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Cold Temperatures Hit Parts of U.S.; Green Bay Playoff Game Possibly Coldest in NFL History; Girl Declared Brain-Dead after Tonsillectomy; Family of NFL Player who Committed Murder-Suicide Suing NFL; Religious Groups File for Exemption Under Obamcare Provisions for Contraception Coverage
Aired January 04, 2014 - 10:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
ALISON KOSIK, CNN ANCHOR: Coming up at the top of the hour: An NFL player murders his girlfriend and kills himself. Now his mother is suing his team. Did traumatic brain injuries drive him to do it? The family's attorney steps into the CNN Newsroom right now here on CNN.
(BEGIN VIDEO CLIP)
GOV. DANNEL MALLOY, CONNECTICUT: We'll have wind chills as low as 25 below it is anticipated.
(END VIDEO CLIP)
VICTOR BLACKWELL, CNN ANCHOR: The governor of Connecticut sounding the alarm about the deep freeze on the way. Listen, if you think that you might avoid it, consider this -- 140 million Americans are facing temperatures below zero.
KOSIK: He murdered his fiancee, killed himself, and left his baby an orphan, but now the mother of former NFL star Jovan Belcher is telling a court it wasn't his fault.
BLACKWELL: If you missed the '67 Ice Bowl, hey, you have a second chance. Tomorrow's playoff game at Lambeau field is expected to be the coldest pro football game ever, even colder than the '67 Ice Bowl. And that begs the question, is it even safe to go and watch it?
KOSIK: Good morning, I'm Alison Kosik.
BLACKWELL: I'm Victor Blackwell, 10:00 on the east coast, 7:00 out west. You're in the CNN newsroom.
KOSIK: Digging out. That is the story this morning for tens of millions of you across 20 states who got walloped by the deadly winter storm.
BLACKWELL: We're talking from the Midwest to New York and beyond. The monster system dumped as much as two feet of snow and ushered in bitter temperatures, in some places, 23 below. That's in New England.
KOSIK: Oh, it's cold. The storm also being blamed for seven death, including an elderly woman in Pennsylvania who wandered away from home. BLACKWELL: For travelers, major headaches -- cars frozen in their tracks, thousands of flights cancelled, including almost 800 just so far today.
KOSIK: And guess what? It's not over. In the next few days, almost half of the country is expected to plunge into bone-chilling cold like we haven't seen in more than a decade. Pedram Javaheri is keeping an eye on the arctic blast from the CNN weather center, and Margaret Conley is in Boston. But first let's get the latest from Alexandra Field on Long Island.
(BEGIN VIDEOTAPE)
ALEXANDRA FIELD, CNN CORRESPONDENT: The massive storm that pummeled New York is followed now by a massive response. But plummeting temperatures have officials warning that some of the most dangerous conditions are still ahead of us.
MAYOR BILL DE BLASIO, NEW YORK CITY: The best option today is stay close to home. The best option is not be outside too long.
FIELD: New York City's mayor Bill de Blasio shoveled his own driveway despite the bitter wind chill that prompted officials to keep schools closed Friday.
UNIDENTIFIED MALE: It's nasty out here, very nasty. I could have stayed home, I would have stayed home. Stay home. If you don't have to come out, stay home. That's it.
FIELD: New York City saw almost eight inches of snow. A foot of snow fell on Long Island. During the worst of the storm Thursday night into Friday morning, a driving band kept cars off of some of New York's busiest interstates. The Long Island Expressway shut down for eight hours because of blizzard conditions. Holiday travelers were stopped in their tracks. Passengers were grounded in New York City's airports.
UNIDENTIFIED MALE: When I talked to them, they said it would be a couple of days before the next flight to Toronto. So I just booked myself a bus ticket.
FIELD: That might be one option for people fighting to get out. But what to do if you're stuck at home waiting for that snow to clear?
UNIDENTIFIED MALE: My plan is to wake up early tomorrow, look out the window, see what it looks like, get the snow-blower out and try to get to work.
FIELD: If that's the case, Connecticut's governor has some advice for you, too.
MALLOY: If you want some tips on how to deal with the cold, first of all, I'll give you mine. Don't put your tongue on a flagpole.
(END VIDEOTAPE) FIELD: Good advice considering the fact that the mercury fell to almost zero in New York city overnight. That's the first time since January of 1994. But we have some good news to report, too. Before these bitterly cold temperatures return in just a couple of days, we'll see a little bit of a warm-up first. Here in Sayville, we've already gone from two degrees earlier this morning up to about 10 degrees. Alison, Victor?
KOSIK: Nice warm-up. Alexandra Field, thanks.
BLACKWELL: Let's turn to Boston now where people are digging out from the snow there. CNN's Martha Conley is there. You still in the middle of the street there, Margaret? Sometimes the safest place to be, right?
