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Kerry's First Public Comments on Taliban Swap; Pope Prays with Israeli, Palestinian Leaders; No Triple Crown for California Chrome; No Triple Crown For California Chrome; Tracy Morgan Still In Critical Condition; California Bill: Must Say "Yes" Before Sex; Help Getting Back Into The Workforce

Aired June 08, 2014 - 14:00   ET

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

(BEGIN VIDEOTAPE)

JOHN KERRY, SECRETARY OF STATE: Ability at some point to go back and get involved. But they also have the ability to get killed doing that. And I don't think anybody should doubt the capacity of the United States of America to protect Americans.

ELISE LABOTT, CNN FOREIGN AFFAIRS REPORTER: You mean --

(CROSSTALK)

KERRY: Nobody, no one should doubt the capacity of America to protect Americans. And the president has always said he will do whatever is necessary in order to protect the United States of America.

So, these guys pick a fight with us in the future or now or at any time at enormous risk and we have proven what we are capable of doing with al Qaeda, the core al Qaeda in west Pakistan/Afghanistan.

LABOTT: Some people say Bowe Bergdahl is being swift boated. Do you agree with that? Did he serve with honor and distinction as National Security Adviser Rice said?

KERRY: There's a plenty of time, Elise --there's plenty of time for people to sort through what happened, what didn't happen. I don't know all of the facts.

LABOTT: Sounds look you're not sure he served with honor.

KERRY: No, no, that's not what I'm saying. That's not what I'm saying, Elise.

What I'm saying is, there's plenty of time for people to sort through that. What I know today is what the president of the United States knows, that it would have been offensive and incomprehensible to consciously leave an American behind no matter what, to leave an American behind, in the hands of people who tortured him, cut off his head, any number of things -- and we would consciously choose decide to do that?

That's the other side of this equation. I don't think anybody would think that is the appropriate thing to do. And it seems to me, we have an ability, we know we have the ability to be able to deal with people who want to threaten Americans or threaten the United States and that's what they go back on the word to do and if the Qataris don't force what they have done, we have any number of avenues available to us to be able to deal with that.

LABOTT: Now, one of the members of the Taliban, these detainees from Guantanamo, has already vowed to return to Afghanistan, return to the fight and kill Americans and the head of the Haqqani Network who said they were holding him said, look, we have a pretty good idea here now. Let's kidnap more Americans.

I mean, what would you say to the families of American soldiers that perhaps these guys can go back and kill Americans again?

KERRY: Well, first of all, propaganda is propaganda and they will say whatever they want to stir the waters. So, people should not be lured in by their propaganda, number one.

Number two, we are ending our combat role. Our combat role in Afghanistan is over. We're going to have very few people in that kind of position on occasion where -- but I honestly -- I just think that's a lot of baloney, to be truthful, to whatever degree it maybe true, they will wind up putting themselves at the mercy of those people who are very effective, who are there, who will deal with those matters.

(END VIDEO CLIP)

FREDRICKA WHITFIELD, CNN ANCHOR: So, the secretary of state maintaining many eyes will still be on the released Taliban members. That still is not appeasing certain critics. Even members of his own party have remained doubtful.

Here's what Senator Dianne Feinstein said just a couple of hours ago.

(BEGIN VIDEO CLIP)

SEN. DIANNE FEINSTEIN (D), CALIFORNIA: I heard John Kerry this morning say, you know, don't worry about them in Doha.

You can't help but worry about them in Doha. And we have no information on how the United States is actually going to see that they remain in Doha, that they make no comments, that they do no agitation.

(END VIDEO CLIP)

WHITFIELD: All right. Clearly, still a lot of questions about the whole thing, and we may get some answers tomorrow when administration officials brief House members.

So, it's been now eight days since the dramatic release of Bowe Bergdahl and the firestorm surrounding his release continues to pick up steam.

I'm joined by now CNN political commentator and Washington correspondent for "The New Yorker" magazine, Ryan Lizza, along with CNN correspondent Erin McPike, both in Washington.

Good to see both of you.

So, Ryan, let me go to you.

We have backlash from both parties. Reported threats on Bergdahl's parents, a celebration canceled because of security concerns.

