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CNN Saturday Morning News
Reports Tap Chuck Hagel as Possible New Defense Secretary; Details Emerging in Ohio High School Rape Case; NYT Reports: Lance Armstrong May Admit to Doping; Interview With Freshman Utah Republican Congressman Chris Stewart; Calls for Reform of Rape Laws in India; Lawmaker Fights Abortions; NYC Courts Feeling Sandy's Impact; How to Eat Like a Local in Denver, Colorado
Aired January 05, 2013 - 08:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
RANDI KAYE, CNN ANCHOR: Good morning, everyone. I'm Randi Kaye.
VICTOR BLACKWELL, CNN ANCHOR: I'm Victor Blackwell. It's 8:00 on the East Coast, 5:00 out west. It's good of you to start your day with us.
We start with the next domino for the Obama administration. Sources tell CNN that President Obama is likely to nominate Chuck Hagel as Defense secretary next week. Hagel is a former Republican senator from Nebraska who retired in 2009.
The president has called Hagel a patriot, but Republican critics have noted that Hagel has opposed sanctions against Iran and the surge of troops in Iraq under the Bush administration. He would replace current Defense Secretary Leon Panetta.
From politics to public scorn, Lance Armstrong's fall from grace continues. "The New York Times" is reporting that he's contemplating publicly admitting that he did dope. Sources tell the paper he's considering an admission because he wants to persuade anti-doping officials to allow him to get back into professional cycling.
"The Times" sources unnamed associates and doping officials in its report, but Armstrong's attorney tells CNN that his client is not in talks with the U.S. or world doping agencies. Throughout the years, Armstrong has repeatedly and strongly denied that he used banned performance-enhancing drugs.
BLACKWELL: It's a new year and I have some new -- I have some new numbers to share with you now. December's unemployment rate first at 7.8 percent. Another number, 155,000. That's the number of jobs added in December, adding up to more than 1.8 million jobs created last year.
The coastline of Alaska has had a rude awake -- wake-up call this morning in the form of a 7.5 magnitude earthquake that hit off the southern coast of Alaska around 4:00 a.m. Eastern. Officials sent out tsunami warnings shortly after the quake, but they have been canceled. There has been no report of damage.
KAYE: In Steubenville, Ohio, two high school football players are accused of raping a 16-year-old girl during a night of partying back in August. We are now learning exclusive new information about that night, including a text message that may have been sent by the alleged victim, according to an attorney for one of the accused.
Susan Candiotti is in Steubenville for us this morning. Susan, good morning. I know that you're the one who spoke with this attorney and got this information about this text message. What can you tell us about it?
SUSAN CANDIOTTI, CNN NATIONAL CORRESPONDENT: Randi, this is coming, again, from a lawyer for one of the alleged rapists, who is a juvenile, 16-year-old Trenton Mays. And his lawyer claims that his client received a text from the alleged victim, a 16-year-old girl in this case, sent him a text message that read, "I know you didn't rape me."
Now he will not show us that text. And we also do not know whether other texts were sent earlier, later or -- this is the only one that we would talk about. So we're looking at this in a vacuum right now.
However, of course, we immediately talked to the attorney for the alleged victim in this case to try to find out some answers. He said that he would not confirm this text.
But he did point out that the evidence so far during preliminary hearings in this case, one including back in October, a probable cause hearing in which there was testimony that the young lady told police that she didn't remember anything about that night. And there was other testimony that she was drunk or unconscious much of the time. So we're trying to put that into context.
You may have seen, as a lot of us did, a photograph from part of that night in which, according to the lawyers, the two defendants in this case were carrying this girl and she is being carried by her arms and legs and people have described her as appearing or appearing to be semi-conscious.
The lawyer claims, in fact, his client was conscious during that photograph when it was taken, that she was conscious. And he said that if, in fact, she was conscious, at some point in the night or during the course of the night, even if she was drunk and if she had any sexual activity with his client that -- and gave consent that it would not be illegal.
So a lot of matters to sort out here -- Randi.
KAYE: I guess the question is, if she did, if that text was, indeed, sent -- and it was circulated from what I understand to the lawyers and prosecutors, it's interesting that charges were brought given that text and that that will be entered as evidence.
CANDIOTTI: Well, remember, we don't know what all the evidence is. There is -- authorities won't comment on it. In fact, we asked the attorney general's office for a comment on this. He had nothing to say about it. And so we don't know the big picture. This is one snapshot of it. Of course, everyone being reminded, let's wait until this case plays out at trial, which is supposed to start next month. Now there's another claim by the same lawyer that is saying that the attorney general has sent letters to several potential witnesses in this matter, teenagers who were there that night, that if they testify for the prosecution, a promise that they would not be prosecuted for anything that they might have done that was illegal in this case. And here is what the lawyer said about that.
