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SeaWorld Asks Judges to Overturn OSHA Ban; Atlanta Braves Moving to Suburbs; One World Trade Is Tallest; Palin on Hillary Clinton and Chris Christie; How to Be a 401(k) Millionaire
Aired November 12, 2013 - 15:30 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
(COMMERCIAL BREAK)
JOHN BERMAN, CNN CO-ANCHOR: Welcome back, everyone.
It has been more than three years since SeaWorld trainers have been in the water with killer whales.
After the death of veteran trainer Dawn Brancheau, they were told they could not go back in the water.
Today, SeaWorld Orlando is asking a panel of three judges on a federal appeals court to overturn safety citations and a ban instituted by the Occupational Safety and Health Administration which restricts how humans can interact with these killer whales during performances.
At the conclusion of today's hearing, there was no indication how this panel will ultimately rule.
CNN's Martin Savidge joins us now from Washington. Martin, you were inside the hearing.
What's the main issue here? What was the case that SeaWorld was trying to make?
MARTIN SAVIDGE, CNN CORRESPONDENT: The stakes are huge, John, for both sides, but especially for SeaWorld.
And as you point out, what SeaWorld wants is to get their trainers back into the water with their star performers, the killer whales, something they haven't been able to do for some time and something they say that hurts their business as a result.
The key points that the attorney brought up today was two things, one, the expert testimony that was relied upon that put those restrictions in place.
They said, look, this is a person who is an expert on orcas in the wild, not experts in captivity, thereby he shouldn't have been ruling on what to do with whales in captivity.
The other point they brought up was to say that their product is that interaction, that special bond of trainer and whale in close connection. If you separate them, you destroy their product and OSHA doesn't have the authority to do that, John.
ZORAIDA SAMBOLIN, CNN CO-ANCHOR: Martin, I understand SeaWorld was comparing OSHA's restrictions to actually putting regulations on the NFL and NASCAR.
Can you explain to us what that was all about?
SAVIDGE: It was really pretty interesting to listen to the arguments from both sides and both attorneys did a very good job of outlining them.
But essentially it is this, that OSHA, even though -- what they were saying, SeaWorld, is that there are certain occupations that are known to be hazardous, NFL football being one, driving NASCAR being another, and that OSHA allows them to proceed.
In other words, they haven't put a speed limit on NASCAR racers, and they haven't forced the NFL to go to, say, flag football instead of contact.
However, one of the judges piped up and said, wait a minute here. There are things you can enforce for safety such as seatbelts for NASCAR and helmets for football players.
In other words, it's possible to have safety restrictions without destroying the overall product. And that was at least one opinion from one judge.
SAMBOLIN: Martin, I know you've been covering this from the very beginning. When can we expect a verdict on all of this?
MARTIN: This is something that everybody wanted to hear a ruling right away because it is so instrumental, and also, because of the new focus thanks to CNN's running of "Blackfish" that has been focused on this issue.
I'm afraid, though, Zoraida, it's going to be weeks, maybe even months before we find out what the final say is.
SAMBOLIN: All right, Martin Savidge live for us, thank you so much.
SAVIDGE: You're welcome.
BERMAN: So the Atlanta Braves are bound for the suburbs and the city's mayor says, good luck with that.
Kasim Reed spoke earlier, one day after the city's baseball team said it was moving out of downtown and moving to the north to Cobb County.
Reed said the team just wanted too much money to fix up its current stadium and he wasn't going to, shall we say, play ball.
(BEGIN VIDEO CLIP)
MAYOR KASIM REED, ATLANTA: The bottom line is, I still want the Braves to be in Atlanta, but let me clarify something.
When I said the deal wasn't done, I want to be clear. I wasn't saying that we were going to take -- we were going to still -- we was going to try to interfere with Cobb's deal. I'm not interested in doing that.
But, if that deal does not close, because I've been through a stadium process and I know it has its ups and downs.
(END VIDEO CLIP)
BERMAN: Cobb County is now going to have to pay up $450 million to help pay for the new stadium, and that might not be an easy sell in a place where there are a lot of conservatives who don't want to spend public money.
