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Boston Struggling with Bitter Cold; New York Digging out from Blizzard; Report: Paul Walker Died soon after Crash; Pot Sales Rake in More than $1 Million; : Packers Giving Fans Free Hot Drinks; Historic Cold Expected For Playoff Game; Fans Go Sledding In Fenway Park; Dr. Gupta: Brain Death Is Irreversible; Death Certificate Issued For Brain Dead Girl; Newspapers Call For Snowden Clemency; Olympic Security Concerns After Bombings
Aired January 04, 2014 - 11:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
ALISON KOSIK, CNN ANCHOR: All right that will do it for us for today. Thanks for watching.
VICTOR BLACKWELL, CNN ANCHOR: But keep it right here, because there's a whole lot ahead in the next hour of NEWSROOM here on CNN. We turn it over to our colleague Fredricka Whitfield. Good to see you Fred. Happy New Year.
KOSIK: Good morning.
FREDRICKA WHITFIELD, CNN ANCHOR: Happy New Year our first full weekend --
(CROSSTALK)
BLACKWELL: Yes.
WHITFIELD: -- together in the New Year.
BLACKWELL: 2014 feels pretty good so far.
WHITFIELD: Yes, it feels good. I like it.
BLACKWELL: Yes.
WHITFIELD: All right thank you so much, guys.
BLACKWELL: See you Fred.
WHITFIELD: It'll be feeling better if we found like you know a ticket that we misplaced -- the winning lottery ticket.
KOSIK: Right.
BLACKWELL: Or a few extra degrees. 10 degrees, 20 degrees would help too.
WHITFIELD: Yes, that would help.
BLACKWELL: Yes. WHITFIELD: All right we'll warm it up in other ways.
BLACKWELL: Yes.
WHITFIELD: Thanks so much, guys.
BLACKWELL: See you.
WHITFIELD: It's good to see you.
All right everybody. It is the 11:00 a.m. hour. Welcome to the CNN NEWSROOM. It starts right now.
Oh, get ready for round two of powerful arctic blast, it's going to put nearly half of the U.S. in a dangerous deep freeze just days after a monster snowstorm slams into nearly two dozen states.
And a month after a popular actor's death, the final coroner's report is in on Paul Walker. It includes graphic details of what happened in that fiery car crash that claimed his life.
And Colorado's new cash cow. Marijuana sales are through the roof and it isn't just the sellers who are making big money.
All right hello, everyone.
Our "Top Story" -- the wave of nasty winter weather that's blasted about a third of the U.S. with heavy snowfall, fierce winds and bone- chilling temperatures. At least 13 deaths are now blamed on this monster storm and the dangerous conditions are about to get even worse. An arctic blast is moving into the plains right now, and then marching east.
And it's going to produce the coldest temperatures the country has seen in 20 years. Parts of the Midwest could see wind chill temperatures as low as negative 60. That's wrong. With frostbite possible in just five minutes. And the subzero temperatures could sweep as far south as Alabama.
All right. In Boston, not only are they dealing with the deep freeze, they're also digging out from mounds of snow. CNN's Margaret Conley is in Boston for us. So Margaret, you're dressed for the weather and lots of snow. It is pretty -- hey and there's a car that is getting by, so people are moving about, aren't they?
MARGARET CONLEY, CNN CORRESPONDENT: Yes Fred, but they had up to two feet of snow in certain parts of Massachusetts. Last night, temperatures were near record lows. But as you were saying, the way some people are coping, they don't want to have to dig out their parking space again, so we found some funny things that people are leaving to save their spots. Look over here we have a postal service box, someone saving their spot right there. Right over here next to it, someone used their box from their fan, they stuffed it with snow, and they left that there, so they don't have to dig out another spot.
And then across the street, we actually have a yoga mat. Someone dropped that down so that no one else takes their spot right there.
WHITFIELD: I can't believe that works.
CONLEY: There's a wind chill advisory -- it's working so far. We've been watching over the last hour.
WHITFIELD: I can't believe it. So people are courteous and they're respecting these markers even with the snowfall.
CONLEY: That's right. There is a Boston code that we've learned here in south Boston, Fred.
WHITFIELD: Oh.
CONLEY: But there is a wind chill advisory. There was one up until this morning at 9:00, but that has been lifted, but, Fred, it's not over. We had snow, we had winds and next up is rain.
WHITFIELD: Oh no.
CONLEY: They're expecting heavy storms tomorrow and into Monday and they're actually -- emergency workers have posted warnings already about people's roofs, because there's heavy snow, the rain is dropping on top of that and they're worried about that making structural problems.
So they're advising people to clear off their roofs. But of course, being careful when you go up the ladders, because it's very slippery and wet out there -- Fred.
WHITFIELD: Oh, yes, this is bad. This is terrible. And it's going to worsen. And certainly they're going to be worried with that rain, it might mean the freezing overnight, then you've got black ice, or at least a nice sheet of ice on top of that packed snow, so driving is going to be far worse than what it is already.
