's really expensive communications gear too they have to protect.
So, it's not just sort of like an opulent mayor who needs to have a cool ride. It can be 120 degrees in a vehicle when it's hot out like that.
Here's the best part of the story. Everybody is talking about how it's Mayor Bloomberg's crazy idea. He knew nothing about it, he knew nothing about it until the story broke.
So I asked the aide to Mayor Bloomberg, what was his reaction? Did he like the idea? Does he want to do it? How does he feel about the story?
And (INAUDIBLE) said to me, I can't comment. And that's all I could get. I know. That's all I could get from the mayor's office. He didn't know about it until that, hello, good morning, big story.
But you know what? If you think about it, it isn't that bad an idea. A lot less emissions. He didn't spend a cent to do it. But you'll have to stay tuned, watch this space to see if it's a formal plan from now on.
COSTELLO: I'm sure it will be adopted through the rest of the country. No.
BANFIELD: It sure looks wacky.
COSTELLO: You wacky New Yorkers.
(CROSSTALK)
COSTELLO: Yes, and that extension cord would cause a lot of problems.
Ashley, thank you so much.
BANFIELD: Sure.
COSTELLO: Manipulating your transactions at the ATM to slam you with more fees? We'll tell you about one bank paying big bucks to settle with customers just over just that.
And don't forget, if you're heading out the door, you can take us with you. Watch us anytime on your mobile or computer. Just head to CNN.com/TV.
(COMMERCIAL BREAK)
COSTELLO: PNC Bank agrees to pay $90 million to settle lawsuits over excessive overdraft fees. The banking giant joins Bank of America, JPMorgan Chase, and several smaller banks in settling litigation from customers claiming many of those overdraft fees were unwarranted.
Alison Kosik is at the New York Stock Exchange.
So, explain what these banks were doing to rip us off.
ALISON KOSIK, CNN BUSINESS CORRESPONDENT: OK. Yes, exactly. That's the way of putting it.
You know, the customers in this lawsuit, it focuses on PNC's lawsuit, PNC Bank actually. What they say was that the bank's computer system actually re-sequenced the order in which they made their debit and ATM transactions. So what the bank is accused of doing is posting them from the highest to the lowest dollar amount, instead of the actual order that people made their purchases. So what that ended up doing is making these accounts become depleted of money faster.
And these plaintiffs say it caused them to overdraw and get hit with more of these overdraft charges than they would have. And when you consider what these overdraft fees are, it's a big deal, because they range from 25 bucks to 30 bucks at most banks.
Now, we did talk to PNC this morning. They said they don't comment on litigation but the bank is looking closer at its overdraft policies. I'm sure it is.
COSTELLO: Well, that makes me feel a lot better.
Is this suit the primary reason that Chase, for example, eliminated overdraft fees on debit purchases of 5 bucks or less?
KOSIK: Yes. Funny you should mention that. When Chase made that announcement last week, Carol, it said, oh, good news, we're making changes to help you avoid fees.
But I'll tell you what? This isn't out of the kindness of their hearts. These court documents for Chase show that the changes were made because it was part of Chase's own $110 million settlement concerning overdraft fees.
Now, Chase's new policy goes into effect in three weeks. And what it does is lets customers make as many $5 or less purchases as they want without overdrawing.
Keep in mind that these aren't the only banks. We're talking about Citigroup, Wells Fargo, Capital One. They are all facing similar lawsuits. And those banks that I just mentioned have not yet settled.
ROMANS: Do these banks realize that we put our money in the bank? It's our money. We put it in their banks and may make money off of it. But it's our money. It's our money.
KOSIK: Right. Well, look, the banks are in business to make money.
COSTELLO: Using our money.
KOSIK: Well, yes. But that's why they (INAUDIBLE) because there are more regulations. The banks have to figure out more creative ways. But here, they were caught -- they were caught with their hands in the cookie jar because they were actually manipulating how we were making our purchases.
So, you know, clearly, when you look at it legally, it clearly wasn't right because what these banks are doing are settling, paying up big time for their mistakes, Carol.
COSTELLO: Thanks, Alison.
KOSIK: Sure.
COSTELLO: I didn't mean to get on you, but I feel better now. I vented and I feel better.
KOSIK: Glad I could help.
COSTELLO: Thanks, Alison.