MARGARET CONLEY, CNN CORRESPONDENT: Victor, yes. It's not bad. It's freezing here, actually. Massachusetts -- some areas of Massachusetts got up to about two feet of snow. Last night there were record temperatures. As you can see on the street here, not many people are outside, but Bob here, he's shoveling out his spot. He said his engine froze, so he was warming it up, and now he is a conscientious snow shoveler. He's putting it into his truck, because there's not much space on the road, so he'll take that over to the car -- the car wash and melt it out there.
The wind chill advisory that was supposed to last until 9:00 this morning, that has been lifted. But, you know what, it's not over. We had snow, we had wind, and guess what's coming next -- rain. We're going to get lots of heavy rain tomorrow and into Monday. The emergency officials have actually issued warnings for people with regards to their rooftops. Snow has accumulated, the heavy rain is going to make it heavy, so they're asking people to clear off their roofs so they don't collapse. But, of course, when you're going to do that, if you're climbing up the ladder, be very, very careful. It is still slippery and wet out there. Victor, Alison?
KOSIK: Margaret, is it hard to talk, because you feel frozen. I know when my face is frozen, I can't move my lips.
CONLEY: Yes, I thought you guys wouldn't notice, but you caught me. It's freezing!
KOSIK: All right. Well, get inside, get warm inside that truck. Margaret Conley in Boston, thank you.
BLACKWELL: If you live in the Midwest, today is the day to stay inside. Maybe hot chocolate. Do people still wear Snuggies? I don't know.
KOSIK: I bet this day they do.
BLACKWELL: A dangerous arctic blast is expected to pass through. Meteorologist Pedram Javaheri has the latest from the CNN severe weather center. Pedram, good morning.
PEDRAM JAVAHERI, AMS METEOROLOGIST: Yes, Victor, the cold temperature that we're watching, some of the coldest in the 21st century. Really you have to go back to the mid-1990s to see this, and typically once a decade, once every two decades we see something of this magnitude.
And I just want to talk about the wind chill and frostbite concern. When temperatures are around 10 miles an hour, it makes the air feel 28 below, frostbite about 38 minutes. A large portion of the upper Midwest, including portions of Minneapolis, have lows on Monday morning around 20, 25 below zero. You factor in the 20 mile-an-hour wind, the wind chills could be as cold as 61 below zero, and that's a major concern here, because we know hypothermia will be a problem. And the CDC actually says about 1,300 people a year succumb to hypothermia and about 70 percent are men. So something to keep in mind over the next few days with temperatures expected to get the coldest we've seen in quite some time.
But record high temperatures in jeopardy, and we're talking record cold high temperatures. In fact, Minneapolis, forecast high is 18 below zero. The coldest they've ever seen for a high temperature is minus 14. Chicago also expected to get to the value of near record high cold temperatures, and Detroit also in line with that, as well. In fact, Detroit and Cincinnati have only had temperatures below zero five times in their history, not exceeding zero for a high temperature. This could be a concern, and it could be number six for them come Monday afternoon across this region into Tuesday, and some, again, coldest high temperatures Chicago has ever seen are also in the forecast as we head in towards Tuesday, as well.
But here's what's in line over the next 24 hours. The second storm system of 2014 begins to push across portions of the central plains. Back behind it, snow showers, and in front of it, we do have rain showers in the forecast for the northeast. That's the initial setup, at least. Here's what we're talking about -- seven to 10 around St. Louis. We'll also see about 10 inches out of Chicago, and Indianapolis could get a foot of snowfall as we head into the morning hours on Monday, and that's when the coldest air comes in. Look at these highs expected around Minneapolis. Minus 13 on Monday afternoon while Chicago minus 10 to minus 11 in some parts of town, and Detroit also cooling off to below zero as we head in towards Tuesday. So we talk about the 140 million people expected to see subzero temperatures, this one will be a memorable blast to start off 2014, guys.
BLACKWELL: Pedram full of good news. Thank you.
KOSIK: Bring on summer.
The CDC saying the number of states reporting widespread flu activity jumped from 10 to 25 last week. When they say widespread, that means half of the state's geographic regions, like counties, are reporting activity. The most common strain has been h1n1, formerly known as swine flu. The CDC says six children have died since the end of September and some states have also reported adult deaths.
BLACKWELL: Coming up, it's being called the freezer bowl, or I like Ice Bowl II. KOSIK: Yes, that sounds good. Sunday's NFL playoff game at Lambeau Field could be the coldest on record. One former Green Bay Packer tells us what it's like playing on the frozen tundra. That's coming up.
(COMMERCIAL BREAK)
BLACKWELL: Tomorrow's Packers-49ers playoff game could go down as the coldest game in football history.
KOSIK: Jared Greenberg, what you got?
BLACKWELL: I was going to let you do that. Jared?
JARED GREENBERG, CNN SPORTS CORRESPONDENT: Yes, hi. It is perfect football weather for the fans that love the freezing cold. It's unbelievable. Temperatures expected to reach minus 20 with a wind chill around 40 below in Green Bay. And hundreds of those fans showed up yesterday to shovel out the stands ahead of tomorrow's game against the 49ers. The good news is the fans braving the bitter cold will get a little something extra to help them stay warm. The team is planning to provide free coffee and hot chocolate during the game. I'm sure that will help with minus 20 temperatures. And a local store will also get out 70,000 hand warmers to the fans.