The White House expected some criticism. That is on the record. But now, Chuck Hagel will be answering some questions on Capitol Hill this week, and some are answering questions as to whether the president broke the law.

How and why has it reached this point?

RYAN LIZZA, THE NEW YORKER: Well, the first thing to say is whenever you have sort of a combination of Obama making a decision and partisan politics, these things -- Obama making a controversial decision, it gets filtered through everyone's partisan lens. So, you see Republicans who are generally favorable to getting Bowe Bergdahl back, sort of reassessing that, and you see the White House which has -- is on the record saying we never negotiate with terrorists now defending something that it's changed its mind on.

So, everyone has sort of put their partisan shirt on and looked at this. I have -- look, there's no doubt that there are legitimate questions about the law, whether the White House violated this law and I think Congress is well within their rights to look into that, well within their rights to question whether five Taliban commanders were worth the price for Bergdahl.

I think what is just out of bounds and sort of a sorry sight is people going after, one, this soldier personally and dredging up a lot of information that just is not verifiable and, two, going after his poor family who, after all, did not make this decision to bring him back.

WHITFIELD: And so, Erin, you had first rice and now Kerry, trying to set the record straight, trying to help justify why the White House made this decision. Might this help in any way to kind of swing the pendulum in the administration's favor? Or is it really, you know, just going to continue swinging?

ERIN MCPIKE, CNN CORRESPONDENT: Well, Fredricka, I think you played the answer to that question when you ran what Dianne Feinstein said this morning on CBS, when she basically said, well, John Kerry is telling us to trust the administration, just trust them, on the Taliban side, and that you don't need to worry about them in Doha. And she said, you have to worry about that.

That very message, "the trust us, we know what we're doing" sort of thing, is what got the administration into trouble in the first place. And until they spell out what Congress wants to hear, what the conditions are and what the Qataris are going to do to make sure that these Taliban five don't do anything anymore, I think you're still going to see a lot of criticism from both sides of the aisle. WHITFIELD: But, Ryan, I don't think we hear Kerry say don't worry

about them. He says eyes will continue to be on these five, whether it'd be from the U.S. perspective, or even Qatar or beyond. I mean, he's making it clear that if they do something --

LIZZA: Yes.

WHITFIELD: -- and they are being watched, then it may cost them their lives.

So, it's not release them and move on from here. Why is that not resonating with the critics?

LIZZA: Because, look, John Kerry is not going to stake his reputation on saying these five people will never do anything bad for the rest of their lives, right? At the end of the day, this is a hold your nose deal, you're letting five dangerous people go, assuming, one, that if they want to go back to Afghanistan, fine. In a year, there won't be many American troops in Afghanistan and the American troops who are there will be in a sort of reduced role. So the danger to Americans in Afghanistan a year from now is greatly reduced.

And, look, the administration can't promise anyone that these guys won't be dangerous. A prisoner swap is a prisoner swap. You don't get to hold the guy prisoner anymore. He gets to be free at some point. And that's the sort of -- you know, that's the downside they knew about when they went into this deal and that's why they're trying to focus on the more positive side, which is bringing the last soldier home.

WHITFIELD: And, of course, we haven't heard the version of events coming from Bowe Bergdahl himself, but, Erin, we are hearing about some other details about his treatment at the hands of the Taliban. He was said to be caged, tortured.

Might this impact or make any kind of difference for those who are critical about the entire deal?

MCPIKE: Possibly, but the proof of that has not yet been shown. And Senator Saxby Chambliss, a Republican, who's the ranking member on the Senate Intelligence Committee, addressed that this morning.

(BEGIN VIDEO CLIP)

SEN. SAXBY CHAMBLISS (R), GEORGIA: I've heard rumors about the escape. As far as keeping him in a cage and whatnot, I read about it in the press this morning. Nobody has made any effort to contact me from the administration.

(END VIDEO CLIP)

MCPIKE: And let me just add there, when you have the chairwoman of the Senate Intelligence Committee, as well as the ranking member, these are two senators who are very high-profile senators, not just a few Republicans who are looking to run for president. We have those two senators criticizing the administration, that is a big problem for the administration going forward.