Washington gets ready for an historic day. And I'm not talking about the Supreme Court's decision on health care. Still to come, our political panel weighs in on Thursday's House vote on whether to hold Attorney General Eric Holder in contempt of Congress.
(COMMERCIAL BREAK)
COSTELLO: The U.S. Attorney General, Eric Holder, is poised to make history tomorrow and maybe not in such a good way. The House plans to go forward with a contempt of Congress vote after a last- minute attempt to make a deal and avoid that vote failed miserably. The House's action related to the "Fast and Furious" gun trafficking program is sparking outrage among some of the nation's leading civil rights organizations.
(BEGIN VIDEO CLIPS)
WADE HENDERSON, LEADERSHIP CONF. OF CIVIL AND HUMAN RIGHTS: This reckless and ill-conceived effort is should be rejected, and we call upon Speaker Boehner, Chairman Darrell Issa, and others in the house leadership to reconsider this harmful path.
MARC MORIAL, PRESIDENT AND CEO, NATIONAL URBAN LEAGUE: This effort by the House of Representatives is nothing more than a clumsy, naked, politically motivated witch hunt.
BEN JEALOUS, PRESIDENT AND CEO, NAACP: This is a low point for our Congress. It is a low point in the House of Representatives. And we hope that the leadership of the House will hear our plea to get back to work and to stop using their powers to delay and defer justice in this country.
(END VIDEO CLIPS)
COSTELLO: The Republican House Speaker John Boehner is expected to hold a press conference on this vote in just about half an hour. Of course we'll be watching and we'll tell you what he says. But we want to talk about the implications of this, and the partisan nature of the fight.
Joining me now CNN contributor Roland Martin, who leans left, and Crystal Wright, editor and blogger for conservativeblackchick.com.
Welcome to both of you.
CRYSTAL WRIGHT, EDITOR, CONSERVATIVEBLACKCHICK.COM: Thank you.
ROLAND MARTIN, CNN CONTRIBUTOR: Glad to be here.
COSTELLO: So civil rights leaders from black, Hispanic, and Asian groups claim this is a witch hunt. What do they mean by that, Roland?
MARTIN: That you have crazy talk going on. When you have the NRA with this ridiculous theory they somehow this is this overall agenda of the Obama administration to somehow limit gun ownership in this country. That's what you have going on. They are one of the driving forces of this.
And so, it's just nonsensical. And they can't even provide any sort of factual evidence to back it up. It's crazy conspiracy talk, just like the birthers, just like the 9/11 truthers.
COSTELLO: Well, a border agent did die.
MARTIN: Yes.
COSTELLO: And supposedly he died with an illegal gun provided by the U.S. government. You can't really get away from that, right, Crystal?
WRIGHT: Yes. You know, I admire my friend Roland Martin. But I'm going to disagree. What's nonsensical and clumsy is this administration allowing under its attorney general for 2,000 guns to walk into the hands of the Mexican drug cartels. And then they lost track of them.
As you pointed out, Carol, a border patrol agent was killed, and he was white. Then we had 300-plus Mexicans who were killed. How is this racist?
And then to Roland's point, we do have evidence. CBS News has obtained emails that ATF agents were exchanging during "Fast and Furious", and you know what it showed? Not only did they want the gun shops to illegally sell these 2,000 guns to the drug lords. They said and, we're going to use this to build a case for tougher gun laws.
So, Roland is just wrong on this.
MARTIN: No.
WRIGHT: And all I can do is laugh when the NAACP and Marc Morial of the Urban League comes out and says this is racist. This is the same attorney general -- excuse me, Roland -- I didn't interrupt you.
This is the same attorney general who thought it was a good idea to let 9/11 terrorists who killed 3,000-plus Americans to have civilian trials in New York City, a stone's throw away from --
(CROSSTALK)
COSTELLO: Go ahead, Roland.
MARTIN: First of all, Crystal, President Bush allowed bin Laden's family to leave the country after 9/11. You don't want to go there.
WRIGHT: Yes, I do.
MARTIN: No, no, actually you don't.
Here's the fundamental problem here, Carol, and that this overall program started under President George W. Bush. What Congress is not doing is saying, OK, how do we even get to this particular point? The documents they want to place after the death of the border patrol agent.
This goes beyond simply the Obama administration and "Fast and Furious". It is an overall program dealing with ATF.
So the question is, are you bringing in the actual ATF agents --
WRIGHT: Under the Justice Department.