All right Margaret Conley, thanks so much. We'll check back with you.
CONLEY: What a way to start the year.
WHITFIELD: Yes, no way -- no -- no way to start the New Year. All right thanks so much, Margaret.
All right heavy snow and ice closed roads and schools in New York, as well. Our Alexandra Field is on Long Island where folks are dealing with the aftermath of the blizzard, and they are out and about. They're making it look easy behind you, Margaret. I mean -- I'm sorry, Alexandra.
ALEXANDRA FIELD, CNN CORRESPONDENT: Absolutely. Hey, that's all right. We're all standing in the snow wearing hats. Yes they are making it look easy because relatively speaking, Fred, at least it is getting better. I'm almost comfortable right now. We're up to about 16 degrees, a major climb from where we were when I got out here earlier this morning. It was about two degrees then. So I am now down from seven layers to just six layers -- very comfortable. That said, we've still got a lot of snow left behind from yesterday storm with this temperatures continuing to rise, so much of this snow should start to melt later in the day. Officials here on Long Island say that the storm was forecasted for them, they were aware for it, they were prepared for it, they tried not to repeat mistakes that were made in the past. Still with a storm of this size bearing down on the island, they say there were the inevitable problems and officials are even blaming the weather for a death and one accident. Here's what one official told us.
(BEGIN VIDEO CLIP)
BILL LINDSAY, SUFFOLK COUNTY LEGISLATOR: We had over 3,500 calls to the Suffolk County Police Department. There were 350 rescues roughly and unfortunately we did have one fatality early Thursday evening. There was a young lady from Smithtown was killed on the parkway when her vehicle skidded out of control and hit a tree. So we're -- our thoughts and prayers go out to her family and we just ask people to be careful.
(END VIDEO CLIP)
FIELD: You can see that here in Sayville, the traffic is moving well again. Now the roads were treated. They have been plowed now and people are taking the opportunity to get out and enjoy this relative warm-up, because, Fred, we know that in just a couple of days, we're going to be back to these bone-chilling temperatures.
WHITFIELD: Oh, my goodness, all right, fair warning enough. Thanks so much Alexandra Field there in Long Island. So all this bad weather is hitting millions of people who are traveling home from the New Year's holiday. It is slow going for people on the roads, as well.
And for those, of course who are flying this is what they are faced with -- long lines, flight delays, and cancellations. FlightAware.com is reporting more than 700 cancellations this morning and thousands of other flights were cancelled earlier this week. And the travel headaches, well, they're not over.
Samantha Mohr is tracking the new round of winter weather -- I'm having a problem this morning. It's bad. It's cold everywhere, it's freezing my mouth.
SAMANTHA MOHR, AMS METEOROLOGIST: I know that's how it is, when it gets too cold for me, too. If I were out there, with Alexandra, I'd have a hard time talking. She does such a great job.
Yes, we're definitely going to see more reinforcing Arctic air move in. And this is a serious situation with this next low developing here in Texas and then it's going to be intercepting some very cold Arctic air. In fact, we're already starting to see some of the snow come down in the Chicago land area. You can see that band of snow right here starting to move in.
And that is just the beginning, Fredricka of this next system that's going to be moving in, coming out of Texas. That area of low pressure, in comes in the incredibly cold air. So a band of very heavy snow expected here.
Now, the timing is very important as to how much rain and how much snow we're going to see. But if things pan out like the models are indicating, we could end up with seven to 10 inches in Chicago, similar amounts in St. Louis, up to a foot here in Indianapolis, as well, as in the UP of Michigan. But the timing is critical as to when the low moves on up into the Ohio Valley and where it intercepts that cold air.
So here you can see it coming in. This is early Sunday morning as that rain's going to be moving in the Ohio Valley. Of course, we have an important football game here in Cincinnati and it looks like at this point, we were thinking it was going to be very heavy snow, but now the models are indicating that we'll likely see more rain and it could be quite heavy as it moves on in. And then, we'll continue to see it move on into the eastern Great Lakes -- some very gusty winds behind it.
So, it's all about timing in life, and exactly how much heavy snow we could end up seeing here, or if it will be more rain. But we do know we're going to be very, very cold here, and we'll likely see some record lows here, record highs, actually, Fredricka. Some of the coldest temperatures we have seen in decades will be moving on in dangerously cold.
Below zero in Detroit and in Cincinnati and you know, we've only ever had five days that never got above zero that stayed below zero for the entire day.
WHITFIELD: Oh my God.
MOHR: So we're in the deep freeze, Fredricka.
WHITFIELD: That is extraordinary and it seems so wrong, doesn't it?
MOHR: It does.
WHITFIELD: All right Samantha thanks so much.
MOHR: You bet.
WHITFIELD: All right well the storm that roared through the northeast left quite the mess, but it also gave some of our viewers some great pictures and video in which to share. So we've got some of the best straight ahead.
And next, the coroner's report on actor Paul Walker's death is out and it has graphic details on what happened in the minute after his car crash.