The game could be even colder than the infamous Ice Bowl back in 1967. The wind chill was estimated at 48 degrees below zero on that one. The kickoff scheduled tomorrow at 4:40 p.m. eastern, and if you live in Wisconsin but don't have a ticket to the game, consider yourself lucky, but also have no fear, you'll be able to watch the game, because all tickets are sold out, so there won't be a blackout. There's also two games today -- the Chiefs play the Colts in Indianapolis. That game's inside, although there's bad weather outside. And then later on tonight, the Saints are in Philadelphia to play the Eagles. It will be pretty cold in Philly.
BLACKWELL: How long do you think it takes a cup of hot coffee to become a cup of ice coffee in Green Bay?
GREENBERG: I wouldn't let it get that long.
KOSIK: It's a beer.
GREENBERG: Listen, Sanjay Gupta said beer is not the solution.
BLACKWELL: That's true. Less drinking, have a heavy meal.
GREENBERG: I heard that one.
BLACKWELL: Jared Greenberg, thank you.
KOSIK: All right, so let's go ahead talk more about the possibly historic game this weekend at Lambeau field. According to the National Weather Service, on Sunday players could take the field when it feels like 19 below zero, and others have the estimates even colder. Meaning this could be one of the coldest, or at least one of the coldest games ever played in the league's almost 100-year history. Former Packers offensive lineman Mark Tauscher joining me for more. So what does it feel like playing at Lambeau in these really bitterly cold temperatures?
MARK TAUSCHER, FORMER NFL PLAYER: Well, I think everybody assumes that there's a home field advantage. Nobody really wants to be out in negative 30 and 40 degree weather. It stinks, but once you get playing and you get a couple of snaps and you get moving around, you kind -- you hope to forget about the weather, and I think that's usually what happens until you get off to the sideline.
BLACKWELL: You think there's a greater chance for injuries since it's so cold? And does it hurt more? Is it more painful, and you're talking to a man who's never played a game of football in his life, but is it more painful to get hit in those temperatures?
TAUSCHER: I think in the beginning a little bit, but once you're out playing, you really go back to playing football. It's not really -- after the game, when you're trying to unthaw and you feel all of the things that because you're numb when you're playing, you don't feel it as the game is going on, but I tell you, it hurts a little bit more when you get into the locker room and you start warming up, and then all of the nicks come up and you feel them.
KOSIK: What do you think is worse -- standing on the sidelines and cooling down, hanging out like the fans, or getting in there and running and hitting?
TAUSCHER: Oh, for sure, it's standing around. That's why I give the fans a lot of credit, because to sit out in these temperatures, it's got to make for a long day. When you're out there playing and running, the adrenaline is kicking in, you're not really feeling it. When you're standing on the sideline, or you're sitting in the seats, you have to work hard to stay warm.
KOSIK: We're looking at great pictures of you right now -- well, not right now, but before --
BLACKWELL: You know, some of the pictures, you were not wearing sleeves, and I know all of the photos work during games, you know, 20 below. But I understand from Jared, we were talking during the break, there's this tough-guy image, or at least there was a tough-guy image that the player didn't wear sleeves or didn't wear the longer sleeves. How about now?
TAUSCHER: This is the weird part. You kind of scout and you try to figure out, can I wear sleeves that aren't completely down, because there's kind of that macho manly image you don't want to go out with sleeves. But if you're -- you know, thinking rationally, you don't want exposed skin. So you come up with putting salves and balms on there to keep the arms warm. Now that I'm out of it a few years, I would probably go back and wear sleeves, but with that herd mentality, guys still decide it's a psychological advantage to not wear sleeves, even though probably science would tell you it would be a smart move to wear them.
KOSIK: Does the league put any safety measures into effect to make sure the players are safe?
TAUSCHER: You know, once the ball is snapped, I don't think there's a lot of things the league can put in place. They're not going to cancel the game. I never heard that happen. But every team -- you know, both teams have the same temperatures. You know, things you have to alter probably because it's easier to do when it's this cold. No, once the game starts, it's game as usual.
BLACKWELL: Mark, you talked at the top about not being a home field advantage, but I have to imagine, you have a team coming from San Francisco to play in Wisconsin. There has to be some home field advantage. What do you expect to see this weekend?
TAUSCHER: I think the fact that you live in the conditions is a little bit of an advantage, but I don't think anybody likes being outside in these conditions. You know, with Green Bay, they throw the football a lot, and not to get too technical, but they now have a running game. It's easier to run the football in these conditions. But with that said, this weather -- this weather is going to be brutal for both teams. Both teams will have to adjust. Whoever adjusts the best will be the team that wins.
BLACKWELL: All right, Mark Tauscher, former Green Bay Packer. Thank you for breaking it down for us. We talked so much about the perspective of the fans in the stadium, and good to know what's happening on the field.