WHITFIELD: And so, Ryan, might the dust settle once, if we ever hear the details from Bowe Bergdahl -- I mean, why should anyone think that while in captivity, for five years, that it was a cake walk?

LIZZA: Exactly. I mean, it's a kind of a crazy situation we have now. We now have the administration leaking details about the worst aspects of his captivity and you have Republican operatives going around shepherding some of his fellow troops that were critical of him and, you know, the entire thing is being pelt into partisan into a food fight.

And I honestly think, you know, when things get like this with these issues, people cling to the facts on either side and I think you're going to have a group of people that will cling to the idea that Bergdahl was some kind of traitor, and another group of people who think the exact opposite. I hate to say it, but in these kinds of partisan debate, sometimes, the facts don't always matter to the political players.

But it seems really unfair to go after the guy when he's sitting in the hospital in Germany and can't defend himself.

WHITFIELD: Yes, it really does, and I mean, I can't imagine anyone thinking that being held for five years, you know, was a vacation. So, it seems like he's been through enough and now he gets home or makes his way home, you know, and there is more criticism than there is real victory speech about what he's been through.

LIZZA: Yes, the poor guy, he's sitting there oblivious to all of this. They haven't been telling him anything about what's going on the news. So, it's going to be quite a shock.

WHITFIELD: Yes.

All right. Ryan Lizza, Erin McPike, thanks so much. Not done talking about this. When we talk about those details about being in a cage -- well, it was revealed this morning in a "New York Times" story. In addition to being kept in that metal cage for weeks, maybe months in the dark, "The Times" says Bergdahl seems physically healthier than expected after five years as a Taliban hostage. He's been walking and talking with medical staff, and is wearing his military uniform again. But apparently, he doesn't want to be called sergeant.

Joining me now is Karl Penhaul in Landstuhl, Germany, where Bergdahl is still being treated.

So, Karl, was -- what more can you add to what "The New York Times" is reporting and how they were able to get these kinds of details?

KARL PENHAUL, CNN CORRESPONDENT: Well, Fredricka, for that reason, it was very interesting to listen to that debate that you just had with your guests there, because even getting the medical details here on the ground has become very tricky because of the political firestorm around this case. The medics here at Landstuhl have not issued any update about Bergdahl's health status since before the weekend and they are citing patient privacy for this.

And then this morning when they saw the details coming out in "The New York Times," their first reaction was, well, maybe this senior Pentagon official that talked to "The New York Times," maybe he's violated patient privacy laws giving out these details.

So, as far as the medics in Landstuhl are concerned, Bergdahl remains stable, his condition is improving, and he's taking more interest in the health care program that's being set out for him.

But what we know from "The New York Times" is that Bowe Bergdahl is not showing any signs of serious problems. He has a gum problem and he has a skin problem. That's poor nutrition. And then the extreme conditions, the weather conditions he was exposed to.

"The New York Times" also says he weighs 160 pounds. That for a guy who is 5'9" is a pretty good weight. No signs that he's emaciated there.

And, again, "The New York Times" elaborating on details that CNN also reported on last week, that a certain of period of time, Bergdahl may have been held in a metal cage because he tried to escape. Well, "The New York Times" saying held up for weeks at a time in total darkness, although I believe that one of my CNN colleagues now in Doha may have others comments even from the Taliban about that.

So, there's a lot of information coming out. We have to sift through it and see who's telling us what and why, to see who that fits into all of this political firestorm, Fredricka.

WHITFIELD: Right. All right. Thanks so much, Karl Penhaul there in Landstuhl, Germany. Appreciate that.

Of course, we'll get back to that story, of course, Bergdahl, it's still unclear when he's going to make his way back to the U.S. When we get that information, we'll pass it on to you.

In the meantime, look at this -- the pope about to lead prayer. A very rare prayer meeting today, bringing together two key Israeli and Palestinian leaders. But will it also help bring about peace to the region?

(COMMERCIAL BREAK)

WHITFIELD: All right. Happening right now at the Vatican, a very unique prayer meeting. Pope Francis hosting a prayer to peace and the presidents of Israel and the Palestinian Authority leader are with him right there. These are live pictures right there. Shimon Peres there at that podium, the joint peace prayer started just moments ago.