And, by the way, traffic is really bad and could get a lot worse with the new ballpark. A vote on stadium funding is expected before thanksgiving.
SAMBOLIN: And the Harlem Globetrotters fast move on the hard court turns into a frightening accident. This was all captured on video and it was posted online.
"Bull" Bullard was going for a monster dunk when this happened.
Oh, gosh. So that entire basket collapsed and crashed down on top of him. The backboard shattered into pieces.
The Bleacher Reports sports Web site reports this happened during a game in Honduras. Fortunately, he walked away with just a cut on the forehead. Things could have been much, much worse.
BERMAN: You know, you see these guys doing those dunks. I have to say, I'm surprised it doesn't happen more often, backboards don't shatter and fall on them.
Risky business.
SAMBOLIN: Luckily, he's OK.
BERMAN: That's one of the reasons I'm happy I can't dunk.
Coming up for us, what is the tallest building in America? One World Trade Center in New York or Chicago's Willis Tower?
A decision has just been made after a big fight. We've got reporters standing by in both cities. We will tell you which one of these fine reporters is the winner.
Well, not really the reporter, but the city, when we come back. Stay with us.
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SAMBOLIN: It is the grand debate. Since 1974 Chicago Willis Tower, formally known as the Sears Tower had been the tallest building in our nation, but it is about to lose that title.
The Council on Tall Buildings and Urban Habitat -- sounds very official, doesn't it -- says New York's One World Trade Center will be the new tallest at 1,776 feet as soon as it is finished. That height includes a 408-foot spire.
It is a poignant moment for the city, but a bit of a heartbreaking one for Chicago.
So, let's bring in CNN's Poppy Harlow. She is in New York, and George Howell is standing by in Chicago.
Poppy, I'll start with you. You know I'm a die-hard Chicagoan, but I was rooting for New York on this one.
POPPY HARLOW, CNN CORRESPONDENT: Right. Yes, I mean, I hear you, Zoraida. I think this is less about the competition of the cities this time because of the significance of this building.
I apologize for all the noise. We're in the middle of the street in New York City, but at 1,776 feet tall, this is a symbolic number, an iconic number.
Let's take you up to look at it because it marks and symbolizes the birth of our democracy. This was the intention of the designers, the architects from the beginning and what this council determined is what you're looking at is not an antenna but a spire.
If it was an antenna, like on top of the Willis Tower, it wouldn't count in the height of the building. This wasn't intended to be, it is a permanent part of this building.
Therefore, One World Trade center becomes the tallest building in the United States, the third tallest building in the world.
But this is a lot more than just the height. I just talked to a man that I've known for a while, covering this, Mike Pinelli, the superintendent of One World Trade Center.
He has been building this for the last five years just about what this means and if this is bigger than competition between two big cities. Listen.
(BEGIN VIDEO CLIP)
MIKE PINELLI, CONSTRUCTION SUPERINTENDENT, ONE WORLD TRADE CENTER: Tower One symbolizes everything that was lost on 9/11. Our spire is just candles on the cake. It's really about 9/11 and redevelopment of the whole project. It's good stuff.
HARLOW: For you, personally?
PINELLI: For me personally, it's awesome. I've been involved -- I was down here helping with the recovery and I was building I'm down here with Tower One. For me this is the epitome of my career.
(END VIDEO CLIP)
HARLOW: The epitome of a career for sure.
I spent some time over the last few years walking around the construction site as they were building higher and higher and higher, and now it's going to open its doors in a year, really less than a year, next year.
Astonishing what they have been able to accomplish here. New Yorkers telling me today that this city is about survival and another New Yorker not saying about the height so much as just the fact that they rebuilt it here.
Zoraida?
BERMAN: I don't really care about the height of the building. I'm thrilled that New York (inaudible).
I'm just happy that it's getting done and thrilled to see it look so beautiful right now.
But, George, let's go to you in Chicago. I do understand if people in Chicago take this a little bit hard.