TAUSCHER: Stay warm, thank you, guys.
KOSIK: A Supreme Court justice is playing referee in a fight over Obamacare. The case has put the White House up against some nuns in a battle over birth control.
(COMMERCIAL BREAK)
BLACKWELL: Good morning, Washington. It is 10:21 there in the nation's capital, and relatively warm today when you consider the temperatures around the country, 37 degrees.
KOSIK: Balmy.
BLACKWELL: Balmy.
KOSIK: Yes.
BLACKWELL: You could probably take off the earmuffs in that weather.
KOSIK: And speaking of Washington, the Supreme Court facing another thorny question about Obamacare.
BLACKWELL: This week, a coalition of religious nonprofits asked the Supreme Court to block a key provision.
KOSIK: It forces them to offer birth control to their workers, and they want to be included in an exemption for religious groups. Sunlen Serfaty joins us now from Washington with more. Good morning, Sunlen. How soon do you think the decision by the court will happen?
SUNLEN SERFATY, CNN CORRESPONDENT: It could happen, Alison, this weekend, or it could go into early next week. Now, under Obamacare it's a mandate for nonprofit religious-based organizations to provide birth control to their workers. Unless, and this is really the key here, they sign a form that expresses their objections and also allow a third-party insurer to provide that coverage.
Now, churches and houses of worship, they're exempt from the mandate. This week, a home for the elderly run by Catholic nuns in Denver, asked the Supreme Court to block the enforcement of this. The nuns say that it still violates the religious beliefs. Let's take a listen to what their lawyer says.
(BEGIN VIDEO CLIP)
CECILE RICHARDS, PLANNED PARENTHOOD FEDERATION OF AMERICA: The bigger question is that there are for-profit companies trying to say they don't want to provide birth control coverage even though they are for- profit companies. It is -- I really want to say it's because of the CEO's personal opposition to birth control, they shouldn't be required to provide this kind of coverage. That's a very separate and distinct issue than the one that this order of nuns has raised.
(END VIDEO CLIP)
SERFATY: Now, that was actually Planned Parenthood, arguing the other side of this case. But the ball now is in Justice Sotomayor's court, but it's important to note it won't be the final word. Any decision would be limited in nature, and that means it would only deal with blocking temporarily enforcement of this.
BLACKWELL: So, of course, these nuns are waiting for the decision, other nonprofits are waiting. But this is also something private companies have -- are watching. They have the same concerns. Will it affect their cases, too, or just these religious nonprofits?
SERFATY: Well, that's a great point, Victor. That's an important distinction. The legal battle over the mandate is being fought on two fronts. One is from the religious-based nonprofits, which we just talked about, but also, as you said, from businesses, as well. Any decision from Sotomayor would not affect the business legal battle. They are a little farther ahead in their fight, as well. The Supreme Court is planning to hear arguments from them in March.
KOSIK: OK, Sunlen Serfaty in Washington, thanks.
BLACKWELL: A top secret federal court has reauthorized the NSA's mass phone records collection program. This is the first time the Foreign Intelligence Surveillance court, also if you have heard the phrase, FISA court, first time it's ruled since two court issued rulings on the legality of the program. Once court deemed likely unconstitutional, the other upheld. Both rulings have been appealed, so the issue could eventually head to the Supreme Court.
The program first came to light through documents leaked by this man, former NSA contractor Edward Snowden.
KOSIK: Republican Senator Rand Paul is now leading a class action lawsuit against the Obama administration for the NSA's policies. He claims it violates the Fourth Amendment, which protects people from unreasonable search and seizure.
(BEGIN VIDEO CLIP)
SEN. RAND PAUL, (R) KENTUCKY: We now have several hundred thousand people who want to be a part of this suit to say to the government and to the NSA, no, you can't have our records without our permission or without a warrant specific to an individual. So it's kind of an unusual class action suit in the sense that we think everybody in America who has a cell phone would be eligible for this class action suit.
(END VIDEO CLIP)
KOSIK: Paul has a page on his Web site for people to sign up to join the lawsuit, and it also asks for a $25 donation. One federal judge said last week the NSA's program is valid under the patriot act, which was approved by congress.
ThAT rescue mission in Antarctica may have hit another snag. You know the Australians and the Chinese and the French, they all sent ships. But now one ship that actually helped in the rescue, it may be trapped in the ice, too.
(COMMERCIAL BREAK)
KOSIK: Bottom of the hour now. Welcome back. I'm Alison Kosik.
BLACKWELL: And I'm Victor Blackwell. We have five things we're watching for you this morning.
KOSIK: Number one, bitter cold and snow blanketing 20 states and even the animals are getting in on the action. About 100 million people are still feeling the effects of a blizzard that dumped two feet of snow in some places, and now a dangerous arctic blast is set to rip through half of the country. And depending on where you live, it could be colder than it has been in more than a decade.