The pontiff actually invited the two leaders to the Vatican during his visit to the Holy Land last month if you recall. It was completely unexpected at the time and so here we are, the leaders now reading invocations for peace in the region and soon they will also plant an olive tree in the Vatican garden as a symbol of peace. CNN's Vatican correspondent Delia Gallagher is with me, along with

senior Vatican analyst John Allen. They are both joining us from Rome.

Good to see both of you.

So, boy, this pope never ceases to surprise, huh? So, Delia, you know, the Vatican stresses that the pope is not trying to mediate disputes between the two sides. It's just about a prayer for peace. Explain what this means and why it's so meaningful for this pope to do something very unique like this.

DELIA GALLAGHER, CNN VATICAN CORRESPONDENT: Well, that's right, Fredricka. Ostensibly, they don't want to get involved in the nitty- gritty of political negotiations. But what is so interesting about this investigation is that it's kind of a creative way for Pope Francis to get both parties under the same roof even if they don't have to talk politics. In fact, what is unique about this meeting is it's a prayer meeting, but it's a prayer meeting with two politicians.

So, inevitably, there is a political angle to this day. They had a chance privately to meet with the pope individually before the event began and they will have a chance afterwards to meet altogether.

So, indeed, the pope is certainly hoping here not to discuss any particular politics but it is a kind of innovative way that we're seeing Pope Francis do diplomacy -- Fredricka.

WHITFIELD: And, John, of course, looking very formal, too, as if, you know, politics is at the center piece of all of this.

So, we know that the pope is a champion of peace. He held a prayer meeting for Syria just a few months ago as well. Does the Vatican hope that, you know, the spiritual context of today's meeting will lead to a diplomatic action later? You know, again, everyone is saying politics is not part of it, but ultimately, it does still kind of hover.

JOHN ALLEN, CNN SENIOR VATICAN ANALYST: Well, sure, Fredricka. Now, the Vatican has done everything it can to play down expectations, of some kind of immediate breakthrough. In fact, one of the officials involved in putting together tonight's service said that anybody with a minimum understanding of the situation in the Middle East is not going to expect that peace is suddenly going to break out on Monday because Abbas, Peres, the pope and the patriarch of Constantinople who was here tonight prayed for peace Sunday night.

Now, that said, what Pope Francis said just moments ago is that what he hopes this night will represent is the beginning of a new journey. That is I think his hope is that by providing what they call a pause from politics, that is, not inviting not just these two leaders but in a sense these two peoples to stand back from what Delia called the nitty-gritty details of their conflict, to try to locate this in a broader picture of the aspirations both sides have for peace, that would provide a kind of new momentum that somewhere down the line, Fredricka, might yield some kind of resolution to this conflict. WHITFIELD: Interesting. John, you say this is the beginning of a new

journey. One has to wonder if there are new meetings that might be on the horizon and whether the pope would be involved in that. I guess we'll have to see. Again, he never ceases to surprise.

Delia Gallagher, John Allen, thanks to both of you. I appreciate it, from Rome.

All right. Back in this country, it was a little disappointing, yes? But still exciting nonetheless. No Triple Crown for California Chrome. So, why is the horse's owner fuming and even calling other owners now cowards?

(COMMERCIAL BREAK)

WHITFIELD: All right. Let's take a little moment to talk about horse racing and what wasn't. California Chrome was apparently eating dust as the Belmont Stakes last night. After winning the Preakness and Kentucky Derby, the horse was favored to win the Triple Crown but it wasn't to be. He ended up tied for fourth.

CNN's Richard Roth joining me now from New York.

So, Richard, Chrome's co-owner is not taking the loss well. Was he a sore loser or is he trying to educate people or what happened?

RICHARD ROTH, CNN SENIOR CORRESPONDENT: Yes. Well, he was definitely upset. His trainer thinks it might have been in the heat of the moment but Steve Coburn, the co-owner was angry on many days before the big race. Perhaps it was the pressure getting to him.