GEORGE HOWELL, CNN CORRESPONDENT: Well, John, really, yeah, to some extent, but technically and just technically until the One World Trade Center is completed the building you see back here remains the tallest in North America.
And, look, for people who come here to visit Chicago, we can show you, firsthand, this building has not lost its luster.
(BEGIN VIDEOTAPE)
HOWELL: Wanted to take you up, some 1,354 feet above the city of Chicago. It is a spectacular view out there here from the Willis Tower, better known to people as the Sears Tower.
People still show up. This is the place you want to be when you want to check out the view over here in Chicago.
Come over here to the sky deck. I'm joined here by Bill Utter, and you're a spokesperson with the Willis Tower.
What does this decision mean? How does it affect people showing up to check out the view here at this building?
BILL UTTER, WILLIS TOWER SPOKESMAN: Today on this wonderful sunny day in Chicago, we're standing here in this glass box we call "the ledge" and you are standing in the tallest occupied spot in a building that you can stand in North America.
That will continue to be the case regardless of the decision today by the council. So, from our perspective what makes this building great remains.
We also welcome One World Trade Center to this unique club of elite, tall buildings.
We think it is a wonderful structure and a great symbol of American resiliency and we also know here at the sky deck and the ledge you are standing as high as you can in a building in North America.
HOWELL: And that doesn't change.
UTTER: And that doesn't change.
HOWELL: Bill, thanks.
And if you look down there, you can tell this is a very tall building and regardless of the decision, certainly, the vantage point here is spectacular and a landmark here in Chicago.
(END VIDEOTAPE)
BERMAN: So, George Howell, winning the award for the coolest interview location of all time and the scariest.
George, you know, what do they think about this whole spire thing, the fact that it is putting a spire One World Trade Center over the top?
Do people in Chicago think this is like a technicality?
HOWELL: Look, there are some who are hung up on that technicality and, look, there has always been, John, a friendly rivalry between these two major cities.
I mean, what can you say, you know? The Bears beat the Giants just last month. You know, you get that in, but aside from all of that, I think people here in Chicago when you talk to them, and really anywhere you go, when you see what's happening there in New York and rebuilding that iconic structure, you know, you can tell people here are proud to see it, really anywhere you go.
BERMAN: Zoraida was trying to convince me that Midwesterners are friendly. They're probably taking this well.
SAMBOLIN: Such good people, they are taking it well.
But they still have the cool ledge at the Willis Tower so --
BERMAN: Sears Tower. I hold on to the past.
Poppy Harlow, George Howell, thank you so much for being with us. We appreciate it.
HOWELL: Thanks.
BERMAN: Coming up for us next, saving for retirement, is it getting you down? We have five tips you need to know to become a 401(k) millionaire.
I got to tell you. This is a really hot story online. These are great tips. SAMBOLIN: But next, a white candidate who won an election by pretending to be a black man, we're going to hear from him and why he did it, right after the break.
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BERMAN: You know, it's probably not too often that Sarah Palin agrees with Bill Clinton, but today she sort of made an exception.
In an interview with CNN's Jake Tapper, Sarah Palin recalled statements that Bill Clinton made while he was stumping for his wife during the 2008 campaign.
You remember that the former president seemed to imply that then Senator Barack Obama, well, that he maybe wasn't as qualified as his wife to be president.
That full interview comes up in the next hour on "THE LEAD" with Jake Tapper. I got to say I'm super excited to see the whole thing because I have seen some clips. Jake, lay out what exactly was she saying?
JAKE TAPPER, CNN ANCHOR, "THE LEAD": Well, we mostly talked about today's politics and her new book, which is about Christmas, the meaning of Christmas to her and her views on what she sees as a war on Christmas.
But, of course, I asked her about some other issues. One of them had to do with what she and Secretary of State Hillary Clinton experienced when they were candidates. Take a look.
(BEGIN VIDEO CLIP)
TAPPER: So I know you're not -- you wouldn't vote for Hillary Clinton if she ran for president, but I remember in '08 after you got the nod, you talked about the unfair media treatment that Hillary Clinton got when she was running for president.