(BEGIN VIDEO CLIP)
ADAM NEMANN, ATTORNEY FOR TRENT MAYS: The prosecutor's office had given them written verification that charges would not be filed against them if they agreed to testify.
CANDIOTTI: What are you saying?
NEMANN: Well, I'm saying it very clearly. I think the inference clearly is that they will not be charged with a crime if they cooperate and if they testify regarding what they saw and whether or not it's truthful, does that contain the process? That is my concern.
(END VIDEO CLIP)
CANDIOTTI: Now Randi, I spoke with a spokesperson for the attorney general and, in fact, the attorney general himself the other day and he denied that any deals have been made with any witnesses in this case. So we'll have to see how this plays out as well.
KAYE: Susan Candiotti, certainly sounds like a lot more people are going to get involved in this one. Thank you so much.
And a little later we should note, we'll talk to CNN senior legal contributor Paul Callan, former criminal prosecutor and defense attorney, and we'll explore the legal challenges of this case ahead.
BLACKWELL: A new poll finds more Americans disapprove of the fiscal cliff deal than approve. Gallup found 43 percent approve, 45 disapprove and 12 percent had no opinion.
Along party lines, more than 60 percent of Democrats gave their nod to the compromise bill which among other things, tax the wealthiest at higher rates. But more than 60 percent of Republicans disliked the deal.
Gallup also found that of all the political leaders involved in the fiscal cliff showdown, House Speaker John Boehner ended up with the worst approval ratings, but not by much.
KAYE: Now to Syria, where rebels are close to taking control of a government air base in northern Syria. At least 129 people died in civil war fighting in Syria on Friday. According to the opposition, with bloodshed increasing in the suburbs around the capital of Damascus, the United Nations now puts the toll from almost two years of fighting at more than 60,000.
Meanwhile, U.S. troops have arrived in Turkey to man patriot missile batteries near the Syria border. CNN's Nick Paton Walsh has the latest now from Istanbul.
(BEGIN VIDEOTAPE)
NICK PATON WALSH, CNN INTERNATIONAL CORRESPONDENT: Well, late on Thursday night, Turkish media reporting that nearly 30 U.S. military personnel flew into the southern city of (INAUDIBLE), staying in a hotel there before they conducted site surveillance as to where these two patriot missile batteries were to go.
U.S. officials from the embassy confirming on Friday that, yes, the process has begun of U.S. personnel and equipment flying into the southern military base of (INAUDIBLE). This, of course, is part of the U.S. contribution to NATO's response of Turkey asking for extra defensive help along that very volatile border with Syria. Holland and Germany also expected to both contribute to patriot missile batteries and hundreds of troops to support that particular deployment.
What this does is put the world's largest military machine, NATO, right on the doorstep of this very bitter and brutal 21-month-long now civil war. The reason for this deployment was of course Syrian regime shells landing inside Turkey, prompting Turkey's request to NATO.
That tension has died down. But what has changed is the escalation in the conflict. Rebels are certainly on the ascendance in the north pressing down hard on Friday on a helicopter base called (INAUDIBLE) , which they're trying to take to stop the regime's ability to project air power across the north.
But as the Assad regime gets more desperate, many concerned they'll reach into their arsenal, perhaps to the more deadly weapons inside, fears of chemical weapons, which they deny having, and U.S. accusations of scud-type missiles have already been used. NATO says its equipment and people are there purely to defend Turkey.
But at the end of the day, they have as some say, skin in the game and they're right on the doorstep of this civil war. Perhaps were a shell to go astray, that may cause some ramifications for NATO's patriot deployment there.
All eyes watching this and certainly NATO making the key point this is purely defensive. But now a significant escalation, certainly psychologically on what's happening in that border area.
Nick Paton Walsh, CNN, Istanbul.
(END VIDEOTAPE)
KAYE: We've got much more ahead this hour.
BLACKWELL: Here's what's coming up.
KAYE: Criminal evidence destroyed. Why justice is in jeopardy in New York. All thanks to super storm Sandy.
Partisan, unpopular, ineffective. Just some of the words used to describe Congress. All morning long we'll go in focus on whether the House of Representatives is more like a house of cards.
What lawmaker is introducing controversial sex selection legislation along with three other bills next week? We'll talk with him.
(COMMERCIAL BREAK)
(BEGIN VIDEO CLIP)
JAY LENO, NBC TALK SHOW HOST: John Boehner re-elected speaker of the House, which is pretty amazing, a Republican winning anything these days. That's amazing that he would get elected.
Christie also lashed out at Congress for doing nothing for the victims of hurricane Sandy. But in their defense, Congress says hey, we don't do anything for anybody. We're Congress. We don't do anything.
(END VIDEO CLIP)
BLACKWELL: Welcome, freshmen. The 113th Congress has been sworn in. There's a lot to get done inside a very fragile House. That's our focus today, an uphill battle for a House that's been called unproductive, unpopular and uncooperative.
