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Police Suspect May Have Warned Schoolmates; New Video Shows Crews Were Alerted To Teen; Has Snowden Forced NSA Changes?; Leahy: Programs Don't Justify Privacy Intrusion; Family Files Suit In North Carolina Police Shooting; Obama: I'm Not Waiting For Congress

Aired January 15, 2014 - 10:00   ET

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

CAROL COSTELLO, CNN ANCHOR: Good morning. I'm Carol Costello. Thank you so much for joining me. Police in New Mexico say the 12-year-old boy who opened fire in his middle school may have warned some students to stay home and out of danger. Investigators won't elaborate who was warned or how they were told.

In the meantime, police aren't revealing anything about a possible motive or the source of that sawed off shotgun the boy used to fire on two students. This morning an 11-year-old is in critical condition and a 13-year-old girl, Kendal Sanders, is in stable condition. These images are from her Facebook page. Other students are in disbelief that school violence has shattered their sense of safety.

(BEGIN VIDEO CLIP)

MONIQUE SALCIDO, SCHOOL SHOOTING WITNESS (via telephone): We were all talking and then we hear gunshots. Then the second shot, I turn around and Nathaniel got hit in the face.

GABBY VASQUEZ, FRIEND OF MALE VICTIM: Why would somebody even do that to somebody?

SALCIDO: I was really scared of what happened, but I don't want to go to the school anymore because of what happened because I'm afraid it's going to happen again.

(END VIDEO CLIP)

COSTELLO: CNN's Stephanie Elam is live at Roswell, New Mexico, with more on this. Good morning.

STEPHANIE ELAM, CNN CORRESPONDENT: Good morning, Carol. We take a look at how everything happened. School hadn't even begun yet. Students were arriving. They were gathering in the gym because it's pretty frigid here in Roswell in the morning. As they were gathering there, that's when the report is that this child came in and started shooting and hit those two students.

And they're saying if it hasn't been for the quick thinking of the adults in there, in particular one teacher, a social studies teacher named John Masterson, this could have been much worse. Take a listen to what the governor of New Mexico had to say about it.

(BEGIN VIDEO CLIP)

GOVERNOR SUSANA MARTINEZ (R), NEW MEXICO: Mr. Masterson is a hero who stood there and allowed there and allowed the gun to be pointed right at him and to talk down that young boy to drop the gun so that there would be no more young kids hurt.

(END VIDEO CLIP)

ELAM: And if you think about it, when all of this happened in that split second, this teacher approached the student, got him to put his gun down, and then took the student up against the wall to stop him from doing any further harm -- Carol.

COSTELLO: Stephanie Elam reporting live from Roswell, New Mexico.

Also this morning we have new details of a truly heart breaking tragedy. A 16-year-old girl survives the crash of her airliner only to die in the chaos that followed. Newly released video obtained by CBS shows first responders not only saw the injured teenager, they waved away the fire truck that would later run over her.

CNN's Dan Simon is in San Francisco where that crash took place last July. Good morning.

DAN SIMON, CNN CORRESPONDENT: Good morning, Carol. It was such a tragic revelation. Here you had this 16-year-old girl from China. She was excited to come to the U.S. She survives the crash only to be run over by two fire trucks. Now you have this new video coming out and it's raising important questions about how firefighters acted that day.

(BEGIN VIDEOTAPE)

UNIDENTIFIED MALE: There's a body right -- there's a body right there, right in front of you.

SIMON (voice-over): Chilling new video obtained by CBS News giving us a rare up close look from a firefighter's helmet cam. The chaotic moments first responders encountered after Asiana Flight 214 crash landed in San Francisco last July. This 16-year-old (inaudible) was accidentally run over twice by fire trucks. Her family has since filed a wrongful death claim against the city. In particularly blunt language, it accuses first responders of deliberately and knowingly abandoning the teen where they knew she would be in harm's way.

UNIDENTIFIED MALE: Stop, stop. There's a body right -- there's a body right there, right in front of you.

SIMON: Does the new video prove the tragic accident could have been avoided? There's also this. Another camera appears to show a firefighter directing the truck around the victim.

JOANNE HAYES-WHITE, SAN FRANCISCO FIRE CHIEF: We're heart broken. We're in the business of saving lives and many lives were saved that day. SIMON: This video may be crucial to understanding what happened to her who the coroner says survived the crash, but died from injuries she suffered after being run over. At the time officials said her body was obscured by foam and couldn't be seen by the trucks. That combined with the chaos of putting out the fire and rescuing victims.

MAYOR EDWIN LEE, SAN FRANCISCO: I will say this, it was very, very hectic, very emergency mode at the crash site minutes after the airplane came to rest and there was smoke inhalation and people were coming out of the fuselage as fast as they could.

