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Supreme Court Ruling on Obama-care Within 24 Hours; Alberto Gonzales Weighs in on Supreme Court; Stowaways Possibly in Shipping Containers at Port Newark; Drug War on Minds of Mexicans As Presidential Election Nears.

Aired June 27, 2012 - 11:00   ET

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

KYRA PHILLIPS, ANCHOR, "CNN NEWSROOM": And hello, everyone, I'm Kyra Phillips. It's 11:00 on the East Coast, 8:00 out West.

What happens when two feet of rain falls in three or four days? Well, Florida gets hammered. And Debby's not done yet.

The U.S. attorney general under fire for a botched gun-running program. We're following the looming vote to hold Eric Holder in contempt of Congress.

Also this hour, former U.S. Attorney General Alberto Gonzales is here. He'll weigh in on Holder, plus the landmark Supreme Court rulings on immigration and healthcare.

It's a decision that will impact everyone in this country, President Obama's health care law. The Supreme Court could support parts of it or strike it down altogether.

Here's what's under consideration. Is the individual mandate constitutional? If it is found unconstitutional, does the whole law have to go? Or can the mandate be struck down separately? Is the expansion of Medicaid constitutional? And does a tax law block the court from even addressing the mandate issue right now?

Our chief medical correspondent, Dr. Sanjay Gupta, also a practicing neurosurgeon here in Atlanta, joining me from New York. So, Sanjay, if the entire law is thrown out, what happens to all the people who are benefiting from the Affordable Care Act currently? Can insurance companies just drop them?

DR. SANJAY GUPTA, CNN CHIEF MEDICAL CORRESPONDENT: They could and that's part of why this is such a big deal right now, Kyra.

We've been doing a lot of reporting on this and investigating. We've talked to several of the big insurance companies around the country and some say, look, despite what may happen with the ruling tomorrow, we still will keep things the way they are. So some insurance providers may still choose to not change much.

So if they've taken on patients who have chronic medical conditions and not charged them exorbitant premiums, they may not change that. So it's possible some things could stay in effect as they are.

But to your point, Kyra, if it's overturned, there's no law mandating that they do that.

PHILLIPS: And we've pointed out there's a chance that the Supreme Court could throw out the individual mandate and ban the pre- existing conditions. Let's talk about -- we've got a list put together here -- the provisions that would be left.

GUPTA: Yes. It's an important part. Because there's some 450 provisions in this bill, Kyra, as you know and so there's a lot of other things in there. And, again, talking to our sources, trying to piece it together, there are some key ones that I think may remain even if what you just described happens, even if the mandate goes away.

To take a look at some of the big ones. If someone has health care insurance and then they become sick, in the past, they could be dropped by the insurance company after that. It seems hard to believe, but that did happen. They say that might not happen in this case.

No lifetime limits is another one. I can tell you, as a doctor, Kyra, people who have chronic illness -- I take care of these patients -- you can get to your lifetime limit very quickly. Again, no lifetime limits would be something.

No co-pays on preventative care, trying to encourage people to go to their doctors. Employers having to provide insurance. You can read the list.

Also that last one, Kyra, you and I have talked about this, letting young people stay on their parents plan until age 26. It's a pretty big deal. And also, I'll tell you something else, small business owners who are hiring people in that age range also like this because they don't have to provide health care insurance then, so it makes those young people more attractive potential employees.

PHILLIPS: Yes. And you and I have also talked about how a lot of people blame insurance companies, the government, hospitals, right, for this health care crisis, but, look, we drink, we're overweight, we smoke.

GUPTA: You know, there's no country in the world or system in the world that does a great job of controlling health care costs. I'll preface by saying that.

But I feel strongly about this issue of personal responsibility, like you do. You're right, in the United States, we're particularly bad at this. As you point out, you take a look at the numbers, almost three-quarters of adults are either overweight or obese. About 68 percent, I think, is the exact number.

One-in-five still smoke. Both of these things right there are a big cause of health care costs. But, you know, there's something there else, Kyra, if you give me one second, just to make this point that health care insurance alone does ensure good health. Keep that in mind. Only half of Americans were getting preventative services prior to 2010 and that's with 85 percent of the country being insured.

You and I both know people who have terrifically good health care insurance and are terrifically unhealthy. So there's a second beat to this story, Kyra, that, hopefully, we'll keep reporting on -- how to get America healthy.

PHILLIPS: There you go. We sure will. Sanjay, thanks.

Don't forget to join us tomorrow at 9:00 a.m. Eastern for live coverage of the healthcare ruling.

Now, another huge case that we're watching closely this morning, Speaker John Boehner now saying the House will vote tomorrow on holding Attorney General Eric Holder in contempt of Congress.