But as you noted, California Chrome was a loser and many racetrack observers believe his co-owner was a sore loser.

WHITFIELD: Oh!

(BEGIN VIDEOTAPE)

ROTH (voice-over): Steve Coburn, owner of California Chrome, was in a good mood moments before the Belmont Stakes, waving his cowboy hat to the fans. But minutes later, Coburn refused to wave the surrender flag after California Chrome finished fourth, missing out on the elusive Triple Crown.

The California factory worker blasted other owners of horses who did not run in the first two legs of the Triple Crown, the Kentucky Derby and Preakness, leaving them restive for the Belmont, to take down California Chrome.

STEVE COBURN, CALIFORNIA CHROME CO-OWNER: This is a coward's way out, in my opinion. This is a coward's way out.

ROTH: Critics have called Coburn's comments sour grape. He didn't back down Sunday morning.

COBURN: These people, they nominate their horses for the Triple Crown which means three. Triple. Three. And then they hold out two and they come back and run one. That would be like me at 6'2", that would be like me at 6'2", playing basketball with a kid in the wheelchair.

ROTH: But the Triple Crown has been won only occurred 11 times. And that test of endurance winning three races of different distances in just five weeks is why it's horse racings' greatest achievement.

Coburn's 77-year-old trainer was more generous in defeat.

ART SHERMAN, CALIFORNIA CHROME TRAINER: The horses are not cowards and the people aren't cowards. You know what I mean. I think it was a lot of text myself. But, hey, he was at the heat of the moment, you know what I mean? And don't forget, he's a fairly new owner, you know what I mean? Sometimes, your emotions get in front of you.

ROTH: Coburn went to the barn to check on California Chrome who has an ailing hoof. The owner still sounded in pain.

COBURN: If there's ever a chance that we have another horse that has earned his way to the Kentucky Derby, we will run in Kentucky and then the hell with the rest of them.

ROTH: California Chrome is off to California. His owner will follow but not singing "New York, New York" on takeoff.

(END VIDEOTAPE)

ROTH: Coburn, the co-owner, well, his feelings are bruised and so was his horse, definitely with a bleeding hoof there after the race. But no excuses were given blaming that to the performance of California Chrome. Third biggest attendance at the Belmont Stakes ever, just over 100,000 people in attendance, Fredricka.

WHITFIELD: Exciting stuff. All right. You among them.

Richard Roth, thank you so much.

Let's talk more about this morning. Do the rules at Belmont sabotaged California Chrome's chances?

Let's bring in Hank Goldberg. He's an ESPN commentator. We spoke yesterday. And he was trackside also for the race.

OK. So, Hank, help us understand the comments from where those comments came. It's not customary that all 11 horses that would be in the Belmont Stakes were all in the previous races, right?

HANK GOLDBERG, ESPN COMMENTATOR: Absolutely not. It's just another race and another opportunity for horses and this has happened before. It's interesting, we've been talking about the race now for a few minutes and we haven't mentioned the winner, Tonalist, who did a spectacular job. He's a well-bred horse, better bred, I must say, than California Chrome and I think he's going to go on to do great things.

I am guilty of not picking him myself because I thought he was too lightly raced for this experience but -- and had he a terrific jockey in Joel Rosario and, by the way, it was a heck of a race.

But getting back to your question, the name of this outfit is DAP. I don't know if I can say what it means here, but it has a donkey for a logo and certainly Mr. Coburn lived up to what that represents in his comments.

WHITFIELD: Oh, boy!

OK. So, now, you know, I guess these comments just stay with the moment because it's not enough to change, you know, landscape of racing. I mean, it will always be the case that if you want your horse to run in the Preakness or the Belmont or the Kentucky Derby, and the horse qualifies, it's likely to be in that race and it doesn't necessarily have to be with the achievement or goal of a Triple Crown, because that's really what he's saying, that you're either for the Triple Crown or you, you know, really have no place in any one of the three races.

GOLDBERG: Well, Nick Zito, who has been down this lane before himself had an interesting comment this morning. There used to be a Triple Crown bonus for a horse who would run all three legs and, for that matter, he was saying that perhaps they could put in a system where a horse wins two of the three legs gets a bonus. They could do that. But why change this? It's a difficult task to win all three.