SIMON: The spectacular crash of Asiana Flight 214 was captured on amateur video and on surveillance cameras, the Boeing 777 descending too low on landing crashing into the sea wall and cart wheeling across the runway tragically claiming the lives of three passengers and ejecting two flight attendants from the aircraft on impact. A court may eventually have to decide whether fire crews in this video were negligent and should be held accountable for the teenager's death.

(END VIDEOTAPE)

SIMON: And why it took so long for this video to come out is also an important question. At this point, the San Francisco Fire Department has yet to address the video saying it doesn't comment on pending litigation. Carol, we should point out that many firefighters acted heroically that day, but this is clearly something the fire department needs to address. At this point, they just haven't talked about it -- Carol.

COSTELLO: I'm sure you'll stay on the story. Dan Simon reporting live from San Francisco this morning.

Surprising new claims about the NSA, which reportedly planted spy software into computers across the globe. That's according to "The New York Times." The paper says the software has targeted everyone from the Chinese military to Mexican drug cartels. The NSA claims the software is used to defend the U.S. against foreign cyber attacks, not to obtain information.

The revelation comes as President Obama prepares to outline his reforms to the agency's phone and e-mail surveillance. The president will unveil those reforms Friday. But at a Senate hearing lawmakers stress that the NSA's methods are not warranted.

(BEGIN VIDEO CLIP)

SENATOR PATRICK LEAHY (D), VERMONT: As I said repeatedly, this phone record program is not uniquely valuable enough to justify massive intrusion on Americans' privacy.

(END VIDEO CLIP)

COSTELLO: Our chief national security correspondent, Jim Sciutto is with me now. Jim, skeptics think the president won't make too many revisions to the NSA. What do you think? JIM SCIUTTO, CNN CHIEF NATIONAL SECURITY CORRESPONDENT: Well, I think looking at it now that the bottom line is this, that the bulk collection that caused all this controversy, the collection of these mass amounts of phone metadata, phone calls made by Americans and those overseas will continue with safeguards. This is not going to change, not going to eliminate that key program there.

What's also interesting is the president got together this blue ribbon panel of very experienced experts, the former deputy head of the CIA, former national security adviser on terror issues, Richard Clark, they came together, put up 46 different recommendations. And when you look at what we're hearing that the White House is going to accept a small number of those recommendations and none of them touching really that big program.

For instance, one had had been talked about was moving the metadata from the governments hands, from the NSA's hands back to the private telephone companies. Those companies had resisted it. They don't even want it. It doesn't look like the president is going to take even that step now.

COSTELLO: OK, so in our "Washington Post" interview last month, Edward Snowden, who is responsible for all of this, right? He said this, "For me in terms of personal satisfaction, the mission is already accomplished. I already won. As soon as journalists were able to work, everything I had been trying to do was validated." In light of what you just said, is Edward Snowden right or wrong?

SCIUTTO: Well, I think he would say that he won. He put this out there. He caused a national debate. He certainly made Americans aware, but you talk to officials here, and interestingly, both supporters and critics of this program are not calling Edward Snowden a hero. You played a sound clip there from Patrick Leahy who's been one of the most vocal critics of the program questioning whether it is worthwhile biggest critics talking about a violation of American privacy.

But he's not saying Snowden's a hero. He's not saying Snowden should be granted amnesty or plea bargain. At least in terms of the officials dealing with this, they wouldn't say he won. I'm sure there are some who would disagree. But there was one more powerful moment from those hearings yesterday in the Senate. When the members of that intelligence review panel were asked if this metadata collection would prevent another 9/11, and they gave a nuanced answer.

They said what they found was that this collection has not played a significant role in preventing any terrorist attacks to this point. That's a remarkable admission. Given that the administration had initially claimed that perhaps more than 50 plots might have been helped by this kind of collection.

But they went on to say it only has to be successful once. So the members of these panel -- this panel that has recommended the 46 changes many of which the president will not take, they did say it's worthwhile. This collection is worthwhile if it keeps Americans safer. COSTELLO: Jim Sciutto, many thanks.

Still to come in the "NEWSROOM," what did the Chicago archdiocese do when they learned of sexual abuse claims? Well, thousands of documents set to be released today. Ted Rowlands is following that story. Hi, Ted.

TED ROWLANDS, CNN CORRESPONDENT: Good morning, Carol. Victims have been waiting years for this day. The church has been fighting for years to avoid this day. What will these documents show? We'll talk about it coming up right after the break.