(COMMERCIAL BREAK)
WHITFIELD: A death certificate has been issued for a 13-year-old girl declared brain dead after tonsil surgery. It came yesterday as Jahi McMath's family was in court, reaching an agreement with the hospital to transfer the child. Details of the transfer haven't been determined yet. McMath was declared brain dead after a complication following tonsil surgery last month.
Our Sanjay Gupta has the latest details on this heartbreaking story, in 20 minutes. Plus I'll talk to renowned ethicist Doctor Arthur Caplan about the situation.
And the final coroner's report on Paul Walker's death is out, and it reveals the actor's life ended just like his movie title, "Fast and Furious." The 15-page document revealed Walker and his friend died soon after their Porsche crashed.
Our Casey Wian has the details.
CASEY WIAN, CNN CORRESPONDENT: Fred the final autopsy report for actor Paul Walker contains few surprises but lots of graphic details.
(BEGIN VIDEO CLIP)
WIAN (voice over): Millions of fans of Paul Walker's "Fast and Furious" movie series were shocked in November when a real-life car crash killed the 40-year-old actor. The Los Angeles County Coroner's final autopsy report shows Walker's death was gruesome and swift. Walker was a passenger in an ultra-high-performance car driven by his friend, Roger Rodas on November 30th. The autopsy states the driver was driving a red Porsche Carrera GT at an unsafe speed, approximately 100-plus miles per hour.
JIM TORP, FRIEND OF THE VICTIMS: When they passed us, there were no other cars around them at all.
WIAN: The driver lost control, spun, struck a sidewalk, tree, and a light post. Exclusive video obtained by CNN shows the moment of impact and a full minute later, the car bursting into flames.
ANTONIO HOLMES, WITNESS: There's nothing. We tried. We went through fire extinguishers and --
WIAN: Concerned that Walker and Rodas may have been alive that entire time not supported by the autopsy. It says both bodies were found in a pugilistic stance, like a boxer perhaps bracing for impact. Walker was burned so badly, only his lower back, buttocks and feet were uncharred. He had multiple bone fractures. Only a scant amount of soot was found in Walker's throat, indicating he wasn't breathing for long.
The body of Rodas was in an even more gruesome condition. He died instantly.
JUAN HANUELOS, FAN: In Hollywood, they never get hurt. They're always driving fast. In reality, we do have to be concerned. We have to be concerned that this could happen to any of us. You know, we ought to follow the rules, follow the speed. Out here we can't be too fast and furious.
WIAN: The final autopsy confirms the coroner's initial ruling on the cause of death -- an accident.
(END VIDEO CLIP)
WIAN: Walker lives on, on film. The seventh installment of "The Fast and Furious" franchise, which was partially shot at the time of Walker's death, is scheduled to be released next year -- Fred.
WHITFIELD: All right, thanks so much, Casey.
All right. Meanwhile, entertainment Web sites report that Paul Walker's character will be retired, not killed off, in the next film.
A top secret federal court reauthorized the NSA's massive phone records collection program. The Foreign Intelligence Surveillance Court extended the agency's program for 90 days. It's the first time the court has ruled since a New York federal judge upheld it, saying it fell under the Patriot Act. That ruling has been appealed so the issue could eventually head to the U.S. Supreme Court. The program first came to light through documents leaked by former NSA contractor Edward Snowden.
A Republican senator has filed a lawsuit against the Obama administration, hoping to put a stop to the NSA spying on Americans. Kentucky senator Rand Paul, who is considering a run for the White House, says it's a class action lawsuit that he believes will grow with more plaintiffs.
(BEGIN VIDEO CLIP)
SEN. RAND PAUL (R), KENTUCKY: We now have several hundred thousand people who want to be 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)
WHITFIELD: The lead lawyer in the suit is Virginia's former attorney general, Ken Cuccinelli.
All right. All that snow and ice in the northeast has made for some rather memorable pictures. Coming up, we'll show you the best of our viewer iReports.
But first, they're not letting the winter storm stop them from buying legal pot in Colorado. The sales are high and the government's cashing in as well.
(COMMERCIAL BREAK)
WHITFIELD: Mile-high sales in Colorado, retailers there saying they made more than $1 million from legal pot sales on New Year's Day. That was the first day the state allowed the legal sale of marijuana.
And it's not just the retailers who are cashing in on weed. The state and local governments are, as well. With two separate retail taxes, the state is collecting nearly 14 percent of every purchase, and local governments can also add their own marijuana tax on purchases.
Barbara Brohl is executive director of the Colorado Department of Revenue. She's joining us now from Denver. All right. There's been a lot of money ma made, but will the cost of regulating it also be so pricey that you have to have these kinds of taxes on the sale of marijuana? Can you hear me ok -- Barbara?
BARBARA BROHL, COLORADO DEPARTMENT OF REVENUE: Yes, I can.
WHITFIELD: Are you there? Ok.
BROHL: Hi. Fredricka.
(CROSSTALK)
WHITFIELD: I wonder -- maybe you didn't hear my first question.