FREDRICKA WHITFIELD, CNN ANCHOR: Yes. It's why it's so phenomenal. Maybe that's why it's been 36 years, right? It's not easy.

GOLDBERG: That's right. Absolutely. And why embarrass the horse and a classy man like Mr. Sherman who, you know, did a great training job? The horse was injured early in the race. Had he a little chunk taken out of his leg when he was kicked and he still almost won. He ran his usual race except for the fact that he was five wide on the turn and had a little more ground to make up than usual and still he pulled even with the leaders with an eighth of a mile to go and it looked to me like he was a little bit tired. That takes a lot out of you.

WHITFIELD: And that's the longest race of the three.

GOLDBERG: Exactly.

WHITFIELD: Hank Goldberg, thanks so much. Appreciate it.

GOLDBERG: Thank you, Fredricka. Nice to see you, too.

WHITFIELD: All right, well, Hollywood hopes and prays for Tracy Morgan's speedy recovery. A criminal investigation is now under way for a crash that left him critically hurt. Who investigators have charged. Next.

(COMMERCIAL BREAK)

WHITFIELD: Comedian, Tracy Morgan, remains in critical condition today, a day after a deadly multi-vehicle crash in New Jersey. Police say the chain reaction crash started when a tractor-trailer rear-ended Morgan's limo bus early Saturday morning. That truck driver is now facing charges. Alexandra Field is following the story from New York. Alexandra, what is the latest on the investigation?

ALEXANDRA FIELD, CNN CORRESPONDENT: Well, Fred, New Jersey State Police tell us that the truck driver has surrendered himself to face some pretty serious charges. We've put in a number of phone calls to Kevin Roper's attorney. We have not heard back from the attorney, but we are today hearing from Kevin Roper's employer, Walmart.

(BEGIN VIDEOTAPE)

TRACY MORGAN, COMEDIAN: I'm Tracy Morgan.

UNIDENTIFIED FEMALE: Do you have anything on your person that says that?

MORGAN: How about my face? That's on my person.

FIELD (voice-over): Actor/comedian, Tracy Morgan, and two others in critical condition. His friend, James McNare, the comedian known as Jimmy Mac killed after their Mercedes limo bus flips over on the New Jersey turnpike.

UNIDENTIFIED FEMALE: Devastated. We're devastated. James, I love you.

UNIDENTIFIED MALE: Great comedian, great actor but very giving.

FIELD: A Walmart truck driver faces serious charges for causing the six-vehicle wreck. One count of death by auto, four counts of assault by auto. New Jersey State Police say Kevin Roper, a 35-year-old from Georgia failed to see traffic slowing down and that at the last minute, he tried to veer, but slammed into the limo bus around 1:00 Saturday morning.

UNIDENTIFIED MALE: Two tractor-trailers are involved. Comedian, actor, Tracy Morgan was involved. He's in intensive care.

FIELD: The National Safety Transportation Board is also investigating the accident. Their focus is on commercial limousine and commercial trucking safety. Walmart President Bill Simon says the company is profoundly sorry in a statement that continues, quote, "If it's determined that our truck caused the accident, Walmart will take full responsibility. We will do what is right for the family of the victim and the survivors in the days and weeks ahead."

Morgan came to fame on "Saturday Night Live," later starring with Tina Fey in the hit show "30 Rock". Here he is before the accident Saturday night performing at a casino in Dover, Delaware. The pictures of Morgan and the packed house posted on Facebook by fellow comedian, his opening act. A final picture shows their limo bus just before both men boarded.

(END VIDEOTAPE)

FIELD: And in the immediate aftermath of the crash, four people were rushed to Robert Wood Johnson Hospital in New Brunswick, New Jersey. Three are in critical condition including Tracy Morgan. One person, another passenger on that limo bus has been treated and released now.

WHITFIELD: All right, terrible sad situation. Thanks so much, Alexandra.

Should there be a written consent between college students before sex? That maybe the case for some students if the California bill becomes law. Our legal ladies way in next.