MARTIN: One second, are you bringing in the ATF agents in the Phoenix office to say, what were you doing? No. What Congress is trying to do is only say we want to deal with Attorney General Eric Holder. That's why it makes no sense.
And, Carol, the reality is, they are being driven by the NRA. And what the NRA is saying right now, we're going to score this vote and we're going to hold it against you in the election and whether we give you money based upon how you vote.
That's a clear NRA threat. And Republicans and some Democrats are going to respond.
(CROSSTALK)
COSTELLO: Crystal, I will say I saw the letter from the NRA, and it said exactly what Roland said. The NRA is a dog in this fight.
WRIGHT: Well, sure it is.
COSTELLO: Even some Democrats say they'll vote for the contempt charge because they are being pressured by the NRA. But why is the NRA involved in this?
WRIGHT: Because of emails that CBS news has reported on where ATF agents are doing a lot of double talk. One minute they want 2,000 guns to illegally be sold through the Phoenix, Arizona, gun shops. And at the same time, they want to use that against the gun shops to build a case for tougher gun laws.
So, of course, the NRA is going to be involved in this, Carol. You have common sense. Roland has common sense.
MARTIN: Call those agents before Congress.
WRIGHT: Wait. I want to add one more thing really quickly.
COSTELLO: One thing I don't understand about the NRA. If people kill and guns don't, why is the NRA involved in this?
(CROSSTALK)
WRIGHT: Why are you going to tell gun shops we're going to turn a blind eye because we want you to help us let these 2,000 guns walk out of your shops. But in the next -- then in the very next breath, you're going to smack their hands with tougher gun laws because they are doing something -- they are breaking the law because the ATF agents told them so?
And finally, 80,000 documents -- wait a minute, Roland -- 80,000 documents were turned over --
MARTIN: Let me know the filibuster is over.
WRIGHT: -- by the inspector general's office at the Justice Department. Those 80,000 documents should be turned over to Congress. But this president thinks that he can bypass Congress.
MARTIN: Carol, again --
COSTELLO: Roland, last word. Go ahead, Roland.
MARTIN: This is all a threat. Look, when you have the NRA who doesn't even want background checks, who doesn't even want people to be checked at gun shows.
Please, don't act like the NRA really cares about guns even in America going to the hands of the wrong people. Bottom line, Carol, this is totally politically driven. And trust me, the NRA is using the threats of their dollars and their endorsement to tell the GOP and some Democrats, you get in line or we're going to penalize you. It's clear as day.
COSTELLO: All right. We have to end it there.
Crystal Wright, Roland Martin, thanks so much for a spirited discussion.
MARTIN: Thanks so much.
COSTELLO: She blazed a trail for women in Hollywood, largely thanks to great scenes, like this.
(BEGIN VIDEO CLIP)
BILLY CRYSTAL: I love that you get cold when it's 71 degrees out. I love that it takes you an hour and a half to order a sandwich. I love that you get a little crinkle above your nose when you're looking at me like I'm nuts.
(END VIDEO CLIP)
COSTELLO: Remembering screenwriter and director Nora Ephron.
(COMMERCIAL BREAK)
(BEGIN VIDEO CLIP)
CRYSTAL: I love that you get cold when it's 71 degrees out. I love that it takes you an hour and a half to order a sandwich. I love that little crinkle above your nose when you look at me like I'm nuts. I love that when I spend the day with you, I can still smell your perfume on my clothes. And I love that you're the last person I want to talk to before I go to sleep at night.
TOM HANKS: I'm dating her. That's all I'm doing. I'm not living with her. I'm not marrying her.
Can you appreciate the difference? This is what single people do. They try other people on and see how they fit.
(END VIDEO CLIP)
COSTELLO: You know those scenes from "When Harry Met Sally" and "Sleepless in Seattle," just two of the box office hits created by screenwriter and director Nora Ephron. She died. She was 71 years old and she was battling leukemia.
Ephron was a renowned author, a journalist, a playwright. But she's probably best known for her work in Hollywood where she brought memorial moments like this one, and this one to the silver screen.
(BEGIN VIDEO CLIP)
MEG RYAN: Yes, yes, yes, yes! Oh, oh, oh! Oh, God. Oh.
UNIDENTIFIED FEMALE: I'll have what she's having.
(END VIDEO CLIP)
COSTELLO: I just love that scene.