(COMMERCIAL BREAK)

COSTELLO: Welcome back. Time to check our top stories at 13 minutes past hour. You see Air Force One there. It's about to take off from Andrews Air Force Base. Of course President Obama is on board. He's on his way to North Carolina where he'll announce another attempt to jump start American manufacturing. We'll keep you posted.

The family of a pregnant brain dead woman is asking a court to step in and force the hospital to remove her from ventilator and feeding tube. Marlise Munoz has legally dead since November. Her family said she did not want to be a ventilator. The hospital says it's just trying to obey a Texas law the overrides a woman's end-of-life wishes if she is pregnant. It's not clear what condition her 21-week-old fetus is in.

Beef price is going up. You can partly blame last week's record cold snap. The story was first reported by "Bloomberg News". Cattle had to use calories from their feed to maintain body temperature instead of gaining weight. So cattle future soared triggering higher beef cost. The temperatures rising. Animals will gain weight. We hope so.

Today the Catholic Church's third largest archdiocese is releasing thousands of pages detailing sexual abuse claims against priests in Chicago. For decades these claims have been kept under wraps. And they've played millions of dollars to settle the lawsuits from the victims. Even though many of the allegers are now dead, it may show how they hand it'll abuse claims and why some were moved from church to church.

CNN Ted Rowlands is live in Chicago. Have you seen the documents yet?

TED ROWLANDS, CNN CORRESPONDENT: We haven't, Carol, and we won't from some time. They are being released to the victims and their attorneys will see get to see them next Tuesday. But talking to people who are aware of what's in the documents, it's going to be detailed. All the detailed reports of 30 separate cases, of 30 separate priests that were accused of misconduct. They want transparency. They want to know exactly how this happened. How did this priest get moved to here or how did this case go unreported.

And that's what they're going to get, who leads the archdiocese, has since 1997, released this letter basically warning Catholics in Chicago this is coming and preparing them for this open wound to be reopened once again. And he talked about one specific case that they were criticized for over the years. That was of Daniel McCormick.

In 2005 was found guilty of abusing many boys on the west side of Chicago. McCormick said at the time he fooled everybody. Did McCormick including the church? He said a mistake is not a cover up. Meanwhile this weekend, after this letter was released, folks from snap, the Survivors Network, criticized the cardinal saying he is not taking responsibility.

COSTELLO: In this letter he tries -- it attempts to escape personal accountability for his actions regarding, Daniel McCormick.

ROWLANDS: Now, one thing's for sure. The church did go kicking and screaming. If you look how the litigation has gone to this day, they say they want to be transparent and they are on board on healing. And part of Cardinal George's letter does go at great lengths to apologize on behalf of the church to all of those victims. We should get first glimpse of those documents next Tuesday.

COSTELLO: All right, Ted Rowlands from Chicago.

President Obama wants action app and he'll go around Congress. But will it help ease unemployment? Live report out of Washington next.

(COMMERCIAL BREAK)

COSTELLO: Checking our top stories at 20 minutes past the hour. Police in New Mexico says the 12-year-old boy accused of shooting his classmates may have warned others to stay away from school before the attack. Police won't say who was warned or how. First reports of the shooting delivered a chilling blow.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: My heart fell to my stomach because at that moment I knew. I knew that it was our sweet girl.

(END VIDEO CLIP)

COSTELLO: That sweet girl is 13-year-old, Kendal Sanders. She's now in the hospital in stable condition. The other victim an 11-year-old boy remains in critical condition this morning.

The family of a man killed in North Carolina -- in a North Carolina police shooting is filing a lawsuit in the case. The lawsuit claims 24-year-old Jonathan Ferrell was shot ten times, handcuffed with his hands behind his back, and drowned in his own blood.

(BEGIN VIDEO CLIP)

GEORGIA FERRELL, JONATHAN FERRELL'S MOTHER: How do I feel sitting here? I feel I shouldn't be here. My son was only here for education to better his life, to better our life.

(END VIDEO CLIP) COSTELLO: The officer shot the unarmed Ferrell after a woman called 911 reporting someone was trying to break down her door. The lawsuit says the woman did not know Ferrell, had been injured in a car accident and actually needed help.

Anger over the Target credit card hack attack is spreading to Washington. Two Senators now calling on Target CEO to testify before a committee demanding answers about what went wrong and what the company has learned during its investigation. As many as 70 million Target customers had their information compromised during a data breach last year.

In Washington, President Obama is vowing that 2014 will be a year of action. In his first cabinet meeting of the year, the president said he will move ahead with his agenda even if Congress is consumed by gridlock.

(BEGIN VIDEO CLIP)

BARACK OBAMA, PRESIDENT OF THE UNITED STATES OF AMERICA: We are not just going to be waiting for legislation in order to make sure that we're providing Americans the kind of help that they need. I've got a pen and I've got a phone.