At issue are those documents related to the botched "Fast and Furious" gun-tracking operation in Mexico. As you may remember, President Obama pretty much kicked a hornets' nest by invoking executive privilege and denying certain Justice Department documents.

Joe Johns is once again on Capitol Hill for us. So what do you think? Is this actually going to happen or is there still a chance for compromise, Joe?

JOE JOHNS, CNN CORRESPONDENT: Well, Kyra, what you would expect in a less politically-charged atmosphere is some type of negotiated solution. Frankly, there may still be time for that, but no indication so far that it's going to happen. The speaker of the House, as you indicated just a little while ago, said he does plan to proceed with the vote. Listen.

(BEGIN VIDEO CLIP)

SPEAKER JOHN BOEHNER (R), OHIO: We are going to proceed. We've given them ample opportunity to comply, even as late as yesterday. The White House sat down with some of our staff to outline what they'd been willing to do.

Unfortunately, they're not willing to show the American people the truth about what happened. It's an unfortunate place where we are, but our members raise their right hand and swear to uphold the Constitution of the United States and the laws of the United States. We're going to do our job.

(END VIDEO CLIP)

JOHNS: Of course, the back story here is about the National Rifle Association. They are counting this vote, they tell me, so that means there could be some Democrats in NRA-leaning districts who feel pressured to vote against Attorney General Holder. The NRA told me just a little while ago they have heard from some Democrats who say they're going to go with them.

On the other side of the coin, the Democratic leadership says there's no way for them to stop NRA-supporting Democrats from voting against Holder. Nonetheless, they do expect the vast majority of Democrats to vote with Holder, Kyra.

PHILLIPS: Before I let you go, Joe, you and I talked a little bit about this in the beginning of the week. It's a political year which really weighs in to how much attention this is getting because the last time a situation like this came this close was decades ago with Janet Reno.

JOHNS: Right. Absolutely. I think no one can deny the political nature of this story, especially now with the National Rifle Association involved. They're very concerned about the issue of gun control and, in this case, they say they suspect that this "Fast and Furious" operation was sort to promote a larger gun control plan.

And some of that evidence, or at least inference, coming from the chairman of the reform committee over in the House side, Darrell Issa. So there are a lot of larger things at play here and a lot of them have to do with election-year politics.

PHILLIPS: All right. Joe Johns, there on the Hill for us. Joe, thanks so much.

Of course, we'll have more on this contentious issue when former Attorney General Alberto Gonzales joins me in just about 30 minutes.

(COMMERCIAL BREAK)

PHILLIPS: And just a quick note for all of you heading out the door. You can continue watching CNN from your mobile phone or, if you're heading to work, you can also watch CNN live from your desktop. All you have to do is go to CNN.com/TV.

Communities flooded, people displaced, and a good portion of Florida just drenched, after days of being hammered by Debby, the storm has paralyzed neighborhoods and stunned residents.

(BEGIN VIDEO CLIP)

RICHARD FERENZAK, FLORIDA RESIDENT: Nerve-racking is the key word. We're right on the water with our house and we've had about 25 inches of rain. I've had a rain gauge since the first of the month and from Saturday night to Sunday night, we ran a little over 14 inches.

So just watching water come up, you just don't know how high it's going to go.

(END VIDEO CLIP)

PHILLIPS: Well, across the state, thousands of people were evacuated, dozens more rescued, but Debby proved early on to be deadly, killing a 32-year-old mom who was found still cradling her 3- year-old daughter.

And here's what we're dealing with now. Debby has weakened after making landfall. The tropical storm is now a tropical depression.

As George Howell will tell you, it's not over yet. He's joining us now from Sopchoppy, Florida. So, George, the Florida Panhandle pretty much got the brunt of the storm's fury. What kind of damage are we looking at now where you are?

GEORGE HOWELL, CNN CORRESPONDENT: Kyra, good morning. We are here in Wakulla County and we just got some new rainfall estimates. Here alone, this county saw at least 30 inches of rain over those several days of sustained rainfall. That is a lot of rain. And you see the result. You see these homes under water in these low-lying areas.

What happened here, you see this story playing out throughout the state. We learned that right now in Hamilton County, they are dealing with the same thing from these fast-rising rivers, again, the convergence of all the floodwaters and all these different rivers coming together, flowing out into the Gulf.

Just the other day in another county just east of us, we saw several rescues taking place. And in Pasco County, we know that at least 7,000 people have been forced to evacuate, trying to get out of the way of these fast-rising waters, Kyra.

PHILLIPS: So federal and state resources, what's being deployed? Is it enough?

HOWELL: At this point, we do know that FEMA officials are on the ground. They're talking to people, helping them to at least start that process of managing, figuring out what the situation is and then starting the process to rebuild.

And you also see police officials in place, in some cases, blocking roads and bridges, also making sure that drivers pay attention because in these low-lying spots on the roads, you can find water, standing water, six inches, a foot of water still there.