Yes -- I'm wondering and my first question, if you can hear me now, since so much money is being made on the state level and municipality level, is it a feeling that you had to engage with these kinds of taxes because regulating the pot sales, legal pot sales, is also going to be costly?
BROHL: Absolutely, Fredricka. Thank you for having me on. The reason that the tax revenue is so important is not only because we need to ensure that we can fund a very robust regulatory system, but because we need to also address all the social attendant costs that also address the industry.
We need to make sure we're doing the right education to children, that we're doing the right education to parents and to educators. And so, as a result, there are some costs that are associated with this, and the industry taxation will be paying for all of those things.
WHITFIELD: Ok. So let's talk about the business of pot. You know, first off, how tough is it for someone to say, you know what, I want to go in the business of getting a license, and get into the business of selling marijuana. What's involved?
BROH: Well, what an individual has to do is they have to file an application with the Department of Revenue, with the marijuana enforcement division. They have to go through an extensive financial and criminal background check. And for businesses, all business owners have to be residents of the state of Colorado for two years before they can actually apply.
Right now, we're only taking applications from those businesses that have actually been in the medical marijuana business. And after July, we'll start accepting applications from individuals who want to start businesses that were not part of that original group.
WHITFIELD: So, so far, are you please the with the way, you know, the opening of business has happened in this New Year? Does it seem as though there've been any real wrinkles?
BROHL: I'm sorry, Fredricka -- I didn't hear that. WHITFIELD: Has everything gone the way you expected, the way you all planned in terms of the sale of marijuana in this New Year? Has everything gone off without a hitch?
BROHL: Actually, it was a pretty non-eventful day for such an eventful, you know, an experience. We were out in full force on the first of January. We wanted to make sure that we were taking a look at the businesses, making sure they were working appropriately, that they were in compliance with all of the laws and regulations. And by and large, they all were.
We had a lot of long lines, three and four hours, but the individuals that were standing in line were very polite and patient, and everything kind of went off the way that we were hoping it would.
WHITFIELD: Ok, Barbara Brohl, executive director of the Colorado Department of Revenue. Thanks so much for your time. Appreciate it.
And this programming note, CNN's "AC 360" will be exploring marijuana legislation in a series of reports all week long, "Gone to Pot" -- starting Monday night 8:00 Eastern time.
Up next, from cute dogs to ice-covered homes, we'll show you some of the best storm pictures from CNN viewers.
(COMMERCIAL BREAK)
WHITFIELD: All right. As the storm blew through the northeast and left a deep freeze in its wake, CNN viewers have been sharing their pictures and videos. Jennifer Mayerle is watching social media for us. All right. So you've been going through some of the great iReports, and it's been kind of fun for the most part, right?
JENNIFER MAYERLE, CNN CORRESPONDENT: Absolutely. You know, the pictures are fantastic, although it makes you shiver just a little bit looking at some of those.
WHITFIELD: Yes.
MAYERLE: A lot of the best pictures and videos are coming in of our four-legged friends. Take a look at this video of a dog just running around in the snow. Oh, my gosh, look, he's not cold. He has a coat on -- doesn't seem to have a care in the world. Looks like he's having a lot of fun.
This next video of a dog is sent in by (inaudible) from Glenhead, New York -- her dog Milo. It's his first snowfall -- looks like he's having a great time. Look at that, eating the snow. Doesn't seem to bother that dog either. My goodness, they're pretty tough.
Tamara Peterson sent in this picture that she captured of someone walking their dog along a New York street. That person is so bundled up you can barely see who it is. And the cars on the side of the street, well, they are just covered in snow. It looks like that neighborhood is going to take a while to dig out of there. And in New Jersey, you might think that you would see people strolling along the beach during another part of the year. But Adam Reid took a picture of someone snow skiing. That's along the Ocean City Beach there in New Jersey. Take a look at that. That person is bundled up and braving the cold temperatures there.
And over in Times Square, well, people were snapping photos of themselves while they were braving the cold. Look it, looks like they were kind of having fun out there, all smiles while the snow is coming down there in Times Square.
WHITFIELD: If you're going to be out in it, you better, you know, find some fun in it.
MAYERLE: Absolutely. You have to have a little bit of fun in it -- turning the cameras on themselves.
WHITFIELD: Yes.
MAYERLE: And over in Pennsylvania, Alice (inaudible) sent in this picture. She is inside. That's because her balcony door got frozen stuck because of those cold temperatures.
You can see her chairs are covered in snow. There's a couple little footsteps, maybe one of a pet or an animal out there -- looks pretty icy out there. She said it looked like a winter wonderland, that's how Alice described it, but said there are icicles all over those trees, and you can imagine, it's pretty cold if you're getting that balcony door stuck.
WHITFIELD: But that's nice. It's beautiful. It's a winter wonderland.
MAYERLE: Absolutely.
WHITFIELD: I say perfect time of year.
MAYERLE: Definitely.
WHITFIELD: All right. Of course, you can see more, go to CNN.com/ireport. Thanks so much, Jennifer -- appreciate that.