One of the newest members, Congressman Chris Stewart, Republican from Utah. Congressman, it's good to have you with us this morning.
REP. CHRIS STEWART (R), UTAH: Good morning. It's good to be with you.
BLACKWELL: So let's get right to it, a December CNN/ORC poll asked voters in whom they had more confidence, President Obama or Congress. The president at 49 percent, Congress 31 percent.
As a freshman member of the GOP in the House, what are your plans to help change that perception and get past this gridlock?
STEWART: Well, it's a great question. It's what American people want. They want us to get past the gridlock. You know, we have to give our congratulations to the president. He had a great campaign. And the American people responded to that.
But Congress, I think, has a job to do as well. And I represent a lot of people back in my district that want us to go back there and to be an advocate for certain principles and we're going to try and do that. But I think we can do that in such a way that maybe we bring other people into the process and work across the aisle as well.
Our freshman orientation was great because we got to spend some time with someone from the Democratic Party and make friends and relationships there. I think that's the first thing we have to do.
BLACKWELL: Would you have voted for the fiscal cliff compromise?
STEWART: You know, I was listening to you earlier, saying where the American people have determined it's a bad piece of legislation. And I agree with that. I want to be careful in what I say there. I wasn't here for the debate and a lot of the conversations. But the end result was we had a pretty significant tax increase. We had special loopholes for Hollywood and for big banks and I just don't think that's helpful to our country right now.
BLACKWELL: I'm going to ask for a yes or no on that vote, sir.
STEWART: Well, I would say absolutely not, I wouldn't have voted for it.
BLACKWELL: Absolutely not, OK. Is there one portion of the concessions that Republicans made in this deal that you can support, one thing you could say, all right, on that, OK, one compromise?
STEWART: Oh, yes, for sure. I mean I think the Republicans are very clear in that they are trying everything they can do to keep taxes down on the middle and lower class.
BLACKWELL: But that's not a compromise. That's clearly what the Republican line has been from the very start. What's the thing that Republicans gave up? Is it the unemployment insurance? Is it the doc fix? Is it the rates? Give me one thing that you say on that I will compromise.
STEWART: Actually, I think that is a compromise because a compromise is, by definition, something that people agree on. And the Republicans and Democrats agreed on that. I think probably the unemployment extension is another pretty good example of where they came together and found some like minds on that as well.
BLACKWELL: And you agree with that compromise?
STEWART: Yes, I do, that portion of it.
BLACKWELL: So you campaigned heavily on change, right, in Utah.
STEWART: Yes.
BLACKWELL: I want to put this up. It's time that we demand that Washington show some courage. It's time that we demand our leaders turn back to the fiscal and moral responsibility that enabled the American dream.
You're one of those leaders now and you're going to have to make a vote or come to some decision on the debt ceiling. Are you willing to vote to raise the debt ceiling?
STEWART: I think ultimately we're going to have to, aren't we? I don't think there's a single person in Congress or in Washington who recognizes that, you know, sometime in the next short while, we're going to hit that limit. And at that point, we have to -- we have a financial obligation to, you know, millions of people and to programs throughout our government.
The question is, what are we going to do to fix the problem? Like you started out with your quote there, we want to come back and fix something. We want to do something meaningful here.
And I tell you what. The problem is that we just continue to kick the can down the road and it doesn't help anyone. We talked about saving our children, our country for our children, our grandchildren. I don't think we have that long when it comes to our debt. We can't -- this isn't a generational problem.
This is a problem we've got to take care of right now.
BLACKWELL: And you're talking policy, which is a good thing to talk about. Of course, we know in Washington politics and imagery plays a big role. I want to start with what the president said about negotiating on the debt ceiling.
Let's listen to what he said.
(BEGIN VIDEO CLIP)
BARACK OBAMA, PRESIDENT OF THE UNITED STATES: While I will negotiate over many things, I will not have another debate with this Congress over whether or not they should pay the bills that they've already racked up through the laws that they passed.
(END VIDEO CLIP)
BLACKWELL: Here is a response from Senate Minority Leader Republican Mitch McConnell. He says, the president may not want to have a fight about government spending over the next few months, but it is the fight he is going to have, because it's a debate the country needs.
This sounds like what we saw in the 112th and in sessions before that, the same old rhetoric leading up to this new cliff. Do you think that there's a very conceivable threat that the government could default on its loans if Republicans?
You say that the ceiling needs to be raised. Cornyn says -- Senator John Cornyn of Texas -- says it may be necessary to shut down the government.
What's your view on that?
STEWART: Look, whether we go through a process of actually reaching the point where the government is shut down, we may or may not do that. I don't know. I don't think anyone knows. Ultimately, we know that whether we go through that process and then pick up the pieces from that, of course, we are still going to have to increase the debt ceiling limit at some point.