You know, it could take some time, Kyra, for these waters to recede.

PHILLIPS: I understand that the water rose so fast there were a lot of people that couldn't get out, yes?

HOWELL: We did spend some time -- most of the residents that we spoke with did have time to leave. There are those who chose to stay. But I did speak to a couple just the other day, in their neighborhood -- and I say neighborhood very loosely because really it was like a big lake -- we were on a boat going down the street and they had 15 feet -- imagine that -- 15 feet of water covering homes. All we could see of their home, Kyra, was just the roof.

PHILLIPS: Wow, George Howell there from Sopchoppy, Florida. We will stay in touch. Appreciate it so much. And we are keeping track of Debby as she moves throughout the area. Our Chad weather -- Chad weather -- that would make sense, wouldn't it? Our meteorologist, weather expert, Chad Myers, where is Debby now?

CHAD MYERS, AMS METEOROLOGIST: There are Storm Fields. There's Larry Sprinkles. There's all kinds of guys with those weather-names.

PHILLIPS: There's one in L.A., too. What's his name again? I'm trying to remember.

MYERS: My friend, Dallas Raines.

PHILLIPS: There you go, Dallas Raines.

MYERS: Well, things are looking up for Florida, although what the damage has done -- and this is always the case. We always get the pictures two days after the flooding occurs. This has been a disaster now for 48 hours and maybe you're just finding out about it, but let me tell you these floodwaters have been there with 30, 26, 24 inches of rainfall in any one area. That water had to go up.

Finally, now, the rain has moved away. So has the storm. But there's another issue. It moved over Florida. It died, obviously, because that's what happens over land. But now it's back over the Gulf Stream, a very warm body of water that runs right up the East coast.

Forty-five-mile-an-hour gusts, it's still a depression, but it's forecast to get bigger. It's forecast to become a tropical storm again. Now, it still would be Debby because it never really lost its center of low pressure, but as it runs up the East Coast, that's Halifax, there's Nova Scotia, there's Newfoundland. Forty-, fifty- mile-per-hour storms not going to make too much of a problem on the East Coast, but maybe for some of these East Coast surfers, maybe surf will be up, Kyra.

PHILLIPS: All right, Chad Myers, thank you so much.

And you can see a live satellite image and the latest projected track for Debby at CNN.com/hurricane.

(COMMERCIAL BREAK)

PHILLIPS: An update now in the beating death of Kelly Thomas. We're learning that there's new audio of the confrontation between Fullerton police and Thomas, who was homeless and mentally ill.

Because of that, a judge has now agreed to delay the arraignment of these two cops, Officer Manuel Ramos and Corporal Jay Cicinelli, who are both charged with Thomas' beating and death. Their lawyer says the recording will shed new light and will only bolster their case to dismiss the charges against the two officers.

Of course, these new recordings come after prosecutors showed this video of Fullerton police officers beating Thomas at a preliminary hearing in May. According to several reports, the new recordings contain the conversation between Thomas and Officer Ramos just before the confrontation escalated into this beating.

A firestorm of epic proportions, those are the words of the Colorado Springs fire chief, speaking about the inferno that has already chased 32,000 people from their homes. It's now burned 6,200 acres and it's only 5 percent contained. Jim Spellman is there.

JIM SPELLMAN, CNN CORRESPONDENT: Kyra, this all changed yesterday evening. For four days, fire crews have been out fighting this fire, but it had stayed largely in the canyons and the foothills of the Rocky Mountains.

Yesterday evening, winds picked up unexpectedly and it changed direction. Sixty-five-mile-an-hour gusts drove the fire over the first fire line and the second fire line and into the communities and began burning homes.

Immediately, fire crews here called for backup. They now have 1,000 firefighters from all across the country and all over the region here battling this fire, but with these conditions, high temperatures, high winds, low humidity, it's making it very difficult for them to get ahead of it.

Their main focus today is structure protection, trying to keep these homes safe out in these communities here as the fire goes through. Thirty-two-thousand people at least are evacuated, including people at the U.S. Air Force Academy. They're sleeping in hotels, on floors in gymnasiums and their friends and neighbors are taking them in.

Dire circumstances here today. It could be crucial day for fire crews here as they try to get some kind of containment. Still only 5 percent contained, this fire is and it's going to be a long day of what's already been a long fire season. Kyra?

PHILLIPS: Jim Spellman, thanks so much.

And hope of finding a survivor under the rubble of a Canadian shopping mall is fading. The roof actually collapsed Saturday and rescuers are now using a 90-ton mechanical arm to try and pull away all those concrete slabs.

They lost time Monday when they suspended the effort over fears that the unstable structure could crumble even more. One person is confirmed dead. At least one more is believed missing.