MAYERLE: Thanks.
WHITFIELD: All right. Speaking of very cold. Tomorrow's Packers/49ers playoff game could go down as one of the coldest games in football history, which is why everyone is so excited about it. New Yorker Jared Greenberg, he knows snow, he knows cold. He says, "Whatever".
JARED GREENBERG, CNN SPORTS: Listen, I want my money back on the southern thing here in Atlanta, because it's pretty cold out here, too.
WHITFIELD: Yes, it is.
GREENBERG: But no snow.
WHITFIELD: Good. Not yet.
GREENBERG: And that's good. No snow here.
WHITFIELD: We'll get it.
GREENBERG: But it will be perfect football weather for those who live in Green Bay, Wisconsin -- right?
WHITFIELD: I guess.
GREENBERG: Potentially minus 20 with a wind chill around 40 below. It sold out at Green Bay as they take on the 49ers tomorrow. Yesterday, hundreds of fans showed up at Lambeau Field to shovel out the stands ahead of the game.
Here's the good news, though, Fred.
(CROSSTALK)
GREENBERG: They do now. Yes, they used to be volunteers. Fans braving the bitter cold at Lambeau Field tomorrow will have something extra to keep them warm. The team is going to give out free coffee and hot chocolate.
WHITFIELD: Ok.
GREENBERG: That's worth the price of admission -- right?
WHITFIELD: Hey, every little bit counts. I was going to say blankets or something. But ok. Heat from within.
GREENBERG: A local store will also hand out 70,000 hand warmers to the fans.
WHITFIELD: Ok, there we go.
GREENBERG: I think each fan will need a couple dozen. The game could be even colder than the infamous Ice Bowl. Back in 1967, the wind chill was estimated at 48 degrees below zero. The game, the Packers beat the Cowboys.
WHITFIELD: My gosh, thank goodness, right, all ticket sales have taken place.
GREENBERG: They have.
WHITFIELD: So now people will get a chance to watch it at home, if you're in the local area.
GREENBERG: If you live in the Wisconsin television market, you will be able to see the game because ticket sales have been sold out.
WHITFIELD: My goodness, OK, so ice bowls, we've seen it before. This game is really going to be, you know, nothing really that unusual. GREENBERG: No, because Green Bay fans are used to this. Of the top- ten coldest games in the NFL history, Green Bay has hosted four of the top ten coldest games.
WHITFIELD: Old hat.
GREENBERG: Yes, old hat for those fans.
WHITFIELD: All right, let's talk about some Bowl game taking place, one in a very usually toasty, warm place, Miami.
GREENBERG: That's right. The Orange Bowl, about mid-60s at kick off time, so no weather issues. We did have a stunning upset in a game that lived up to the pregame hype. Boyd, outstanding, his favorite target, Sammy Watkins, he was a beast. Now, here Boyd, look at this, looking for Bryant. Look at the catch, the concentration. Bryant. How did he catch that? A whole lot of offense in the game, but the difference, Clemson's defense. They sealed it. Braxton Miller's pass snagged out of the air by Anthony. Clemson hangs on for the win, a game that saw 75 combined points.
WHITFIELD: That's looking like a pro game. I forgot I was watching college.
GREENBERG: A big upset. A good one for the ACC. It's monster sledding in Boston, and it is trending now on bleacherreport.com.
WHITFIELD: That is fun!
GREENBERG: Why not combine the two? What do you do with a baseball stadium in the dead of winter? Fans are being encouraged to bring their families to Fenway Park and take a turn on a 20-foot-high sledding and tubing rump, right next to the green monster, which makes it all the more cooler. Nothing like this here, Fred, $25 for one hour.
WHITFIELD: One hour?
GREENBERG: The lines will be pretty long, so how many turns you actually get?
WHITFIELD: I didn't see any turns there. That's just down.
GREENBERG: Right. Leave your sled and tubing at home. They will provide that for free.
WHITFIELD: Well, that's what the $25 is for. Makes it a little easy, sort of kinda. All right, Jared, thank you. Good to see you.
GREENBERG: Yes.
WHITFIELD: All right, doctors are weighing in saying that this child is brain dead. But this heartbroken mother says she doesn't believe it, and she's not giving up on her daughter.
(BEGIN VIDEO CLIP) UNIDENTIFIED FEMALE: As a parent, who wants to know that in their time, their child would die? Think about. If somebody tells you on this day at this time, your child is going to die.
(END VIDEO CLIP)
WHITFIELD: A family's anguish and the ethical debate, next.
(COMMERCIAL BREAK)
WHITFIELD: The family of a 13-year-old girl declared brain dead by several doctors has reached an agreement with the hospital to transfer her. But the details have not yet been worked out. Yesterday, a California coroner issued a death certificate for Jahi McMath. The date on it is December 12th, three days after her tonsil surgery.
Chief medical correspondent, Sanjay Gupta, explains brain death.