I got to tell you, I just think it's completely inappropriate for the president to take this position that he refuses to engage in this. That's the problem that we've had with this administration, is that they haven't shown leadership on so many of these issues. They've been so willing to put it down into the House or into the Senate.
And the president is the president. He needs to lead on these things. And I think it's terribly unhelpful for him to take the position that he's above this when we need him to engage in this. We need him to show leadership on this.
BLACKWELL: Congressman Chris Stewart of Utah. Thank you, sir, for your time today.
STEWART: Thank you so much.
BLACKWELL: Coming up in our next hour, our political analysts look at what this Congress needs to do to win public support again.
KAYE: Hugo Chavez's inauguration is in jeopardy due to his health problems. But will it end his presidency? Plus this --
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: From where we boarded the bus, they took us around for two, two and a half hours.
(END VIDEO CLIP)
KAYE: The brutal rape of a medical student in India sparks outrage. We'll hear more from one of the victim's friends who was with her during that awful attack.
(COMMERCIAL BREAK)
BLACKWELL: In Venezuela, officials say President Hugo Chavez has a severe lung infection and is, quote, fighting for his health (sic) right now. But despite rumors that the 58-year old won't be able to be inaugurated to his fourth term next week, Vice President Nicholas Medora says Chavez can always take the oath at a later time.
KAYE: The fatal gang rape of a 23-year old medical student in New Delhi has led to more than just widespread protests in India. It's also forcing changes in how the country handles sexual assaults and treatment of women. CNN's (INAUDIBLE) reports.
(BEGIN VIDEOTAPE)
UNIDENTIFIED CNN CORRESPONDENT: The Indian women fighting back, beating a local politician, ripping off his shirt. He was staying in a village in northern India when he allegedly raped a local woman in the middle of the night. The politician's vehicle is not spared either, dobbed (ph) with the word "gunda" (ph), meaning goon. The woman, a middle-aged mother of two.
The accused now under arrest and soon to be charged, according to local police, his party leaders disowning him.
UNIDENTIFIED MALE (through translator): We condemn such kind of incidents and if he is found guilty the law will take its own course.
UNIDENTIFIED CNN CORRESPONDENT: Such stories would normally have gone unnoticed, especially in rural India where rape is commonplace and the stigma surrounding sexual assault dissuades victims from reporting rape cases. But now what was taboo in India is on the front pages and leading TV news and the evidence is shocking. A 19-year-old girl in Rajistan (ph) set herself on fire after being harassed by a neighbor for years. She died in hospital Friday. A woman in Behar (ph) jumped off a moving train after two soldiers allegedly tried to molest her.
Indian law is vague on sex crimes but charges such as outraging or insulting the modesty of women. Now there are demands for a complete overhaul of the legal framework. The watershed moment, the brutal gang rape of a medical student in New Delhi last month stirring unprecedented public outrage.
R.P.N. SINGH, JUNIOR INTERIOR MINISTER: The best tribute to her memory is how each one of us here can work to make sure that this never happens again. The entire country is watching us with great expectations. We cannot fail their hopes. I think we need to set the agenda here with two words -- zero tolerance.
CORRESPONDENT: The home minister has called for more female police officers. A help line has been set up and one state plans a public website with details of all convicted rapists. The big question now, whether all the promises made will become reality in helping the women feel more secure.
(INAUDIBLE), CNN, New Delhi.
(END VIDEOTAPE)
KAYE: And we are now hearing new details about the rape of that medical student. Her male friend, who was also attacked, is speaking out for the very first time about this attack.
Here is what he told "Reuters."
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE (through translator): From where we boarded the bus, they took us around for two, two and a half hours across overpasses, through all of Delhi. Then they dropped us below an overpass. Then they tried to run over us.
We had no clothes. We waited there hoping someone would help us. I tried to flag down vehicles. Three-wheeler taxies would slow down, take a look at us, and move on. We got no help for nearly 20 or 25 minutes.
(END VIDEO CLIP)
KAYE: Five men have been charged with murder, rape and kidnapping in this case. They are scheduled to appear in court on Monday. We'll be right back.
(COMMERCIAL BREAK)
KAYE: Bottom of the hour now. Welcome back, everyone. I'm Randi Kaye.
BLACKWELL: I'm Victor Blackwell. Thank you for starting your morning with us.
I'm feeling a little under --
(CROSSTALK)
KAYE: Sniffling a little bit.
BLACKWELL: -- yes the woof is coming down on me, that's what I call a cold. It's coming.
All right here are five stories were watching this morning. Sources tells CNN that President Obama is likely to nominate Republican Chuck Hagel as defense secretary next week. Hagel is a former senator from Nebraska who retired in 2009.
The president has called Hagel a patriot, who is doing an outstanding job as a member of the White House Intelligence Advisory Board. But critics have noted that Hagel has opposed sanctions against Iran and the surge of troops in Iraq under the Bush administration.