(COMMERCIAL BREAK)

PHILLIPS: Well, it's starting to feel like Olympic season in London. The five iconic rings were lowered from the top of the Tower Bridge today, giving spectators a view from along the Thames River. The rings mark the official one-month countdown to the London 2012 Games and will come alive at night with a light show starting July 27nd. And speaking of the Olympics, McDonald's is out to set its own record at this summer's games by opening its biggest-ever restaurant. The 32,000-square-foot building is expected to serve 1.7 million customers in its Olympic park location.

Not everyone is loving it, though. Groups like the Academy of Royal Medical Colleges in London say the fast food restaurant sends the wrong message at a sporting event, but McDonald's reminds customers it offers healthier choices. McDonald's has been an Olympic sponsor for 36 years.

So when James Durbin rocked the stage on "American Idol," there were no signs of the hurdles he had yet to overcome. Growing up, the season 10 finalist lost a parent, was diagnosed with Tourette's and Asperger's syndrome, and was a victim of bullying.

In this week's "Human Factor," Durbin tells our Dr. Sanjay Gupta what helped him pull out of the darkness.

(BEGIN VIDEOTAPE)

GUPTA: You lost your father at a pretty young age?

JAMES DURBIN, "AMERICAN IDOL" FINALIST: Yes, I was about 9-years old. He got into drugs. He was an alcoholic.

GUPTA: And shortly after your father passed away, you were diagnosed with Tourette's and Asperger's syndrome?

DURBIN: Yes. I've had different facial tics and made different sounds and stuff growing up.

GUPTA: It sounds like a really rough, awful childhood, frankly. I mean, losing a parent, being bullied, and now being diagnosed, what does a 10-year-old James do?

DURBIN: There were things I thought about doing.

GUPTA: You thought about taking your life?

DURBIN: Yes, it definitely crossed my mind.

GUPTA: You did find another way out, so to speak, of that darkness and what was it that caused that?

DURBIN: It was music. It was music and theater.

GUPTA: So let's say you're in a very stressful situation, what happens to you?

DURBIN: A lot of violent head shaking and sometimes like yelling and squeaking and barking and coughing.

GUPTA: When you're on stage and, obviously, lots of cameras, there's nowhere to hide, so to speak, at that point. So what do you do then? DURBIN: I feel like in control, like something's going on I'm on stage, you are down there and I'm here, I'm OK. There's nothing's wrong. I can stand here the whole interview.

GUPTA: Just the physical act of being in that, you're on stage, you're performing?

DURBIN: Having to be social on stage with someone, even though you're just playing the role, you have to have chemistry. So that opened up a whole new world for me.

GUPTA: You recently got married to the mother of your child. Tell me about Heidi.

DURBIN: She had dreams and goals and aspirations and I just looked at myself and said, I've got to change. And thank God for her because she really helped me through it.

GUPTA: Thanks so much. Really enjoyed it.

DURBIN: Absolutely.

GUPTA: Appreciate it.

(END VIDEOTAPE)

PHILLIPS: You can find out more about how James Durbin overcame bullying in his own words at CNNHealth.com.

(COMMERCIAL BREAK)

PHILLIPS: Google may soon be the latest tech company to take on the iPad. It's expected to unveil the new gadget at a conference that starts today in San Francisco.

Of course, our Dan Simon is there at the event. So, Dan, tell us what the hype is all about. My guess is you know very little at this point.

DAN SIMON, CNN SILICON VALLEY CORRESPONDENT: Well, they're very secretive, just like Apple is. And you know the titanic battle in technology used to be between Microsoft and Apple. Well, now you it's between Google and Apple, iPhone versus Android.

And this is the Google I/O conference. What does I/O Stand for? It stands for "Input/Output." Thousands of developers from all over the world expected to attend the event that's going to be lasting until Wednesday.

People filing into the building behind me. We're in downtown San Francisco and this is really Google's opportunity to unveil its newest gadgetry, as well as showcase some of the new features that we're expecting to see in the upcoming Android phones, Kyra.

PHILLIPS: So any scoop at all about the look, the size, the cost, any kind of insight? Because, of course, you know, there's a lot of people that want to know, hey, is this going to be smaller, bigger, better, cheaper?

DAN SIMON, CNN CORRESPONDENT: -- and as well as showcase some of the new features that we're expecting to see in the upcoming android phones -- Kyra?

KYRA PHILLIPS, CNN ANCHOR: So any scoop at all about the look, the size, the cost, any kind of insight? Because, of course, you know, there's a lot of people that want to know, hey, is this going to be smaller, bigger, better, cheaper?

