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CNN NEWSROOM

Storms Bring Cool Front To U.S.; Search For Unresponsive Plane's Wreckage; Obama Delays Action On Immigration; Feds Investigate Ferguson Police; Dad Indicted In Son's Hot-Car Death

Aired September 6, 2014 - 12:00   ET

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


(COMMERCIAL BREAK)

FREDRICKA WHITFIELD, CNN ANCHOR: Hello again, everyone. I'm Fredricka Whitfield. Here are the top stories we're following in the CNN NEWSROOM. A powerful storm rips through the Midwest putting neighborhoods under water and levelling power lines. Hear where this dangerous storm system is headed next.

And the White House reveals when President Obama plans to take action on immigration and the timing is infuriating immigration rights activists. We'll tell you why.

Plus, a Texas mom is mistakenly pulled over by police at gunpoint and then handcuffed in front of her frightened children.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Hold on, hold on.

UNIDENTIFIED FEMALE: They're 6 and 8 and 10, 9, what are we doing?

(END VIDEO CLIP)

WHITFIELD: Now, that terrified mom is outraged and demanding retribution.

We start with nasty weather across the country, in fact, the world today. In Dearborn, Michigan, tents full of people went flying when a massive storm blew in. One energy company is reporting $365,000 customers in Southeast Michigan are without power and those outages are expected to last several days.

In Chicago, nearly 175,000 people got their power knocked out from a storm last night. Strong winds even knocked out a revolving door for one building in the suburbs.

And on the other side of the globe, in India, nearly 100 people have died in devastating floods. Monsoon rains have soaked nearly 2,000 villages in two regions. Then in China, 18 people are still missing after a week of floods there, 44 people have died.

A small beach community on the big island of Hawaii could be cut off by lava within days. Lava flowing from a vent in the Kilauea volcano is within a mile of a subdivision. So far no evacuations have been ordered, but the mayor did declare a state of emergency.

Jennifer Gray is now with us in the severe weather center. What an incredible mixed bag and then you got stuff in the northeast, too?

JENNIFER GRAY, AMS METEOROLOGIST: A lot going on around the world and the focus today across the country is going to be the storms pushing into the northeast. Those nasty storms pushed through the Midwest. Same storm system that's going to push into the northeast later today.

Right now, not much going on. Boston all the way down to D.C. You are completely dry. We have some very warm, moist air that's going to fuel a lot of these showers and storms in the afternoon and then the front moving through this later this evening.

So we do have a slight risk of severe weather anywhere from New York City including Boston, Portland. Main threats will be hail and especially those gusty winds, so be aware of that. We have the U.S. Open going on today so we could see some of those matches rained out.

But as we go through the late afternoon and evening hours, those storms should be pushing into the New York, D.C., Boston area, pushing offshore. Good news is cooler air is filtering in behind it, so we will see the humidity come down. High pressure will move in. It's going to feel a lot better by the early part of the week.

WHITFIELD: OK, very good because this has been a brutal summer. All right, thanks so much, Jennifer.

All right, moving on now to the intense search for a couple on board a plane that crashed in the ocean near Jamaica. The plane flew for hours unresponsive yesterday before crashing. Relatives say Larry and Jane Glazer were on board. No word on what happened to them.

But their children said last night they were devastated by the sudden loss of their parents who live in New York. Jamaican and U.S. crews were out at 5:00 a.m. Local time today trying to find the wreckage. Last night, they found an oil slick in the area.

How it started, well, the flight left Rochester, New York yesterday morning and was headed for Naples, Florida, where the couple has a home, but somewhere over North Carolina, air traffic controllers lost contact with the pilot after he mentioned that there was a problem.

The plane flew for hours going over Cuba before it later crashed near Jamaica. Fighter jets in fact flew alongside it at one point and then they actually saw the pilot slumped over. Listen.

(BEGIN VIDEO CLIP)

UNIDENTIFIED PILOT: I can see his chest rising and falling. Right before I left was the first time we could see that he was actually breathing.

(END VIDEO CLIP)

WHITFIELD: The fighter pilots also say the windows were frosted, which could have indicated a loss of cabin pressure.

And now to an unnerving journey for 100 Americans on a charter flight from Afghanistan to the United Arab Emirates. The plane was carrying U.S. military contractors from Baghram Airfield to Dubai when it was forced to stop in Iran.

Iranian officials ordered the pilot to land or be intercepted, claiming its flight plan was not current. U.S. officials say the problem began when the jet left Afghanistan three hours late.