Lance Armstrong is back in the news. "The New York Times" reports that he's contemplating publicly admitting that he doped. Now sources tell the paper he is considering an admission because he wants to persuade anti-doping officials to allow him to get back into professional cycling. "The Times" sources unnamed associates and some doping officials in its report.
But Armstrong's attorney tells CNN that his client is not in talks with the U.S. or world doping agencies. And throughout the years Armstrong has repeatedly denied that he used bad performance enhancing drugs.
KAYE: In Minneapolis an American Eagle pilot was arrested for attempting to fly under the influence. No passengers were on board at the time. The plane was scheduled to fly from Minneapolis to New York. The pilot failed a breathalyzer test. The alcohol limit for flying is .04 percent, half the legal limit for most drivers. He is now off the job during this investigation.
Stocks started in 2013 with a bang after finishing strong in 2012. The DOW ended the week on a positive side up 3.8 percent, while the NASDAQ added 4.8 points and the S&P 500 finished the week at its highest closing level since December of 2007 climbing 4.6 percent.
BLACKWELL: North Carolina is fighting to have the words "choose life" on some of its license plates. The state is appealing a court ruling that said the plates violated the First Amendment because there is no alternative for the people who support abortion rights. Reports say that money from selling the plates would support some crisis pregnancy centers and the "choose life" campaign argues that 29 other states already have similar plates.
KAYE: More now on the disturbing story of two high school football players accused of raping a 16-year-old girl at a party in Steubenville, Ohio. What makes this case stand out is the explosion of chatter on social media, photos, even an online video showing some teens joking and laughing about the incident. Watch this.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: What if that was your daughter?
UNIDENTIFIED MALE: But it isn't.
UNIDENTIFIED MALE: What if it was?
UNIDENTIFIED MALE: If that was my daughter, I wouldn't care. I'd just let her be dead.
UNIDENTIFIED MALE: Listen to yourself.
UNIDENTIFIED MALE: I'm listening to myself fine.
UNIDENTIFIED MALE: In about ten years, I'm going to come back to this video --
UNIDENTIFIED MALE: Ten years. My daughter's going to be raped and dead.
(END VIDEO CLIP)
KAYE: Let's bring in CNN legal contributor Paul Callan. Paul it's so disturbing, especially that video on top of it. But the attorney general investigating this case says that this video is unfortunate and insensitive but it's not a crime to be, quote, "stupid".
However, two high school teens are charged with rape and they're scheduled for trial next month as you know. There is apparently, though, a lack of physical evidence. And the case really seems to hinge largely on the witness statements, media images, social media images, cell phone grabs and videos like the one that you just saw.
So how damaging could video like this and other social media be to the defense?
PAUL CALLAN, CNN LEGAL CONTRIBUTOR: It could be extremely damaging to the defense. And you know this -- the whole landscape has been changed by the cell phones and the availability of video in cell phones. A crime like this in the past -- and this is -- we only know that there are allegations that the girl was drunk, maybe unconscious when people -- these two boys or maybe others were involved in sexual activity with her.
Normally, she -- they may never have known about this. She may never have known who engaged in the sexual activity. But now we have video of it because we have the availability of this technology. So the answer is, yes, this crime can be proven through that technology in a way that never could have happened before. People got away with this in the past. They're not going to get away with it in the future.
KAYE: Yes. CNN spoke exclusively, Paul, with one of the defense attorneys, who says that his client, Trenton Mays received a text message from the alleged victim saying "I know you didn't rape me". And on CNN I want to point we haven't seen the text. Nor do we know what else she might have texted in that message but could that affect the case and how so?
CALLAN: Well it could affect the case because this is a case that's going to be proven or disproven with social media. If she sends him a text message saying "I know you did not rape me", a jury will be looking at that at some point in time and saying you know does that help disprove the prosecution's case? And it would sound like strong evidence. But we'd have to see the tape and the text. And you know something, Randi? A lot more is coming out the more we hear about this story.
How many phones were there? How many high school -- drunken high school kids were close by and in a position to observe? This -- we're going to find out a lot more about this story as the weeks go on.
KAYE: And I do want to mention this Internet hacker group called "Anonymous". They are the ones who posted the picture showing a girl whose face is blurred being carried by her hands and feet by the two males. Now the defense attorney for one of the accused, Malik Richmond (ph) confirms to CNN that his client is in the photo but said the image is taken out of context. Certainly we can't tell from the photo whether the girl is conscious or not. Her lawyer told CNN that she was somewhat conscious.
But what could the defense attorney mean by, quote, "taken out of context?" I mean does this photo help or hurt that defense team?
CALLAN: Well the defense attorney is obviously saying just because two boys are moving an apparently drunken girl doesn't mean anybody engaged in sexual activity with the girl. So his context, of course is going to be very different from the context that prosecutors talk about.