SIMON: You know, this is going to be smaller than the iPad. This is a tablet that we believe it's going to be called "The Nexus." Seven inches compared to about 10 inches for the iPad. And in terms of how Google can really make in inroads in the tablet market, I think price is going to be a huge factor here. This thing is supposed to be around $200. The entry-level iPad is about double that. So, we'll see what they come up with. We know that Microsoft, of course, unveiled a tablet last week. So what does Google have up its sleeve? We'll see in about an hour and a half from now -- Kyra?

PHILLIPS: All right. Dan Simon, we'll be talking then. Thanks so much.

For more on what's in the agenda at the conference, visit developers.google.com.

Representative Charlie Rangel won Tuesday's Democratic primary in New York. That paves the way for his 22nd term. That's more than four decades, by the way, in Congress. Rangel was censored in 2010 after being found guilty of ethics violations.

And in Utah, CNN projects Senator Orrin Hatch taking the win in a bitter GOP primary fight, thanks to a fat war chest and Mitt Romney's endorsement.

(COMMERCIAL BREAK)

PHILLIPS: Well, if you're leaving the house right now, just a reminder, you can continue watching CNN from your mobile phone. You can also watch from your desk top. Just go to CNN.com/TV.

How the law of the land is being redefined as we speak, laws that will impact you and me and how communities across the country operate. Ultimately, these Supreme Court justices had the last say. On Monday, their voices were split, 5-3 on Arizona's immigration law. Now in less than 24 hours, the justices will weigh in on a law that has already made history and stirred up quite a bit of controversy, President Obama's signature health care reform. It's a lot to digest. There's a lot going on.

And our next guest has been there on the inside. We're talking about former U.S. Attorney General Alberto Gonzales. Mr. Gonzalez, good to see you.

ALBERTO GONZALES, FORMER U.S. ATTORNEY GENERAL: Good to see you.

PHILLIPS: Let's start with the justices' decision on immigration. The Supreme Court struck down most of Arizona's immigration law but it uphold the so-called "show me your papers" part. If you were on that bench, what would you say right now?

GONZALES: What would I say? How would I have voted?

PHILLIPS: Yes.

GONZALES: Well, I think I'm not surprised that the court said that preemption prevents Arizona from regulating in this area. Immigration, like foreign policy, is an area where the courts have generally found deference to the federal government. In that sense, I'm not surprised.

With respect to the decision that was upheld, basically, what the court is saying is it's still too early to tell. Without knowing how the law is going to be implemented, we really can't say one way or another, whether or not this state law is preempted by federal law.

PHILLIPS: But let me ask you, if this goes into play, how do police avoid racial profiling?

GONZALES: Well, the issue of avoiding racial profiling exists with respect to a myriad of state laws that are already on the book and have been on the books for decades. We do have federal laws in place that protect against racial discrimination. And to the extent that police officers, they go into training, the presumption that law enforcement is going to engage intentionally in racial profiling, to me, I think is a disservice to a public law enforcement officials, 99.9 percent of whom simply go out and do their jobs to the best of their ability without any racial profiling.

So what's going to be required, states like Arizona, to the extent they want to continue to enforce this provision, to provide training. And training has already been provided, as I understand it, with respect to Arizona and other states, to ensure that law enforcement, in the exercise of not just this law, but the exercise of other laws on the books as I've indicated, that they do so without racial profiling.

PHILLIPS: All right. You know, we're gearing up for the big day tomorrow and health care reform. Stakes are high. How do you think this is going to go?

GONZALES: Well, if I knew that, I'd be in Las Vegas betting on the ponies, Kyra, quite frankly.

I think this is going to be --

(LAUGHTER)

PHILLIPS: But you follow this closely.

(LAUGHTER)

Look, you've got the background here. You know, you follow it very closely. What's your sense and how are you -- how are you looking at this?

GONZALES: Well, here's some guide points that I'm looking at. I think, like most court watchers, I think this is going to be a very close decision. I think it's going to depend on Justice Kennedy and on Chief Justice Roberts. Justice Kennedy is probably less predictable than some of the other justices on the court. He's sort of the wildcard from that perspective.

With respect to Justice Roberts, I spent a great deal of time vetting Justice Roberts in making my recommendation to President Bush that he appoint Chief Justice Roberts to the court. One of the traits I most admired about him, and this very consistent in his judicial decision making, is to decide decisions on the most narrow grounds possible, to not get to constitutional issues you don't have to in order to dispose of a dispute between the court. So in that respect, I expect Justice Roberts to follow that approach in deciding this case. Now, that may mean, that he's going to be pushing the court to perhaps not make a decision on this case, wait until 2015, when the penalties on individual mandate come into play.

Now, there are many court experts to high well, that's not likely because the court did dedicate three days of argument to resolve this case. It is a case of national significance and importance. So in that respect, perhaps the chief justice is not going to go that way, but I wouldn't be surprised if he did.