DR. SANJAY GUPTA, CNN CHIEF MEDICAL CORRESPONDENT: This is an incredibly sad and heart breaking situation, and also very confusing. Let's start off by talking about some of the terms here, brain death. Brain death is not the same as being in a coma or a vegetative state. Brain death, by definition, is irreversible. In the United States and most places, it's legally synonymous with death, the same as if your heart stops.
Brain death means a total loss of brain activity. Now, to determine it, doctors will do several things. A physical exam, for example, shine light into the pupils and see, do they dilate, move, constrict? Gently rub the eyeball with some cotton and see if the eye reacts that way. Sometimes they'll put ice water into the ears and see if the eyes move in a particular fashion. These are all tests of the brain stem.
They'll also do something known as an apnea test. They'll turn off the ventilator for several minutes and see if the person shows any signs of breathing on their own. This confirmation often times they'll do scans to check to see if there's blood flow to the brain and also test to see if there's electrical activity from the brain.
But again it's the detailed neurological exam that's so important. Coma, if it goes on an extended period of time, is called a vegetative state. That a fair amount of interesting research in this area, in a rare handful of cases, for example, people in a vegetative state for years have returned to some level of consciousness. This is rare, but it does happen.
But again, brain death is something else entirely. There is no activity in the brain. There is no blood flow to the brain. It is a grim situation, but again, something that a trained doctor can pretty easily diagnose. Back to you.
WHITFIELD: All right, thanks so much, Sanjay Gupta. As you can see from Sanjay's report, a lot of people have been very confused about what exactly brain dead means, and my guest says we need to talk about that. I'm joined by bioethicist, Arthur Caplan, he is the director of the Division of the Medical Ethics at NYU Langone Medical Center. Good to see you again, Dr. Caplan.
ARTHUR CAPLAN, BIOETHICIST: Thanks for having me, Fredricka.
WHITFIELD: So this is a tragic case, of course, and we feel for the family, everyone does. But you say there's confusion about terms of brain dead and life support, it leads to the outcome that really makes no sense in your view, ethically. So we heard Sanjay's explanation. Brain dead really does mean dead. So why even use that terminology? And what do you mean when you say it really makes no sense ethically, this predicament?
CAPLAN: The predicament we're in is that the family can't accept the death. You know, their little girl went in for an elective operation, she's died. They find it really tough and they're religious, hoping for something to happen. I understand that. It's tragic. But death is death. Brain death is one way that we can diagnose it, stopping -- when your heart stops is the other way.
It's been confirmed many times in her case. Now we have the coroner saying she's dead. We know she's dead. So I don't think we have a disagreement about the facts. What we have a problem of trust and acceptance on the part of that family. So that's why I say, it doesn't make ethical sense. We don't treat the dead. We don't ask doctors to do that, and we shouldn't ask doctors to do that.
WHITFIELD: I think most people can understand a family is holding out hope. A family is holding out hope that maybe something will happen to their loved one and a turnaround will take place, and I'll have that loved one again. So when a doctor says brain dead. That seems like there's an underlying reason to have some hope. But if you and Dr. Sanjay Gupta are saying brain dead means dead, no blood flow to the brain, why do they use the term brain dead, why not be frank, and say, there is no turnaround for this person?
CAPLAN: That's a really great question, and I think they should not use the term. I think what they should say, your daughter, loved one has died and we've determined that using brain death criteria, similarly, talking about life support. You can't keep a corpse, a dead body alive. You can maintain blood flow. You can mimic certain things about life.
When you hear the term life support, as this family apparently has, they're thinking why would I stop life support? You have to be very, very careful trying to teach doctors be careful on the language. Don't build false hope or confusion. Use death, not brain dead. Don't talk about life support when death has occurred.
WHITFIELD: All right, Dr. Caplan, thanks so much. Always good to see you. Appreciate it.
CAPLAN: My pleasure.
WHITFIELD: All right, we'll be talking more about this case, the legalities of it all, with our legal guys the next hour. (COMMERCIAL BREAK)
WHITFIELD: All right, this just in, former first lady Barbara Bush will be released from the hospital in Houston today after spending a week there. She was admitted to the hospital in Houston on Monday for a respiratory issue, but the family spokesman said that she was now in great spirits and the former first lady will be released. She is 88 years old.
NSA leaker, Edward Snowden is on the run, wanted by the U.S. government on charges of espionage. Now, two newspapers -- "The New York Times" and "The Guardian" are calling for Snowden's pardon, praising him, calling him a whistle-blower and courageous. So should Edward Snowden face charges in the U.S.?
I talked to CNN senior legal analyst Jeffrey Toobin and the ACLU's Ben Wizner, a legal advisor to Edward Snowden.
(BEGIN VIDEOTAPE)
BEN WIZNER, LEGAL ANALYST TO EDWARD SNOWDEN: Well, I think that "The New York Times" makes the case very powerfully, and I urge your viewers to go to "The New York Times" and see it. But I think it boils down to the following. The disclosures that Mr. Snowden is responsible for vastly improved a much, much needed public debate, both in the United States and around the world, the claims that they caused damage are hugely overblown.