But I think, you know, the thing, Randi, that interests me in this context argument is that these kids watching sexual activity like this and maybe a rape go on normally would not be guilty of any crime. People are shocked to know a group of boys can stand around and watch a crime. It is not a crime to do that.
However, if they recorded the crime on their cell phones and they deleted what they recorded, they could be guilty of obstruction of justice and they could be drawn into this conspiracy and this crime in a way that never was possible in the past before social media and this kind of technology.
KAYE: So even if they weren't participating, you're saying?
CALLAN: Yes.
KAYE: If they were there and they recorded it?
CALLAN: Yes. Because they'll be involved in the cover-up of the crime by destroying evidence. So, technology really is going to increase the liability of these kids. And you know, watching drunken high school football players talk about an incident like this is very, very disturbing. Usually, we don't get to see it, fortunately. But you know with this new media, we do.
KAYE: Yes.
CALLAN: And it's going to wind up in courtrooms and people are going to be prosecuted.
KAYE: And that certainly was disturbing, that whole story. Paul Callan, nice to see you though, thank you very much.
CALLAN: Always nice being with you, Randi.
KAYE: One lawmaker is busy with a number of new bills aimed at limiting abortions and contraception. We'll talk with him next to see what's driving his focus.
And why the fallout from Superstorm Sandy may extend into numerous court cases.
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KAYE: Welcome back.
A state lawmaker in Virginia is proposing a bill next week to outlaw gender-selective abortions. The bill says any doctor who knowingly performs such an abortion could face a felony and a maximum ten years in prison.
You may not believe it's even an issue, but it does occasionally happen. Even abortion rights activists say they don't support gender- selective abortions. They argue the bill has other intentions.
The lawmaker introducing the bill is Republican Bob Marshall, who is already introducing four bills that would limit abortion rights and insurance coverage for reproductive services.
(BEGIN VIDEO CLIP)
TARINA KEENE, NATION OF ABORTION RIGHTS LEAGUE: It really puts doctors in a very precarious situation. They have to be mind readers. They're essentially becoming agents of the state. And it really violates the doctor/patient relationship. This bill is chipping away at a woman's right to choose. It's intimidating doctors.
(END VIDEO CLIP)
KAYE: Joining me now by phone is Virginia State Delegate Bob Marshall. Good morning to you. So some critics are concerned -- who will make the call on what is a gender-selective abortion. What do you say to that?
BOB MARSHALL, VIRGINIA STATE DELEGATE (via telephone): Well Randi all criminal laws require proof that is you know -- that has to meet the standards of courts a And nothing has changed there. There is clearly information from the United States census since 2000 that gender- selection abortions are taking place in the United States. There are medical journal articles to this effect. So the fact is it is here. The second question is a policy question. Do we think life is so cheap in the United States that you can kill somebody before birth, have an abortion really on grounds of sex? I mean look, this is the feminist you know they think coming home to roost where it's mostly girl babies who are being killed.
KAYE: But -- but some say, though, that your newest bill could actually encourage doctors, as we heard there, to profile Asian- American patients who are seeking an abortion because that is common in that culture. I mean, is that a concern for you at all? Do you think about who this might affect?
MARSHALL: No you -- look, first of all, the local prosecutor is going to have to get information. He can't compel people to testify against himself. But if enough information piles up, then there's a case that could be presented to a grand jury. Again, none of the rules of evidence change here. And what's going on is a deflection from the utter contempt for life that we have now descended into when you can kill a girl baby because she's a girl.
I mean I -- this does not register with my thinking.
KAYE: I understand what you're saying. But in your bill it is the doctor, not the woman, who would be charged with a class four felony, carrying a maximum of ten years in jail. Does this intimidate doctors who fear that they could be accused of performing this type of abortion?
MARSHALL: You would have to ask the doctors. Class 4 felony has been the penalty for abortion since about 1859 through even after Roe versus Wade; so that -- that is nothing new.
(CROSSTALK)
KAYE: So you don't think you're intimidating doctors at all through your bill?
MARSHALL: I am trying to uphold a standard to respect life for young girl babies, period. If doctors want to violate this or tiptoe to the cliff and do it, that's their prerogative. But I think that's a very foolish thing to do.
KAYE: As I mentioned do you have several bills, four bills in fact. Another one of your bills would outlaw insurance companies from covering sterilization procedures.
MARSHALL: No. No, no. Not really. What it says is if there is a company -- look, let me back up here a second. My legislation is in response to a mandate that was devised by a private committee, meeting in secret, not subject to federal freedom of information laws or federal conflict of interest laws. The National Academy of Science Institute of Medicine proposed a rule for Kathleen Sebelius the Secretary of Health. She then took their recommendations and then proposed that as a rule for the operation of so-called preventive services under the Obamacare plan. Congress never directly voted on this. And in fact, from 1965 to 2010, 21 -- at least 21 bills that I know of were introduced to require insurance companies, when you go across state lines, to provide for abortion pills or birth control, whatever, none of them ever passed even when the Democrats were in charge.