PHILLIPS: What kind of political fallout do you see, for Republicans, for President Obama?

GONZALES: Well, first, it depends on which way the court goes. If the law is struck down -- I mean, if I'm in the White House and this is an important, an issue for my president, and the court says it's unconstitutional, that's not where you want to be. That's not where you want to have your president be. So if you're in the White House, you hope the law -- the law is upheld.

Now, that's going to energize Republicans, no question about it. Republicans are going to say, listen, this is a law that's wildly unpopular. The individual mandate is wildly unpopular. And therefore, in order to initiate change, to get this change, we need to get control of both houses. We need to get control of the White House. So it will present political challenges to the president. But if I'm in the White House, I want to win this case.

PHILLIPS: You're a former U.S. attorney general, same role as Eric Holder. We've been talking a lot about this this morning. And John Boehner just came out about an hour or so ago, Mr. Gonzalez, and said, definitely, they will vote tomorrow on this contempt vote, related to Fast and Furious, the botched gun-running program. I know you followed this. I guess, first, I want to ask you, do you think it could have been handled differently, first of all, that mission?

GONZALES: Well, listen, I understand why Congress is inquiring into this. A federal agent died and they want to know what happened. And quite frankly, I'm sure, at least I hope, that the White House and the Department of Justice want to know what happened. I think the American people deserve to know what happened.

As to whether or not it could have been handled differently. You know, I don't know all the negotiations. I wasn't privy to the discussions. I'm not privy to what's in the documents that have been provided. I'm not privy to the documents withheld. I'm not privy to all the reasons that the president has exerted executive privilege. Normally, accommodation can be reached.

PHILLIPS: Why do you think it got this far? Yes, let me ask you about that. Why do you think it got this far?

GONZALES: Again, Kyra, without knowing what's in those documents, it's hard for me, and I would hesitate to even speculate why it got this far. What I know -- this is fairly unusual. I mean, the assertion of privilege is an extraordinary act. So obviously, the department tried to reach an accommodation with Congress. When that failed, the president asserted executive privilege. But as to specific reasons why, again, without knowing more of the facts, it's hard for me to speculate.

PHILLIPS: All right. Let me ask you this, you are a former U.S. attorney general, and the accusations have been that there may be some type of cover-up going on, and that's why they don't want to release all the paperwork. You know this position. You know how things go. Do you think that that's likely, that there could be some type of cover-up surrounding this botched raid?

GONZALES: Listen, you're asking me to speculate. Virtually, everything is possible. Although, I would caution your viewers to understand that to think you could keep anything that's criminal or embarrassing quiet or silent, hope that it will never become public, I think is naive in today's world with today's technology. But again, I'd hesitate to speculate about the reasons for what's going on here without knowing more of the facts.

PHILLIPS: Point well made.

Former U.S. attorney general, Alberto Gonzales. Sure appreciate your time today. Thank you.

GONZALES: Thanks for having me.

PHILLIPS: You bet.

The Supreme Court will reveal its ruling on Obama-care tomorrow morning, 10:00 eastern. Our reporters and producers will be inside the Supreme Court. We'll definitely bring you that decision the moment it comes down.

(COMMERCIAL BREAK) PHILLIPS: Illegal immigration is a hot topic across the country. And a drama is unfolding right now in a New Jersey port. Immigration agents got a call from Port Newark this morning. It appears that someone heard sounds coming from inside one cargo container that arrived there and suspected stowaways were inside.

Mary Snow is in Newark.

Mary, have they actually opened the container yet?

MARY SNOW, CNN CORRESPONDENT: Kyra, this is what we have confirmed, that some of the containers have been opened. They said, so far, they haven't found anything yet. What we've been told by the Coast Guard (INAUDIBLE) this morning here at Port Newark. They're doing a routine inspection when they heard knocking on the containers. One of the teams said that they heard knocking back. So I asked the Coast Guard, what does this mean? One person, multiple? They said it could be multiple people, one person, they simply just don't know. The latest we have heard from the Coast Guard is that, so far, they haven't heard anything.

And we could tell you is where the ship came from. The Coast Guard is saying the cargo list the last 30 days the ship made stops in Pakistan, India, Egypt, and then here in New York -- in Newark. And the Coast Guard spokeswoman said it was routine stop.

The container in question is believed to have originated in India, but that's again -- the Coast Guard is saying that it's not 100 percent clear. What we might be seeing is there's multiple agencies on sight here, and there are a number of emergency vehicles, fire department trucks and ambulances that are just standing by waiting, in case there are possible stowaways found on this container.

PHILLIPS: All right. Thanks to our affiliate WABC there. You can see you've got kind of a bird's-eye view of what's taking place there at the port on the ground. You see exactly what Mary Snow was talking about. We are going to follow what WABC is able to get a connection to there. And check in with Mary on developments on the possible stowaways there coming possibly from Pakistan, India. We will let you know.