BLACKWELL: Number two, that Chinese ship that sent a helicopter to airlift passengers off an icebound vessel in Antarctica, it now itself is stuck in the ice. The Australian authorities say the crew aboard the Chinese icebreaker plans to break free from the thick ice sometime today. An Australian icebreaker is transporting the 52 rescued passengers to Australia after finishing a resupply mission.
KOSIK: Number three, this morning, the fighting in Fallujah and Iraq intensifies as the Iraqi army shelled the city in an attempt to regain control. Officials say seven people were killed and 31 were wounded. The fighting is between Al Qaeda-backed militants and the Iraqi security forces. And 80 people were killed earlier this week, and 60 were militants.
BLACKWELL: And number four --
(MUSIC)
BLACKWELL: Rock n roll legend Phil Everly has passed away. The Everly brother soared to the top of the music world in the late 50, early 60s, with hits like that one you hear, and they influenced the likes of the Beatles. Phil Everly's wife told "The L.A. Times" he died Friday in California from complications from chronic obstructive pulmonary disease. Phil Everly was 74 years old.
KOSIK: Number five, Paul Walker and his friend were traveling faster than 100 miles per hour before the Porsche they were riding in crashed. That new info is from the final coroner's report. It says the "Fast and the Furious" start died right away, and said they were badly burned and suffered severe trauma and fractures, and said the driver lost control for unknown reasons.
BLACKWELL: A key provision of the Obamacare law is on hold for now. And this woman, Supreme Court Justice, there she is, Sonja Sotomayor, she could be the deciding factor on whether or not it stays that way. Here's the issue. It's the law's so-called contraception mandate. It deals with certain religious affiliated groups and their requirement to cover birth control in the employee insurance plans.
Just hours before it was to go into effect this week, Justice Sotomayor delayed the mandate after a group of Catholic charity nuns sued the government, saying it violates their religious liberties. We've got with us now Will Cain, a CNN political commentator and columnist for "The Blaze," and Errol Louis, a CNN political commentator and political anchor for New York 1 news. Thank you so much.
Let's get right into it. I want to start with you, Will. So the White House says in their response, they issued a statement saying a charity group isn't subject to the mandate, because it does not apply to self-funded church plans. Here's the quote from the statement, "We remain confident that our final rule strikes the balance of providing women with free contraceptive coverage while preventing nonprofit religious employers with religious objections to contraceptive coverage from having to contract, arrange, pay, or refer for such coverage." Are these the wrong litigants?
WILL CAIN, COLUMNIST, "THE BLAZE": You know, you bring up the fact they've outsourced the health care coverage to third-party, Christian Brothers insurance company, whether they then have standing to bring the case. I don't know. Victor, to be honest, that's a very, very legal question. The question is for the court whether these guys have standing.
But the issue will remain, because it's not just the litigants of the Little Sisters of the Poor. There's priests out there and the University of Notre Dame. So the issue remains and is, should nonprofit religious affiliated institutions be forced to cover birth control.
And the administration's response is this, how you have to do, Little Sisters of the Poor, is sign over a document telling your insurance company to cover it, that you're not going to. And they say that, as well, violates our conscience. You're forcing us to find someone to cover a product that we have religious opposition to. I think they have the case right. I think the Little Sisters of the Poor and Priests for Life and the University of Notre Dame are being forced to violate their religious conscience.
BLACKWELL: How about it, Errol, if it's this group or any other?
ERROL LOUIS, CNN POLITICAL COMMENTATOR: Well, it's an interesting question, and it will be fascinating to see it make its way to the Supreme Court. Because it's one thing to say we don't think that we should have to cover this. It's another then to say, we don't even want to make it possible for our employees to go elsewhere, to an outside company that Notre Dame, for example, the Little Sisters of the Poor, would not pay a dime in insurance money to. We don't even want that to be possible. And our conscience demands that we try to stop these people from getting contraceptive care.
If you start pulling on that string, you have to start adding people like the Christian Scientists, the Jehovah's Witnesses, who don't believe in blood transfusions, next thing you know, you have no insurance company -- I mean, no insurance at all. People have got to be able to be free on some level to go out and find the care that their doctor says that they need, and I think the religious employers are playing a fairly weak hand, but it will be fascinating to see how it works its way out as it gets to the court.
BLACKWELL: Errol, the law on a broader scale, the administration says 2.1 million Americans have signed up for the insurance, for private insurance through Obamacare, but they're not saying who these 2 million people are. Are they young? Are they old? Or previously insured or uninsured, healthy, sick? This plan is based upon getting a large number of young, healthy people enrolled. Are you concerned that maybe the right people aren't signing up and that will just kind of have this program tumble on itself?
LOUIS: Well, that -- that has always been a concern, and that's a permanent concern of all insurance. There are the so-called invincibles, young people who have never been sick, don't really know how to access the health care system, because they haven't needed it. Frankly the fines in place that are supposed to encourage them or nudge them into the system are ridiculously low, and they won't go into effect for a year or so. So I would be at all surprised if it is mostly people who really need insurance who are the first to sign up. And I don't think that's unintentional or accidental. I think that's exactly what they wanted to do was to get people who needed coverage and have been unable to get it for years, to step up to the plate, at least, that's what I'm hoping. I'm hoping the sick people are getting the care.