(COMMERCIAL BREAK)

WHITFIELD: In California, they are trying to tackle the issue of date rape on college campuses. A new bill which has already passed the state senate would require both people to give written or verbal consent before having sex. The wording of the bill says each person must give, quote, "an affirmative unambiguous and conscious decision to engage in mutually agreed-upon sexual activity," end quote.

This bill applies to public colleges in the state. It isn't law yet. California State Assembly could either reject it or make changes to the bill. And if passed, what kind of law could this look like and would it be enforceable?

Let's put this question to the legal ladies, Mo Ivory is an attorney and radio personality, and Judge Glenda Hatchett is, of course, the star of the "Judge Hatchett TV Court Series." Welcome to both of you.

OK, so many, you know, I guess many will say that something needs to be done because there is a problem with rape, sexual assault involving kids on college campuses. But then you have to wonder, what does this look like, Mo? How could this law potentially be crafted so that it's not challenged by State Supreme Court or even Federal Supreme Court?

MO IVORY, ATTORNEY: I don't know that it could. I applaud California for trying to do something, right, about the problem, like you said. But I just don't know how in application this could actually work. Judge and I were just talking about what if a student -- first of all, it's hard for students to wake up in the morning and go to school on time, right?

It's hard enough to get them to clean their room. I can't imagine a situation where you're getting ready to engage in some kind of sexual activity and the boy, the girl, whoever it is says sign here, please, or send me a text saying that you consent to this because what happen if things change five minutes later and you don't consent anymore?

GLENDA HATCHETT, AUTHOR, "SAY WHAT YOU MEAN AND MEAN WHAT YOU SAY": Well, realistically, how do you enforce this? Let's just be real. How do you enforce it? What are the penalties if you didn't do it? How can you do this? How can you prove that even if you gave consent it wasn't under duress? I mean, there's so many problems with this. However, the other side of the bill, because I was careful to think, there's got to be something more here, it does require the states to get funding from the state to get --

WHITFIELD: Yes. HATCHETT: -- and policies. And to that part, I think it's great and for treatment. Now, the California constitution says if you mandate it, you've got to fund it. So it's going to be interesting. I think this is dead on arrival.

WHITFIELD: Yes. These lawmakers want to come up with something in order to make it work, not that you -- they are advising you for counsel or advice on this, but what would have to be in that bill to make sure that there are not the challenges that you just stated?

IVORY: I think there's going to be a challenge and whatever crafty language, whatever sort of permissible --

HATCHETT: But I do think, Mo, that there's a way to keep the whole preventive part, education part, treatment part in here and I would applause them and encourage them, but this whole consent piece has too many loopholes. You get prosecuted on saying that you rape somebody, but then there's this consent. There's too many problems.

WHITFIELD: Yes. The idea that there was this message, something that says, OK, we're going to do this, but then, you know, as we mentioned in the heat of the moment, something happens, someone changes their mind and says I'm not doing this but then the other person continues.

IVORY: No form, no texts, nothing can change that circumstance.

HATCHETT: And how many students realistically are going to do this?

IVORY: None.

WHITFIELD: It seems as though there is some research or something that preceded this attempt to get this kind of bill or this drafting.

IVORY: Concerned parents, concerned legislators. Like you said, I applaud them for that but I just don't think this is the way.

HATCHETT: There are a lot of problems that need different kind of solutions. This energy is misdirected.

WHITFIELD: Mo, Judge, thanks so much. Good to see you ladies.

All right, let's take a swim. How about with polar bears. Scientists strapped cameras on several bears. A pretty amazing video. You ready to take a plunge, Ladies? Not quite. We're going to plunge into the story after this. How about that?

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: I'm an artist. I've been painting. I'm like a neighbor, you know. The clay is very special. It goes very well with everybody. And that's Nadal. With my brush, it's like I play with a rocket. What I feel when I do this painting is my hand is like a violinist. You play and very quickly you don't look at your hand.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

WHITFIELD: All right, consider it a window into the lives of polar bears. Take a look at this fascinating video showing polar bears in their habitat and just a window into their everyday lives. You can see a bear flirting with a potential mate. This video from the U.S. Geological Survey.