He had no alternative but to do it in the way that he did because the people who were responsible for oversight of these programs already knew about what he reported and hadn't done anything about it. And the law under which he would be prosecuted if he would returned to the United States would not allow him to make a public interest defense, would not allow him to say what I just said.
That these disclosures were valuable, that they didn't cause harm, that, in fact, they revealed programs found unconstitutional by open courts. They're basically strict liability offenses under U.S. law. So prosecutors would be able to lock him up for life without the jury ever hearing about the benefits of the disclosures that --
WHITFIELD: But then, what would give Edward Snowden the justification to be the one that sets precedent, that as an American citizen, anyone could make the determination whether to respect the law or not? Wouldn't that be the case if he were to be given asylum?
WIZNER: Well, let me say this. Edward Snowden would not be the first person in the last ten years to get this kind of clemency, but he would almost certainly be the most deserving. Washington is full of people who broke the law by lying to Congress, by engaging in illegal spying, by ordering the torture of prisoners. We haven't seen prosecutions of those officials, and we haven't seen a lot of hand ringing about the precedent set by not prosecuting those people.
So let's not, you know, get on a high horse and say that, dear, if we don't prosecute that person, we'll set a bad precedent. That precedent was set a long time ago. The difference is, what Edward Snowden did, it vastly benefited society. What the high officials did, it harmed U.S. standing in the world.
WHITFIELD: So Jeffrey, let me bring you in. What is the response there, you know, to Ben's premise, that Edward Snowden is doing what many others have done prior to, and why should he be prosecuted?
JEFFREY TOOBIN, CNN SENIOR LEGAL ANALYST: Well, he should be prosecuted because he broke the law in a very dramatic and egregious way. It is true, and I don't think, you know, someone in my position can deny that he has started an important debate. But what we will never know is whether that debate could have gotten started if he had done it the right way, if he had gone to Senator Ron Wyden of Oregon, someone who has been critical of the programs and said, look, look at these documents.
You could bring these out to the public in a way that I can't, but you could do it legally. No, Snowden took it upon himself to decide that he was above the law and disclose them. And the one point that I think is very important here, that ben didn't mention, that these editorials didn't mention, is where did Snowden go? He went to China and he went to Russia.
WHITFIELD: Places where he --
TOOBIN: -- two oppressive countries.
WHITFIELD: -- the places he wouldn't get the freedoms that he professes he doesn't get in the U.S., when he does.
TOOBIN: More to the point, also, his computers contain the keys to our national security apparatus, to the National Security Agency. Those now perhaps, are now in the hands of Chinese intelligence and the successors to the KGB. Is that something we should give him credit for? I don't think so.
WHITFIELD: Ben?
WIZNER: It's a fabrication. I mean, Jeff has said this over and over again, but saying it 20 times doesn't make it any more true --
WHITFIELD: What part is the fabrication?
WIZNER: It's a fabrication that Edward Snowden's computers that contain somehow evidence or something are in the hands of Chinese intelligence or Russian intelligence. Edward Snowden said to "The New York Times" very clearly, there's no evidence to the contrary, that he did not carry anything with him on computer hard drives or anything when he travelled to Russia from China.
It was his job in the NSA to train U.S. officials on how to evade having their materials compromised, and the only evidence of secret materials being compromised is that GCHQ, the British version of NSA, and NSA lost control of it.
There's not a shred of evidence that either Edward Snowden or the journalists with whom he's worked lost control. I can tell you that if he had, that if China and Russia had access to this trove so how, you wouldn't see top-level NSA officials going on "60 Minutes" saying, we need to talk to this guy and consider clemency.
If they thought all of the information had been compromised, they wouldn't want to have that conversation. So I really think it's important that your viewers know that there's absolutely no evidence whatsoever that China or Russia got access to this. One more point I want to --
WHITFIELD: So that's --
TOOBIN: So where are --
WHITFIELD: We have a clip of that -- that you referred to. Let's watch that from "60 Minutes."
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: He's already said, if I got amnesty, I would come back. Given the potential damage to national security, what would your thought on making a deal be?
RICK LEDGETT, NSA OFFICIAL: So my personal view is yes, it is worth having a conversation about. I would need assurances the remainder of the data could be secured. And my bar for those assurances would be high, more than just assertion on his part.
(END VIDEO CLIP)
WHITFIELD: So Jeffrey, what's at stake as the Obama administration has to weigh as well, entertain the idea or even have discussions about granting clemency? What is at stake for the U.S. if it were to seriously entertain that, this administration were to seriously entertain that, extend that kind of reprieve?
TOOBIN: Well, what the government has to decide is whether it's worth it to get this stuff back. I mean, Ben says it is not in the hands of the KGB, successor to the KGB or Chinese intelligence. Where are all of these documents? Where are all of the things that Snowden took illegally? I don't know the answer to that, I don't think the NSA knows, and he has the keys to the kingdom there, he has some leverage. No doubt about it.