This was a fill in the blank position of Obamacare. Now the blank has been filled in by Kathleen Sebelius. If an insurance company in Virginia wants to offer these week-after abortion pills, they can still do it. I'm saying for people for whom that's a problem -- well for churches -- just offer the identical policy without that provision. That's all.
KAYE: Got it. Virginia state delegate, Bob Marshall, thank you very much.
MARSHALL: Sure, Randi.
BLACKWELL: Days after the last House of Representatives ignited a huge political firestorm, adjourning without voting on a $60 billion aid package for thousands of Superstorm Sandy victims b Both chambers of the new Congress have approved a smaller, $9.7 billion measure. The remaining $51 billion will be considered later this month.
Now there's another problem involving Sandy. Floodwaters damaged some critical police evidence and now it's impacting some trials. CNN's Mary Snow has the story for us.
(BEGIN VIDEOTAPE)
MARY SNOW, CNN CORRESPONDENT (voice-over): This flood-damaged warehouse right on New York Harbor, can actually clog the city's overflowing criminal system for years to come. It sits in an area of Brooklyn devastated by Superstorm Sandy. Inside it, there are thousands of pieces of police evidence, ranging from DNA to narcotics to guns that right now can't be touched.
RAYMOND KELLY, NEW YORK POLICE COMMISSIONER: Significant flooding has taken place. No question about it. We're still trying to sort through this and, you know, assess the total damage. It's a big job.
SNOW: That was back in November. The police department says it still hasn't been able to get into this facility and a second one because sewage contamination has made them unsafe. Trials can't wait.
CNN's legal contributor Paul Callan is a former prosecutor.
PAUL CALLAN, CNN LEGAL CONTRIBUTOR: It could be a major problem if evidence that has been damaged is critical to proving a case.
SNOW (on camera): The NYPD says so far there have been six criminal cases where police have said there is evidence but it's not accessible.
(voice-over): Those cases have not been dismissed. In cases involving DNA and narcotics, prosecutors rely on results from tests that are done on smaller samples of the evidence. Police say those results are kept at a different facility that was not compromised by the storm.
(on camera): What about cases where there is, let's say, blood evidence, where the physical evidence is in that warehouse, but the test results are at a different location?
CALLAN: You would have the issue of is there enough for the defense to fairly test the sample to determine whether it's the defendant's blood or not? So I -- it wouldn't necessarily be fatal to a case, but you know, in criminal cases beyond a reasonable doubt is a very, very high standard of proof. And if you eliminate the physical evidence, you can put a serious dent in the prosecutor's case.
SNOW (voice-over): The NYPD has consulted with its counterparts in New Orleans where evidence and records were destroyed following Hurricane Katrina. The New Orleans police department says one key difference is that floodwaters remained at the New Orleans courthouse for weeks, where evidence was destroyed. And they had the job of cataloguing evidence that could be salvaged.
DEPUTY CHIEF KIRK BOUYELAS, NEW ORLEANS POLICE: It took years. It is not something that can be easily done. And in New York you're looking at facilities that are much more vast than what we had here in New Orleans. So that compounds it even more.
(END VIDEOTAPE)
BLACKWELL: Already there are several trials going on in which physical evidence is not available, as Mary reported. New York's police department says it expects to get into evidence warehouses in the coming weeks to assess the extent of the damage.
The chief attorney for New York City's Legal Aid Society is bracing for serious repercussions. He says there are more than 200,000 criminal cases in New York City every year.
KAYE: Still ahead, some of the best places to eat in the Mile-High City.
Plus Starbucks says it wants to cut down on its carbon footprint. We'll tell you about what's now being offered to customers.
(COMMERCIAL BREAK)
BLACKWELL: Two well-known executives are heading to North Korea. Google chairman Eric Schmidt is going to visit the country.
KAYE: Yes. And he's going with former Governor Bill Richardson.
BLACKWELL: Yes.
KAYE: So it's kind of interesting and (inaudible) Google, I mean a guy from Google is going because it's so strict about the Internet there.
BLACKWELL: Yes. And the U.S. has sanctions against them. Bill Richardson has been there before. There are concerns from the state department, though, and they're sharing those. Let's listen. We have sound from the State Department? No, ok.
KAYE: I guess not. I'm too busy trying to get my stool in order up here. But I guess we don't have sound from the State Department.
BLACKWELL: There we go.
KAYE: Adjust me.
BLACKWELL: Yes.
KAYE: We are -- you know, they're a little wobbly. But I guess they're not so happy about it because, you know, it's dangerous and it's just a bad time to be there. We had had the rocket launch recently so they don't want them there.