In all, the eight films that Ephron directed grossed more than $500 million here in the United States.
Let's head to Los Angeles now, and talk a little bit about Nora Ephron before we get to the big "Today" show news with Ann Curry leaving the show and all that.
There is just no one else like her, Nora Ephron.
NISCHELLE TURNER, CNN ENTERTAINMENT CORRESPONDENT: Yes, yes, yes. So smart, Carol. And so witty and so funny. She wrote a lot of romantic comedies.
By the way, good morning.
But she wrote a lot of romantic comedies but what she did in writing those stories, she still gave women a really strong voice in her movies. And I think that did a lot for women's characters in Hollywood. And I know so many -- talking to people yesterday and getting reaction from Hollywood, that was the thing that a lot of people appreciated most about Nora Ephron, that she took women's roles, flipped them on their head and still gave them, you know, this really strong role but while still being funny and sexy and smart and everything.
And I love that about her movies
COSTELLO: Yes. Nischelle Turner, by the way, hello to you too. I forgot to say hello because I was lost in my memories of those movies, because I have seen each and every one of them more than once.
TURNER: I know. Exactly.
COSTELLO: I know. Let's talk about the "Today" show and Ann Curry, because everybody knows by now that Ann Curry is leaving NBC, but her successor supposedly has been named.
TURNER: Yes. You know, this story is definitely the talker. It's the big buzz right now, Carol. And it seems like, like you said, there's still many more questions than there are answers.
But sources are telling the "Hollywood Reporter" this morning that Savannah Guthrie, who is actually newer face over at the "Today" show, has been offered the role of co-host with Matt Lauer. This move would of course replace Ann Curry.
The "Hollywood Reporter" says that NBC news is close to finishing a deal with Curry, which would keep her at the network in what they say is a substantial position and as part of the news division but she would be off of the "Today" show.
She started with "Today" in 1997. She was a news reader. She was promoted to co-host last June when Meredith Vieira left. So it would be just about a year for her on the desk if she does in fact leave.
COSTELLO: Nischelle Turner, thank you so much.
TURNER: Sure.
COSTELLO: We're going to take a quick break. We'll be back with more.
(BEGIN VIDEO CLIP)
DR. SANJAY GUPTA, CNN CHIEF MEDICAL CORRESPONDENT: I'm Dr. Sanjay Gupta. He has been called a revolutionary teacher because of his innovative approach to education.
SIMON HAUGER, TEACHER: So this is West Philadelphia High School and it was built in like 1904 or something like that. And this is where I started my teaching career.
I entered education like most young idealistic teachers and just believed that all that was needed is really good solid teachers that I could teach anybody anything, and I was going to get all of my students to prepare for college.
And it was tough because I was trading on a relationship that I had developed with the students that this content that I'm teaching you, algebra and geometry, is going to change your life. It's preparing you. Trust me.
You know, it's kind of like the karate kid. If you do enough wax on and wax off, you will be a black belt magically, right? And that's exhausting. Because there's some truth there, but some of it is not true.
What we discovered 13 years ago when we started this as an after- school program was that when kids are given real problems to solve and are trusted to make real decisions, a ton of learning occurs.
This Sunday on "The Next List," our profile of Simon Hauger.
(END VIDEO CLIP)
(COMMERCIAL BREAK)
COSTELLO: Forty-nine minutes past the hour. Checking our "Top Stories".
A wildfire of epic proportions near Colorado Springs chases 32,000 people out of their homes. Fire just five percent contained. It's now threatening an air force academy. We'll have a live update for you in 15 minutes.
Despite falling gas prices, GM will roll out its Chevy Spark to American car buyers later this summer. The company says the four cylinder mini car is designed to attract young entry-level buyers in an urban market. An electric car, you know.
In weather news people in Florida are checking out the damage left by tropical depression Debby as it heads into the Atlantic. Look at those huge sink holes they are right next to people's homes, this north of Tampa. About 2,000 homes had to be evacuated and 100 others are damaged. Debby has also dumped more than two feet of rain in parts of northern Florida.
It's not just Debby that's causing problems, record-setting heat. It's going to be hitting almost all of us. So at least we can share in the misery, right?
Rob Marciano, I'm not talking 80s or 90s. I'm talking 100-degree temperatures or more.