It's actually an educational tool to help all of us better understand the perils of the polar bear and how they are responding to the loss of arctic sea ice and really it's a matter of survival for a lot of these polar bears. For eight to ten days this past April, scientists put cameras around the necks of four female polar bears to see about their life, their struggle to survive.

All right, perhaps that video was pretty fascinating to you. How about this? It may make you say OMG. Talk about a clash of cultures. The Seattle Symphony performed the '90s rap hit "Baby Got Back" and they sang it with Sir-Mix-A Lot.

These are all members of the symphony, by the way. This is why they took everyone to the '90s. Each year the Symphony celebrates the past, the present and the future of Seattle's musical legacy. So there you have it. A little bit of everything.

All right, if there's a big gap in your resume, perhaps, it can be pretty hard to jump back into your career. Well, next, a new way to help you make that transition. But first, barbecue, the blues, and Beale Street. We take a tour of Memphis with the "King."

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UNIDENTIFIED MALE: Hi, I'm from Memphis, Tennessee, and I want to show you my city. When you think of Memphis, you think of Beale Streets and Elvis. This is where it all began, Sun Studios.

UNIDENTIFIED FEMALE: Elvis Presley started recording here in 1953. Other than Elvis, artists like Johnny Cash, Jerry Lee Lewis.

UNIDENTIFIED MALE: Where did the "King" stand?

UNIDENTIFIED FEMALE: He stood right about here. This is one of the original microphones that we use back in the '50s to record.

UNIDENTIFIED MALE: This is the exact microphone? Are you lonesome tonight?

UNIDENTIFIED FEMALE: It's very special because it has the same quality of sound that they would have had back in the '50s.

UNIDENTIFIED MALE: Sun Studio it has cool old-style malts. Want some of this? When I'm in town, Beale Street is where I want to be. Here I am with my all-time favorite place to eat, Blues City Cafe. Man, that was awesome. The best place to party that I like is at BB King's. A lot of musicians have drove through here. Look, man, don't be a fool. If you want good music, come to Memphis, Tennessee. Thank you very much. (END VIDEOTAPE)

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WHITFIELD: It's pretty hard for many women to find balance between work and kids. It's hard to get back into the corporate life after taking time to raise a family. Now it's easier to make that transition with what is being called a return ship. Here is CNN's Alison Kosik.

ALISON KOSIK, CNN BUSINESS CORRESPONDENT: Hi, Fredricka. After taking a big time off of work to raise kids, it's hard to get back into work especially in a male-dominated field, but Wall Street is helping with the transition.

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UNIDENTIFIED FEMALE: Today is my first day of the new job.

KOSIK (voice-over): Kristen Marx is now a vice president at Morgan Stanley, but a year ago she was doing a very different job, stay-at- home mom. After working her way up to VP at Goldman Sachs, Kristen took a ten-year career break to focus on her kids.

KRISTEN MARX, VICE PRESIDENT, MORGAN STANLEY: Days turn into weeks and years. There is always something to focus on with them at home and it never feels like it would be necessarily an easy thing to come back and work 40 hours a week.

KOSIK: Marx isn't alone. More than 40 percent of women take a break from the workforce to take care of family and in a field like finance, that can feel like it's full of wolves. But Wall Street is trying to change that. Running paid internships for people who have left the workforce, usually moms.

JEFF BRODSKY, HUMAN RESOURCES CHIEF, MORGAN STANLEY: It gives us an opportunity to see where they fit in the organization and for them it's a real opportunity to figure out if they really do want to re- engage on a full-time basis.

KOSIK: It's not just Morgan Stanley, Goldman Sachs, Credit Suisse and JP Morgan also runs programs and it's spreading beyond Wall Street.

CAROL FISHMAN COHEN, CO-FOUNDER, RELAUNCH: Prior to 2004, we could only identify nine programs and now we have identified 105 programs.

KOSIK: Carol Fishman Cohen is the woman companies go to when they want to launch a return-to-work program. She has helped thousands of women trying to re-enter the workforce. Even Hollywood is catching on to the trend.

COHEN: There are TV characters like Felicia Florith in "The Good Wife." Claire Dunfy in "Modern Family."