WHITFIELD: And then isn't it understandable that this administration or any government official would have a hard time trusting the word of Edward Snowden, whether he still has compromising information or not?
WIZNER: I think the important thing is that any discussion between Edward Snowden and the United States not rely on trust on either side. I think both have reason not to trust the other, but be built upon verifiable agreements that don't require anyone to believe the other person is telling the truth. I do want to close by returning to one point Jeff made, which is that Ed Snowden should have gone to Congress, told Ron Wyden about this, instead of going to "The Guardian" newspaper and "The Washington Post." Congress knew, intelligence committees knew, Ron Wyden was on the floor of the Senate with his hair on fire, saying if the American people knew what I knew, they would be outraged. Turns out Senator Widen was right, when they learned from him, not Ed Snowden or "The Washington Post," they were outraged. There was no other channel as "The New York Times" rightly pointed out, but the one Mr. Snowden showed, which was go to the public.
WHITFIELD: Ben Wizner, Jeffrey Toobin, thanks so much.
(END VIDEOTAPE)
WHITFIELD: Athletes from around the world will be in Russia for the Winter Olympics next month. Recent twin terror attacks raise questions about security there, should the U.S. delegation be worried? That's next.
(COMMERCIAL BREAK)
WHITFIELD: We are 34 days from the start of Winter Olympics in Russia. The excitement has been building, until about last week, and then just prior to that two deadly terror attacks, 400 miles from the host city. Diana Magnay takes a look at security for the games.
DIANA MAGNAY, CNN CORRESPONDENT (voice-over): Russian authorities have discovered a link between the two deadly suicide bombings. Monday's attack killed 16, and on Sunday, a massive explosion rocked the city's railway station. This chilling surveillance video captures the horrific incident at the security checkpoint when a suicide bomber detonated 22 pounds of TNT, killing 18.
Authorities now say both bombs contained similar shrapnel, a sign they originated from the same region. The attacks highlight the terrorist threat that Russia faces as it hosts the Winter Olympic Games next month in Sochi, 400 miles south of the devastation.
WILLIAN RATHBURN, ATLANTA OLYMPICS SECURITY DIRECTOR: All of the Olympic sites will have physical security, electronic security, everybody will be screened. I think it will be difficult for someone, for a terrorist to set off a bomb inside a village or venue.
MAGNAY: Russia's President Vladimir Putin is involved in security plans, promising maximum security in Sochi. They say they won't change security measures already in place, confident they're well prepared. U.S. authorities offered full support to the Russian government in ramping up security measures. In a statement, the United States Olympic committee says in part we're always concerned for the safety of our delegation and the Sochi games are no different. They want to avoid a repeat occurrence of a bomb that killed two at the games in Atlanta.
RATHBURN: What concerns me is when you harden targets, you often force terrorists to select softer targets so that makes everything else in Sochi and the surrounding area vulnerable.
MAGNAY: Targets like transportation hubs where tourists and athletes travel to and from the games. President Putin's claim he can protect the Olympics also rests in part whether he can control the situation in the north caucuses, he claims that he can. But it would seem as though terrorists are intent on proving he cannot. Diana Magnay, CNN, Moscow.
(END VIDEOTAPE)
WHITFIELD: All right, let's talk to Richard Barrett. He is a former counterterrorism director for Britain's MI6. He is a now senior vice president for a security consulting firm. Richard, to what extent should the U.S. delegation or any other delegation from a visiting nation be worried about terrorism at the games?
RICHARD BARRETT, FORMER MI6 COUNTER TERRORISM DIRECTOR: Well, I'm sure that the Chechens will be trying to launch some attack. It is such a high profile event and world press there. But the Russians have been preparing for this for a long time. I'm quite sure they would have made really extensive preparations to protect both the athletes and the venues for the games.
WHITFIELD: And do you expect that some modifications in their security have been made as a result of those two attacks taking place just 400 miles from the Sochi games?
BARRETT: Well, clearly those attacks do signal that one of the targets that they may go for, are transport hubs. Possibly they will have increased security around the transportation hubs into Sochi, whether from Russia or outside the country. I would imagine they might have done that. I think within Sochi itself, they probably have plans well established and reckon they're pretty robust.
WHITFIELD: There was connection between the two Boston bombers and the area not far from the Russian bombings, a real connection in training, et cetera, and the group that may be responsible for these recent bombings. In what way do you interpret whether this group is gaining strength, is it picking up more support in its extremist views and actions? What do you read from the recent bombings?
BARRETT: Well, it is an interesting question. I mean, the group has been going for a long time, of course, since the 1990s, so one can expect now there are new members joining who don't really have much sort of resonance or much memory of what happened in the first and second Chechen war. But I think the way the groups positioned itself is looking to protect the Islam, you know, as they put through these terrorists attacks. I think that may have drawn in a new group of people who perhaps have broader ambition perhaps and a broader motivation than purely in Chechnya.
WHITFIELD: Richard Barrett, thanks so much for your expertise. Of course, everybody is hoping for a successful winter games in Sochi.