CAIN: You know what's fascinating, if I could, Victor. You know what's fascinating about this conversation is it reveals a truth behind Obamacare that it was never sold upon. And that is that it was always a redistributive mechanism from the young and healthy to the old and sick. The whole idea was the young and healthy, the invincibles, as Errol just called them, must pay more for health care. You must not only have health care. You must have expensive health care in order to subsidize the costs of the older and the sick.
And now we're having this debate, are they coming in? Are they willing to pay the fines and not opt into Obamacare? I would suggest to you the fact the administration is not telling us the numbers is very bad for the administration. It would suggest it's the old and the sick and the needy who are in it.
LOUIS: That's what insurance is, though. That's what insurance is, healthy people pay and don't use the system, and the sick people use the system.
CAIN: Except in a normal mechanism-- except in the normal mechanism, it's voluntary.
BLACKWELL: "The New York Times" editorial board this week, they wrote -- let me put up on the screen about Edward Snowden who leaked all of the NSA information -- "He may have committed a crime, but he's done his country a great service. It's a time for the government to offer him a plea bargain or some sort of clemency." Quick thoughts from both of you. I'll start with you, Errol?
LOUIS: I thought it was telling that a senior administration official said, yes, let's get this guy here, and we can offer him clemency in exchange for plugging up the leaks that made the disaster happen in the first place. That sounded very wise to me, although the political people in the White House seemed to shoot it down. So Edward Snowden has a bit of a problem. At some point, he probably should consider coming back to stand before the bar of justice, as did Daniel Ellsberg, the biggest whistle-blower of a prior generation.
BLACKWELL: Will?
CAIN: There are thousands and thousands of government contracted employees are highly classified information at their fingertips. If Edward Snowden gets clemency, what do you tell them when they make conscious decisions about the drone program or anything else? This opens a door that cannot be opened. It doesn't matter if Edward Snowden was right or wrong, a hero or villain. He needs to come back and lay himself at the mercy of his fellow Americans. See how we judge it.
BLACKWELL: We have one of two courts that's upheld this program. Does your answer change if this is seen as -- the program is unconstitutional and he's seen as a whistle-blower?
CAIN: Well, I think -- I --
LOUIS: Victor, as you know, we in the media business, whistle-blowers tend not to be the most savory people. Some of them are strange, dishonest. Some of them have alternative motives. Some are greedy, maybe looking for some sort of a payday. Whether or not he was right or wrong to do this, I think, is not necessarily the most important thing. I think the most important thing is making sure we have a system that both respects constitutional rights to privacy and doesn't give away the store to terrorists and other enemies of the country.
BLACKWELL: Last quick thought, Will.
CAIN: Last quick thought is that my personal opinion is that I have an expectation of privacy that's been violated by this government. I'm glad Edward Snowden made me aware of it. I know the legal and political standard Edward Snowden has to live up to is not whether my fellow American, the majority of them believe, they have an expectation of privacy, in the metadata of phone calls. If they agree with me, then Edward Snowden should be vindicated. If they do not, I wish him look.
BLACKWELL: Will Cain, Errol Louis, good to have you back.
LOUIS: Thanks, Victor.
CAIN: You bet.
KOSIK: Pope Francis has been known to cold-call the faithful, and it happened again, this time in Spain. When Francis called five nuns on new year's day, the sisters weren't home, so he left this voicemail. Listen.
(BEGIN VIDEO CLIP)
(INAUDIBLE)
(END VIDEO CLIP)
KOSIK: Experts say that is the Pope's voice. He opened jokingly saying "What are the nuns doing that they can't answer?" He continued, I am Pope Francis. I wish to greet you in this end of the year. I will see if I can call you later. May god bless you.
BLACKWELL: When the nuns got the message, they decided they'd wait for the Pope to call back, probably a little embarrassed. And sure enough, a few hours later they say he did.
A coroner has issued a death certificate for a young girl in California who was declared brain dead, but Jahi McMath's family is working to transfer her to a new hospital, but they don't have much time.
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BLACKWELL: The same day that a coroner issued a death certificate for a brain-dead girl in California, a judge ruled her family can move her to a new hospital.
KOSIK: Relatives of 13-year-old Jahi McMath agreed with children's hospital in Oakland on a protocol for moving her, but they don't have much time. CNN's Dan Simon has the story. Dan?
DAN SIMON, CNN CORRESPONDENT: There are a few court hearings Friday, the most important one in alameda county court where the tragic case originated. You had the judge and the two sides come up with an agreement that would allow an outside medical team to remove Jahi McMath's body. That may sound like a simple issue, but in fact it's complicated, because according to the hospital, you're talking about a dead person. And they believe that certain protocols need to be met in order to remove a body from the hospital.
Of course, the family believes she is very much alive and wants to move her to a long-term nursing facility. This is what the family lawyer had to say outside of court.