Well, imagine the outcry here in this country if some 50,000 people have been killed in just five years. Well, that's the reality of Mexico's drug war. And there's no end in sight, as the country is preparing to vote in next month's presidential election.

We've got the latest now from our Rafael Romo.

(BEGIN VIDEOTAPE)

RAFAEL ROMO, CNN CORRESPONDENT (voice-over): It wasn't just the fact that there was another shooting. What made headlines was that it happened at Mexico's largest airport, during the busiest time of the morning.

LISBETTE VELAZQUEZ, WITNESS (through translation): We were really very confused. We didn't know whether the attackers were people dressed as police officers or if it was a fight among real police officers.

ROMO: Officials say the attackers were federal police who opened fire on fellow officers, investigating them for drug trafficking. President Felipe Calderon says a corrupt police force is one of his greatest challenges.

FELIPE CALDERON, PRESIDENT OF MEXICO (through translation): Are the fragility and vulnerability of police and prosecutors in a good portion of the country made Mexico incapable of defending itself and it also allowed corruption and the power of criminals to grow exponentially.

ROMO: Calderon's administration, ending in December, has been defined for his crackdown in organized crime, a crusade that has had mixed results.

(on camera): On the one hand, the president says his government has captured 22 of the 37 most-wanted criminals in Mexico. On the other hand, his critics say, drug violence has left more than 50,000 people dead since he took office.

JORGE CASTANEDA, FORMER MEXICAN FOREIGN MINISTER: Some people think President Calderon was right in being atypical and declaring a war that no one had declared before. And some people, like myself, feel that he made an enormous mistake, a costly mistake in human lives, in jobs, in security for people.

ROMO: In the last five years, Mexicans have seen catapults tossing drugs across the border, hitmen shooting from armed trucks with tourists --

(GUNFIRE)

ROMO: -- plenty of gun fights between security forces and criminals, and gruesome murders, including hanging bodies and beheadings.

President Calderon suggests criminals are lashing out like a beast. The future, he says, is at stake.

CALDERON (through translation): We're leaving behind a fundamental legacy for Mexicans. A Mexico where criminals can no long act without impunity. A Mexico where they are prosecuted, face prosecution and justice and pay for their crimes.

ROMO: Mexicans go to the polls on July 1st to choose a new president. The four candidates battling for the job have not specified how and if they will pursue the war on drugs that Calderon started.

(END VIDEOTAPE)

PHILLIPS: Interesting that you mentioned that the elections are July 1st, but why won't they talk about specifics with security? ROMO: Well, the answers have been long, but the specifics very, very short. One thing they have said is that it is time to change the strategy. It is time to take the army out of the streets and put it back in barracks and use the federal police to do law enforcement work against the drug cartels. Whether they will actually apply that or not once the new government takes over on December 1st, is an entirely different matter.

PHILLIPS: For decades we have talked about the corruption within politics, within the police force, within the military, but it is interesting, because this is where you grew up and although still there is a long way to go, you have witnessed over the years a difference.

ROMO: There is a difference. The ruling party, the PRI, the government of Mexico over 71 years and during that regime, I would like the call it that, it was difficult to do anything, because it was not truly a democracy. The fight against organized crime was not really there. Many analysts say that the government was just looking the other way. President Calderon decided to change course and face this battle head-on. That is what he did, but the critics say it is not working the way he intended.

PHILLIPS: Well, it is a tremendous problem, and it will be interesting to see what happens come July. You will be following it for us? Yes?

ROMO: Yes, I will be there in Mexico City.

PHILLIPS: Will you actually be there? That's what I thought.

All right. Good. We will talk about it then, Rafael.

ROMO: Thanks.

PHILLIPS: Thank you so much.

It is not a distinction that a city would ever brag about, but Sunday, Stockton will become the largest U.S. city to go broke. That is when the California city is expected to file for bankruptcy protection. The city manager says a special budget was approved yesterday amid a $26 million budget deficit. Under the plan, the city will be able to continue paying employees, vendors and service providers. Last year, Jefferson County, Alabama, filed the biggest municipal bankruptcy in U.S. history, with a debt of $4.2 billion.

(COMMERCIAL BREAK)

PHILLIPS: We told you all about the plan for the major college playoff yesterday, and now it is a done deal. For the first time in history, a four-team major college football playoff will kick off with the 2014 season. The plan was approved yesterday by 12 university presidents. There is going to be two national semi-final games and final game to determine the national champion. Now the four teams will be selected by a committee, and that has some folks kind of unhappy, and who ask why not eight or 16-game playoff, but that is not in the cards for now. The four-game deal is good for 12 years.