But another story that we've been talking about this morning is this whole case of Starbucks. They're not -- I know you're not into this.
BLACKWELL: I'm not at all.
KAYE: It's actually good for the environment. The coffee chain is going to be selling these $1 reusable mugs. So I guess you bring it in, you get a ten-cent discount. They wash it for you.
BLACKWELL: Yes, you just have to keep this one -- I guess people who drink coffee keep this cup in their car or keep it at their job or something. I'm just not into this reusable cup thing. Keep taking it in. I don't know.
KAYE: If you look at the numbers, though, four billion cups worth of waste generated every year.
BLACKWELL: That is true. That is true.
KAYE: You can bring it home. You wash it. You know, you can wash it yourself at home, I guess.
BLACKWELL: That's true. I mean we'll see. They've tried this before, though.
KAYE: Yes.
BLACKWELL: They've tried this reusable cup before and I don't see many reusable cups. Maybe with the incentive now of, you know, getting ten cents off per $4 cup of gingerbread latte, it will be a deal.
KAYE: At least there's an effort.
BLACKWELL: Yes.
KAYE: I'll give them an A for effort.
BLACKWELL: You've got to try.
KAYE: All right. You've got to try it once.
Well, if you couldn't stay up during the week we'll show you some of the best from the late night talk shows.
And the FDA is setting new rules to keep you and the food you eat much safer.
BLACKWELL: But first, when traveling to other cities and countries, the best way to get a real taste of the place is through the local food.
CNN iReport has teamed up with "Travel and Leisure Magazine" to create a global list of the 100 places to eat like a local.
Here is CNN's Jim Spellman in Denver with a sample.
(BEGIN VIDEO CLIP)
JIM SPELLMAN, CNN CORRESPONDENT (voice-over): It's a damp, chilly morning in Denver, Colorado. We're going to try to warm up at the Denver Biscuit Company.
Just a few years ago, this was really just a bar. People came here to drink at night time. And now there's high chairs, kids in here.
DREW SHADER, DENVER BISCUIT COMPANY: Yes. It was a big question of whether people would come into a drinking place to eat breakfast. And I think that's a testament to our food.
SPELLMAN: Should we head into the kitchen?
SHADER: Sure. Absolutely.
SPELLMAN: That is a serious rolling pin.
UNIDENTIFIED MALE: Stainless steel.
SPELLMAN: Can I check that out?
UNIDENTIFIED MALE: Yes, absolutely.
SPELLMAN: All right.
UNIDENTIFIED MALE: You'll get better through the day.
SPELLMAN: We must pause for the obligatory Twitter photo.
SHADER: Yes, for sure.
SPELLMAN: All right. I'm going to start with the Franklin, you start with one of those and we'll switch.
SHADER: All right. Definitely.
SPELLMAN: Oh, my God, this is so good. It's ridiculous. The biscuits at the Denver Biscuit Company are seriously amazing. So good we have to take a box of them with us. Thanks so much, Drew.
Thank you. (END VIDEO CLIP)
BLACKWELL: Yes. That's what I'm going to do after the show. Have a biscuit.
KAYE: Oh, yes.
BLACKWELL: It looks so good.
IReporters, here is your chance to help us create a map of the food lovers world. Let's go to iReport.com/100 places. Here it is. Send us a photo of your favorite restaurant and dish and tell us why it's special and how you discovered the place. The definitive list of 100 places to eat like a local will be revealed in March and some iReporters will be on that list. So be sure to stay tuned to see if you're one of them.
(COMMERCIAL BREAK)
KAYE: This is sort of our favorite time in the show.
BLACKWELL: Yes.
KAYE: We get to check out some late night laughs.
BLACKWELL: With all the fiscal cliff talks and the new Congress, that's what they were talking about. Late night comedians talked about the partisanship in Washington.
(BEGIN VIDEO CLIP)
LENO: And members of Congress are set to get a pay raise this year.
(BOOS)
LENO: Unbelievable. Isn't that like tipping the plumber for fixing the toilet he blocked up in the first place?
(LAUGHTER)
DAVID LETTERMAN, CBS TALK SHOW HOST: Well, John Boehner, speaker of the House, Republican, told Harry Reid go (EXPLETIVE DELETED). That is a direct quote.
(APPLAUSE)
LETTERMAN: And by the way, that's why we can't do the show in Louisiana.
(LAUGHTER)
LETTERMAN: I don't know. And then Harry Reid said I'm sorry. What'd you say? And John Boehner said, you heard me. Go (EXPLETIVE DELETED).
I'm telling you, ladies and gentlemen, if I had a nickel for every time somebody said that to me, I could pay off the national debt. I could.
JIMMY FALLON, ABC TALK SHOW HOST: Members of the 113th Congress were sworn in at the Capitol, after which they were like, well, that's enough work for the year. That was hard.
(END VIDEO CLIP)