SARAH PALIN (R), FORMER VICE PRESIDENTIAL CANDIDATE: Yes.
TAPPER: And you probably feel like you got some of that unfair media treatment as well, sexism.
If there's any woman out there thinking of running for president, what can she expect?
PALIN: She can expect that sexism, but you overcome it, you know. You ignore it. Thicken your skin and you march forth with your message, your priorities, your agenda that you believe is right for America.
Yes, Hillary Clinton was mistreated when it came to appearances, when it came to wardrobe, you know, petty superficial things that the men don't ever seem to hear much about, but a woman candidate will.
TAPPER: Governor Christie hears about his appearance.
PALIN: That's because it's been extreme, OK, so it's hard for some people not to comment on it.
(END VIDEO CLIP)
TAPPER: So that was Sarah Palin commenting on Chris Christie's weight, when I pointed out that he is also subject to some of the "look-ist" calls, certainly not sexist ones, but other biases might come into play.
And the whole interview airs in seven minutes.
BERMAN: I can't wait to see it. Calling Chris Christie's appearance extreme and hard to not comment was certainly interesting, and I'm sure there's a lot more in there that will pop off the screen, as well.
"THE LEAD" with Jake Tapper starts in just a few minutes. I don't want to give too much away, Jake, because we all want to watch.
TAPPER: I just want to say, it was the first time I have ever heard her talk about being born again, which is something I -- so that was something I found really interesting.
BERMAN: That really will be new. I can't wait to see that either. That will be great to see.
All right, Jake, really appreciate it. Thanks so much.
TAPPER: Thanks.
SAMBOLIN: I imagine that a "born-again" Christian he was talking about.
All right, coming up next, it's got everyone clicking on CNN.com, the secret to retiring with a million bucks in your 401(k).
Christine Romans gives you all the tips, right after the break.
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SAMBOLIN: All right. Here we all go dreaming. We would like to be millionaires, right? A lot of us apparently can be, at least by the time we retire.
CNN's Christine Romans explains what it takes to strike it rich by the time you call it quits.
CHRISTINE ROMANS, CNN CHIEF BUSINESS CORRESPONDENT: Zoraida, for regular working Americans, there's a tried and true secret to becoming a 401(k) millionaire.
Fidelity studied the habits of people who earned less than $150,000 a year, but who have a 401(k) balance that tops $1 million. Their secret? Zoraida, they started saving young and socked away a big chunk of their paychecks.
How big? Fourteen percent of their pay each year before the company match. Here's the catch. These 401(k) millionaires put aside a median of $13,300 of their own cash, add in an employer contribution for a whopping $17,400 each year in retirement savings. They took the free money, that's the company 401(k) match, and weren't too conservative.
Remember, the younger you are, the more stocks you should have in your portfolio. Bonds and savings accounts have very low returns for savers and conservative investors.
How much of your portfolio should be in stocks? Try this simple math. Subtract your age from 120. That means if you're 40, your 401(k) should be about 80 percent stocks.
It pays to save early and to save a lot. It also pays to watch out for fees. Over the course of your working life they can suck as much as $100,000 out of your savings.
Bottom line, 401(k) millionaires save early, save a lot and live beneath their means and invest in stocks.
Zoraida?
SAMBOLIN: Oh, no. I'm trying to do all these calculations here, trying to figure out how much money -- I know -- see how much I have to go.
But here's what I want to know. Does that take into account the fact that you have to also have to save to send your kids to college?
BERMAN: Separate savings account right there on the 401(k). Tell you to max that when you can.
And, of course, you've got to have a job to do that, too, but that is great advice.
SAMBOLIN: Start young. That is the great advice.
BERMAN: All right, that's all from us here today on NEWSROOM.
If you didn't catch all this, you can watch it tomorrow at 5:00 a.m. on "EARLY START," then we'll be right back here again tomorrow.
Now "THE LEAD" with Jake Tapper begins right now.