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CHRISTOPHER DOLAN, MCMATH FAMILY ATTORNEY: What we needed to know is that when all of the balls are in line that we could move quickly and not have to then have any impediments so that we all understood what the protocol was and there would be no argument about how it would proceed or no un-pleasantries at the hospital. So this is a victory in terms of getting us one step closer to move.
(END VIDEO CLIP)
SIMON: Now, there's a very big problem here as far as the family is concerned, because to move her to a long-term medical facility, you'd have to have a couple of surgical procedures done in advance, including a tracheostomy and putting in a feeding tube. But the hospital says it is unwilling to perform those procedures on what it call as deceased person. It's unclear if the family will be able to line up some kind of outside doctor. As for the hospital's attorney, this is what he had to say. He says he has one wish for the family.
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DOUGLAS STRAUSS, CHILDREN HOSPITAL OAKLAND ATTORNEY: Personally, it's horrible that this child has died. It's also horrible that it's so difficult for her family to accept that death. And I wish, and I constantly think that wouldn't it be great if they were able to come to terms with the terrible tragic event and that I didn't have to stand here in front of you all time after time.
(END VIDEO CLIP)
SIMON: That was the hospital lawyer getting choked up at the end. This is a very complicated and emotional case. Here you have the hospital. They say they have numerous doctors who have jade Jahi McMath is brain dead, which they say is synonymous with death itself, and on the other hand, a family who has no intention of letting go.
Dan Simon, CNN, Oakland, California.
BLACKWELL: Yes, complicated and emotional, indeed. Another complicated and emotional story, this three-year-old girl left with massive permanent brain damage after a dental procedure. Now, Finley Boyles' parents are suing their dentist. They're saying their daughter got incorrect dosages and improper medications. Neither the dentist nor her lawyer has responded to our requests for comment. But the dental practice's Web site says it's now closed. KOSIK: The mother of Jovan Belcher says the NFL and the Chiefs are responsible for her son's murder-suicide and has filed a lawsuit against both. Could this open the floodgates for future lawsuits with other players? An exclusive interview with the family's attorney is next.
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BLACKWELL: Welcome back. Two people have filed a lawsuit against Facebook. The suit claims Facebook scans messages between users labeled private, and it says the social media company looks for links and other information that could be sold to advertisers. Now, Facebook has not immediately responded, but other media reports the company says the suit is without merit.
KOSIK: A new lawsuit shows why the NFL's legal nightmare over concussions is far from over. A lawyer is suing the Kansas City Chiefs on behalf of Jovan Belcher's young daughter. Belcher is the player who killed his girlfriend and committed suicide in front of team officials back in 2012. The wrongful death lawsuit says the Chiefs micromanaged his life but ignored symptoms that showed repeated blows to the head had taken toll on him. Another lawsuit has been filed by Belcher's mother, and his body was exhumed last month to learn whether his brain showed signs of trauma from his career.
Kenneth McClain filed the suit on behalf of Belcher's daughter. He's an attorney in Kansas City. Paul Callan is a CNN legal analyst and criminal defense attorney and joins me from New York. Paul, let me start with you first. I want your opinion -- yes or no -- do you think Ken can win?
PAUL CALLAN, CNN LEGAL ANALYST: I think it's a tough, tough case, because unlike the other cases, he has a two-part problem. One, he has to prove that traumatic brain injury was caused by playing football for the Kansas City Chiefs. And then secondly, he's got to prove that having that brain injury caused this murder-suicide. So that's a tough hill to climb. I think it's an uphill battle, but it's a very sympathetic case.
KOSIK: The Chiefs are worth $1 billion. If you win, what kind of damages are you asking for?
KENNETH MCCLAIN, ATTORNEY: Well, damages in Missouri are determined by juries. And our lawsuit is focused upon Zoe's well-being and her future. We were appointed by the Jackson County Probate Court to represent Zoe and to try to provide for her future because she lost both parents in this incident.
It's interesting, Paul talks about it, and maybe around the country, the standard would be that it caused the injury. In Missouri, if it contributed to the injury, the Chiefs are responsible. And I think it's very hard to argue that the head trauma did not contribute to Jovan Belcher's emotionalism and his mental instability during this time period. He had a very serious concussion less than a month before this event. He was on a downward spiral. The Chiefs were aware of it. They were sending him to counseling. And he committed suicide in front of the general manager, who during this very time period was riding him very hard, telling him he was a mistake, and that he was going to get rid of him. So I think that the case is a very strong case.
KOSIK: Are you blaming the Chiefs for committing murder?
MCCLAIN: Oh, no. That's not the allegation at all. The allegation here is that Joban Belcher's mental state was in their care and custody. They took control over all aspects of his life, including his mental state, in fact even going so far as to send him to counseling. They were monitoring his mental state at the same time the general manager was riding him, telling him he was on his way out. He had a very serious concussion less than a month before this all occurred, and he was on a very serious downward spiral. The Chiefs owed him a duty of due care, and they didn't exercise it in this instance, particularly in light of the fact at this point in time the Chiefs were very well aware of the effects of concussions and how many players had committed suicide.