ROB MARCIANO, AMS METEOROLOGIST: Yes, for a wide chunk of the U.S. especially east of the Rockies. It started in the Rockies where we're having those fire issues and now it's beginning to surge and expand off to the East. And the humidity is going to be on to increase as well. So as you know that only increases the -- what it -- what it feels like.
These temperatures don't (inaudible). Many of them measured in the shade and some of them are all-time record highs. Including Austin, Texas 109 yesterday; College Station, 106; Denver, Colorado 105, that's their all-time record, they have tied that now several times but they also had a string of consecutive 100-plus degree days there. And that's tie -- tie the record as well. So Denver will once again tease the 100-degree mark but maybe cool off just a little bit.
Here is your dome of hot high pressure, high temperatures actually up and over 100 degrees. That's where your greatest fire threat is. Then it shifts off to the east. And on top of that, once it moves a little bit farther to the east, we start to crank in the humidity.
So excessive heat watches and warnings are up through parts of Kansas in through parts of Missouri. But really from north Texas, all the way up to the lower Great Lakes is going to be under the gun here for the next two days. And then it will expand further to the east.
So 89 degrees will feel like a cool snap in Atlanta come the weekend. And 80 in New York City enjoy that now because things will be warming up as well. Carol, back over to you.
COSTELLO: I'll try, thank you. Thank you very much, Rob.
MARCIANO: You got it.
COSTELLO: He could cast the deciding vote on Obama care. But exactly who is U.S. Supreme Court Justice Anthony Kennedy?
(COMMERCIAL BREAK)
COSTELLO: We're about 24 hours away from hearing the Supreme Court's health care ruling. One justice's vote could make all the difference. And it could come from Justice Anthony Kennedy, a moderate conservative whose votes on high-stakes cases are close to impossible to predict.
Joe Johns has this in-depth look.
(BEGIN VIDEOTAPE)
JOE JOHNS, CNN CRIME & JUSTICE CORRESPONDENT (voice-over): He's the man in the middle. The right-leaning justice who often swings left on some of the most hot-button cases -- the death penalty, abortion, immigration. Now, the Sacramento native might be the one "Time" magazine calls "The Decider" whose vote in Thursday's health care ruling could make all the difference.
THOMAS GOLDSTEIN, SCOUTUSBLOG.COM PUBLISHER: In any nine-member court that's closely divided someone's going to be in the middle. And for us, that's Justice Kennedy who's a solid conservative but does vote with the left in a material number of cases. And when it comes to health care there's every reason to believe he'll be right there in the center as well.
JOHNS: The 75-year-old Kennedy asked tough questions of both sides during the March oral arguments over the constitutionality of the Affordable Care Act and the key funding provision, the individual mandate, which would require most Americans to purchase health insurance or pay a penalty. The Justice wondered whether Congress went too far.
JUSTICE ANTHONY KENNEDY, SUPREME COURT OF THE U.S.: The government is saying that the federal government has a duty to tell the individual citizen that it must act. And that is different from what we have in previous cases.
UNIDENTIFIED MALE: Well --
KENNEDY: That changes the relationship of the federal government to the an individual -- a very fundamental right.
JOHNS: But some sympathy, too, for the Obama administration and the unique aspects of health care in the national economy. Suggesting perhaps the health insurance market was special enough that he could vote to uphold the mandate.
GOLDSTEIN: This is a question about state's rights which he cares a lot about. It's a question about individual liberty and the relationship between the government and the American public which he cares a lot about. And so it would be quite surprising if he weren't in the majority in the end. We don't know on which of the questions the court's going to divide 5-4, but if it does, then he's likely to be the pivotal vote.
JOHNS: Such influence makes Kennedy a target from the left and the right. Critics say he lacks an over-arching judicial philosophy and his case by case approach has earned him nicknames, "Flipper" and the "Errant Voyager".
Kennedy comes from a family of lawyers, a federal judge for 37 years, the last quarter century on the high court. Friends say he's a curious, civic-minded intellectual with a taste for Shakespeare and his beloved San Francisco Giants.
(on camera): Another key player might be the Chief Justice himself. John Roberts, too, pressed both sides on the health care argument. His stated respect for the power of Congress to craft legislation with minimal court interference leads some legal experts to predict he, too, may vote to uphold the mandate.
Joe Johns, CNN, Washington.
(END VIDEOTAPE)
COOPER: We'll see tomorrow.
The next hour of CNN NEWSROOM starts after a quick break.
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