Well, smiles are not hard to come with by in a horse riding program in the Bronx. It is called the Flying Manes, which is a therapeutic project aimed at kids with special needs, but this past Monday, the smiles were bigger thanks to the surprise visit by hometown heroes.

CNN's Richard Roth was there.

(BEGIN VIDEOTAPE)

RICHARD ROTH, CNN SENIOR CORRESPONDENT (voice-over): Stephanie and Bricklyn (ph) Dwyer run a horse-riding instruction, non-profit program called Flying Manes. Children coping with autism-related diseases benefiting from experiences with the animals.

STEPHANIE DWYER, FOUNDER, FLYING MANES: We couldn't believe it. We were absolutely amazed and couldn't believe the news.

ROTH: The Yankees were coming. Players from one of the most famous sports franchises arrived to pull a surprise, part of the annual program honoring humanitarians in our midst.

UNIDENTIFIED YANKEE: She is going to be my friend now.

ROTH: On the other side of the barn, the children and their parents were in the dark.

UNIDENTIFIED MALE: They just told us to clear the day and it would be a special day.

UNIDENTIFIED FEMALE: It's all a mystery. But whatever it is, it's a good cause.

ROTH: A Yankee parade to enter the riding ring really surprised the young riders.

(INAUDIBLE)

UNIDENTIFIED FEMALE: I've got you.

ROTH: 9-year-old Owen Atkins, with cerebral palsy, was placed on Avery to be guided by Yankees first baseman, Mark Teixeira.

MARK TEIXEIRA, YANKEES FIRST BASEMAN: It is inspiring, because it takes a lot of work caring for the horses and getting the kids out here, but the reward is just huge.

ROTH: Owen's father said it is an experience of a lifetime for both of them.

(on camera): How is it going, Owen? You doing well? You having a good time?

UNIDENTIFIED MALE: Two hours.

UNIDENTIFIED MALE: He wants to ride for two hours today.

(LAUGHTER)

ROTH (voice-over): 8-year-old Michael Russo mounted a horse held by the late Yankee owner, George Steinbrenner, and he showed me he could hit me and do a postgame interview.

MICHAEL RUSSO, FLYING MANE STUDENT: It is like a dream come true when you see the Yankees just coming down that hill over there.

UNIDENTIFIED FEMALE: Michael, you are inspiring me to.

RUSSO: Thanks for all of the compliments.

UNIDENTIFIED FEMALE: This is amazing, because he normally does not like to speak a lot. So this today, he feels like a super star.

UNIDENTIFIED MALE: We want to bring everybody to Yankee Stadium tonight for the game.

(CHEERING)

ROTH: Next stop, famed Yankee Stadium.

UNIDENTIFIED MALE: How are the horses?

(CROSSTALK)

UNIDENTIFIED GIRL: Who is pitching?

UNIDENTIFIED MALE: Who's pitching? Hiroki Cukuroda.

(APPLAUSE)

ROTH: And the kids got baseballs signed by Yankees star, Derek Jeter, who dropped by.

DEREK JETER, YANKEES BALL PLAYER: I'm going to get a horse tomorrow.

(LAUGHTER)

UNIDENTIFIED FEMALE: Stay on. Hit a homerun.

UNIDENTIFIED MALE: OK, here we go.

Try it again. Yes.

(CHEERING)

UNIDENTIFIED MALE: Oh, nice job, Owen.

ROTH: Richard Roth, CNN, New York.

(END VIDEOTAPE)

PHILLIPS: We have an update on Karen Klein, the grandmotherly bus monitor who was tormented by a group of middle schoolers.

(BEGIN VIDEO CLIP)

UNIDENTIFIED STUDENT: You are a troll. You are a troll. You are a troll. You old troll.

UNIDENTIFIED STUDENT: How about I bring my knife and (EXPLETIVE DELETED) cut you.

(END VIDEO CLIP)

PHILLIPS: Those kids are evil. After that video went viral, as you can imagine, that the donations went pouring in. And now Klein has met the man who helped raise more than a half million for her to take a vacation. Max Serob (ph) came all of the way from Toronto to Greece, New York, last night. He started the web site after seeing that video of Klein and he said he never expected to raise so much money. The initial goal was $5,000. About 30,000 people from all over the world donated and, so far, the total is more than $660,000. Klein has said that she may invest some of the money, and then donate some of it as well.

She was the queen of the romantic comedy, and a championed for women thriving in the male-dominated world of films. The mind behind "When Harry Met Sally" and "Sleepless in Seattle," writer, humorist and filmmaker, Nora Ephron, has passed away. Her family says she passed away yesterday surrounded by her family in a New York hospital where she had been undergoing treatment for acute leukemia. She was 71 years old.

Thank you, everyone, for watching. You can continue the conversation with me on Twitter, @KyraCNN, or on Facebook.