KOSIK: Paul, but let me get a question in for Paul here. What do you think, how big of a legal threat are lawsuits like these to the NFL? Is the league's viability at risk?
CALLAN: Well, frankly, I think if this suit is won and other suits like this are won across the country, the NFL would be out of business. What are you going to do, bubble-wrap these players? This is a sport that depends on hard contact between players, and really there's no way to completely protect them from injuries. And to say that he's in the hands of the NFL and they dictate his life, it sounds like he's given up his free will as a player to play football. These are professionals. They assume the risk of a dangerous sport, and they get paid a lot of money for it. So to come up with a new rulebook here and say every time one of them does something criminal the NFL is responsible, you'd put the league out of business if all of these cases were to be won.
KOSIK: Ken, back to the case, you know, you sued in state court. Do you stand a better chance of winning in a local court than federal?
MCCLAIN: Well, the issue is really one of state law, and under the state law of Missouri, as it currently stands, Jovan Belcher's estate can sue the Kansas City Chiefs directly and not be governed by workers' comp. That was the reason to be filing in state court. And because the damages will not be limited in that fashion, yes, I think that we stand a substantial chance of winning in state court. The same law would apply in federal court. But the Jackson County Circuit Court is a very fair forum for everyone, and we will pursue the case there.
KOSIK: Ken, I understand -- go ahead, Paul.
CALLAN: I just wanted to add one other thing that I think makes these cases very, very hard for a jury to decide, ultimately. These professional football player, they start playing football in high school, and, you know, the best players in their town. They get hit hard in high school, and then they play in college. They get hit hard in college, and eventually they become professionals. Who's to say when the trauma occurred that really caused the person to be severely injured? At what point in time, and to say that it occurred in a particular game I think is very, very hard to prove in court. So it's a tough battle, I think, for these players to win and recover in these lawsuits.
KOSIK: Ken, you are also --
MCCLAIN: Well, once again, once again, Paul misunderstands -- yes, Paul misunderstands Missouri law. Under Missouri law, if it caused or contributed to cause, the Kansas City Chiefs are responsible. So we don't have to prove what the one cause was. If his concussions with the Kansas City Chiefs contributed to cause his mental state to deteriorate, which led to this event, we win.
CALLAN: So do you think -- do you think you're going to -
(CROSSTALK)
CALLAN: I agree with you, by the way, yes, that's the standard. I agree. In a lot of other states, as well, I might add. However, don't you think you're going to eliminate professional football with these lawsuits?
MCCLAIN: No, I don't think so.
CALLAN: What is the game going to look like in four or five years --
MCCLAIN: Well, I think that --
CALLAN: -- can't play?
MCCLAIN: Well, that's what's being done now. Every time a player has a concussion, they're having to sit out long enough for their brain to heal so that they don't have these sub-concussive injuries, which are so damaging. The concussions, many legal -- medical experts say, are not the most damaging thing. It's the sub-concussive hits that the brain takes after it's been concussed because it's in such a fragile state. And so, with the -- let me just finish, if you would.
CALLAN: What is the football game going to look like five years from now? You going to bubble-wrap these guys?
MCCLAIN: No, I don't think that -- I don't think that that needs to happen. When a player has a significant hit to the head, they'll have to come out and one of the backups will have to play until that player is cleared to be able to go back into the game.
KOSIK: We'll have to -- I'm going to have to cut it here and leave it here. We're out of time. We will continue following this, continue following this case. Thanks Ken McClain and Paul Callan, for your time.
MCCLAIN: Thank you.
BLACKWELL: We're going to pick that one up. That was a good conversation.
Also, a second mega millions winner steps forward to claim his winnings two weeks late. Really, is it ever too late to claim a few hundred million dollars? Next, we'll tell you what held him up.
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KOSIK: So this guy didn't even know he had a winning ticket. I'm talking about the second winner of last month's $648 million mega millions jackpot. His name is Steve Tran, and he's a delivery driver from northern California. And according to California Lotto officials, Tran was oblivious for two weeks about his massive new fortune.
BLACKWELL: He didn't know he had it. Tran says he bought the ticket for the mega millions game along his delivery route, but it wasn't until a few nights ago that he realized one of them came from the San Jose gift shop that sold one of the winners.
KOSIK: So Tran said he left his boss a message saying, "I don't think I'm coming in today, tomorrow, or ever." Not going back to work.
BLACKWELL: Close call in Montana after a driver loses control and plunges into an icy river. You know the temperatures out there. The driver of the SUV was taken to the hospital Friday and treated for hypothermia. I don't know if you can see -- there it is. Treated after this car slid into an icy -- off an icy road.
KOSIK: Rescue teams were in the water for an hour before they were able to pull her out. There were no other passengers in the car.
All right, that will do it for us today. Thanks for watching.
BLACKWELL: But keep it right here because there's a whole lot ahead in the next hour of Newsroom here on CNN.