And I can use that pen to sign executive orders and take administrative actions that move the ball forward in helping to make sure our kids are getting the best education possible making sure that our businesses are getting the kind of . To ensure that our businesses are getting the kind of support and help they need to grow and advance to make sure that people are getting the skills that they need to get those jobs that our businesses are creating.

(END VIDEO CLIP)

COSTELLO: The president's comments come as the Senate failed to reach a deal on extending long-term unemployment benefits leaving more than 1 million Americans in the lurch. It's not just adults who are struggling through this crisis. A new study from the Urban Institute shows that 2.3 million children are now living with a long-term unemployed parent. That's triple the number from 2007. Wolf Blitzer is in Washington.

Hi, Wolf.

WOLF BLITZER, HOST, CNN'S "THE SITUATION ROOM": Hi, Carol.

COSTELLO: A Democratic source tells us that senators are now in a quote, "cooling off period." Is that like a time-out?

BLITZER: Yes, it is. It means they don't have the votes, the Democrats, the 60 votes they need to overcome procedural hurdles that would allow this to come up. So they don't have that 60. They got close, 52, 55, 56, but they don't have the 60 yet. So they need more time. They're going to try to figure out how to do it.

Republicans say they're willing to go ahead with a month extension of the unemployment benefits for 1.3 million unemployed -- long-term unemployed. As you pointed out a lot of children are directly affected by those benefits. But they want to make sure they offset the $5 billion or $6 billion it costs by cutting spending elsewhere.

And if they do that, then the Republicans say they're going to go along. The problem is some democrats are willing to pay for the $5 billion or $6 billion it would cost for a three-month extension of the unemployment benefits. It would cost $25 billion if they extended it for a whole year. But they can't agree, the Republicans and the Democrats, how to pay for that offset, if you will. As a result there's this deadlock. So for now it's up in the air.

COSTELLO: Yes. Well, we've heard that song and dance before, right? The president, he's on his way to North Carolina. We just saw his plane take off from Andrews Air Force Base. He's going to deliver a speech on the economy. What will he say?

BLITZER: Well, he's got some new ideas that he's going to unveil those ideas. You know what's intriguing to me is you have a Democratic senator in North Carolina, Kay Hagen who's up for re- election. She decides she's not going to be there with the president when he comes to her home state. It's not the first time this has happened.

Mary Landrieu, the Democratic senator up for re-election in Louisiana, the president was there a few weeks ago. She didn't show up when the president came to Louisiana either. So the question is why are these Democrats who are up for re-election now early in 2014, why are they in effect running away from the sitting president of the United States who happens to be a Democrat?

A few years ago, they would have been there in every photo opportunity. But now they think as far as their own re-election prospects, probably not a good idea. Even to welcome respected home states and to be photographed with the president of the United States, which is all pretty shocking when you think about it, but I guess it's part of the political environment right now given some of the low poll numbers that the president really has suffered. But it's still pretty extraordinary when you think about it.

COSTELLO: I'm sure you'll talk much more about it later on. Thank you, Wolf Blitzer.

BLITZER: Thank you.

COSTELLO: This just into CNN. The committee investigating the 2012 attack in Benghazi says its case has been severely hampered because 15 people who were cooperating with the FBI have been killed. A new report comes from the committee, from the Senate Committee, I should say. It says there were plenty of warnings ahead of the attack including intelligence about a worsening security situation in the region. We're going to talk much more about this and make it much more clear for you in the hours to come on CNN.

COSTELLO: Still to come on the NEWSROOM, still no water for thousands of West Virginians. Now we've uncovered new details regarding the company responsible for this mess. CNN's Jean Casarez is in Charleston. Good morning, Jean.

JEAN CASAREZ, CNN CORRESPONDENT: Good morning. We are learning that Freedom Industries may have had an escrow account with money set aside for repairs, but why weren't those repairs made? We'll have more after the break.

(COMMERCIAL BREAK)

COSTELLO: And good morning. I'm Carol Costello. Thank you so much for joining me. Just a short time ago, I told you about some developments in the Benghazi situation. Many people have been cooperating with the FBI because the FBI is trying to figure out what happened at the consulate there. Now we come to find out that many of those people cooperating with the FBI have been killed. Evan Perez is following this. He has more for us now.

Tell us more, Evan.

EVAN PEREZ, CNN CORRESPONDENT: Well, Carol, this report, which is issued today by the Senate Intelligence Committee, it's a bipartisan report. In other words, you have members of both sides of both parties who have agreed on this one report which says that there's been -- this whole investigation of the Benghazi attacks has been hampered because some of the people who the FBI interviewed in Benghazi, in Libya have since been killed.