And that put it in Iranian air space at a time that was not expected. So, the plane landed in Southern Iran, being forced to land there and then after an inspection, it was cleared for takeoff back to Dubai.

Back here at home, a major decision on immigration. CNN has confirmed President Obama will delay executive action on immigration until after the midterm elections.

Erin McPike is at the White House. So Erin, what's behind the president's decision? Some had hoped that he would actually act, use executive order, privileges by the end of the summer.

ERIN MCPIKE, CNN CORRESPONDENT: Well, that's right and President Obama did say on June 30th that he would begin some sort of executive action without delay. Of course now, they're announcing he's delaying it.

The political calculus as we understand from Democratic sources is that they believe doing this before the Midterm elections would ignite it as a political issue. Keep it in the headlines and then motivate the right wing, but already, the Democratic Party is in danger of losing the Senate.

So they just decided not to do any harm to Democratic candidates going into the midterm elections. Of course though, President Obama has still said and officials confirmed, he will still do something by the end of the year, just after the Midterms.

WHITFIELD: All right, and the president fresh from that NATO summit, he came away with you know, significant support from nine nations on ISIS. What was the take away from the meetings? Does there feel like there's a concerted, in-sync mission?

MCPIKE: Well, they're beginning to outline the goals and right now as we understand it from White House and national security officials, what they want to begin to do is train and support and equip Iraqi forces on the ground to take the fight directly to ISIS there.

There has been no decision yet on air strikes that the U.S. could undertake in later days after Congress comes back and getting authority there. They also want to cut off in any way they can, the formidable considerable funding that ISIS has, but of course, President Obama has said this will take a long time.

(BEGIN VIDEOTAPE) MCPIKE (voice-over): Returning from talks in Europe over how to deal with the ISIS threat, President Obama now faces a returning Congress and lawmakers demanding a strategy.

BARACK OBAMA, PRESIDENT OF THE UNITED STATES OF AMERICA: There was unanimity over the last two days that ISIL poses a significant threat to NATO members.

MCPIKE: The strategy alluding the president for weeks becoming clearer.

PRESIDENT OBAMA: What we can accomplish is to dismantle this network, this force that has claimed to control this much territory. So that they can't do us harm and that's going to be our objective.

MCPIKE: But achieving that goal in Syria with a government the U.S. doesn't support remains a challenge. Lawmakers on both sides of the aisle including Republican Frank Wolf in the House and Democratic Bill Nelson in the Senate, already are preparing legislation ahead of any presidential requests to authorize U.S. airstrikes inside Syria.

So far, Mr. Obama pledged no U.S. ground troops will enter Syria, stressing that the U.S. and an international coalition will pop up partners on the ground there like the relatively moderate Free Syrian Army to take the fight directly to ISIS.

OBAMA: They have been to some degree outdone and outmanned and that's why it's important for us to work with our friends and allies to support them more effectively.

(END VIDEOTAPE)

MCPIKE: Now, President Obama also compared the fight against ISIS to the fight against al Qaeda in recent years. Of course, al Qaeda has come back stronger in recent years, so not really sure if this policy will work -- Fred.

WHITFIELD: All right. Thanks so much. Coming up next, we'll check the political thermometer on the president's immigration decision.

Plus, is America on a war footing now that NATO has agreed to destroy and dismantle ISIS?

(COMMERCIAL BREAK)

WHITFIELD: All right, the announcement today, President Barack Obama has decided the delay any executive action on immigration until after the November midterm elections. Immigration activists are already criticizing the president's decision, but it could help some Senate Democrats who are battling to keep their seats in close races.

CNN political commentators, Maria Cardona and Ben Ferguson are both here. Good to see you guys in this lovely Saturday. Maria, to you first. How does this decision hit you?

MARIA CARDONA, CNN POLITICAL COMMENTATOR: As a Latina activist who's been working for immigration reform for many, many years, I am disappointed because I would have hoped the president would have acted two months ago, but let's not forget why the president was in this position with the necessity to act in the first place.

That's because Republicans have completely turned their back not just on the Latino community, but on the American economy for completely advocating their responsibility to do something to solve this American bipartisan problem.

So the fact the president has now delayed it, I actually think we need to think about the fact that he wants to do it right. He wants to do it big and he wants to have this space to explain to the American people what he's doing and how that is going to affect our economy positively. So having it done after the elections helps him do that.

WHITFIELD: So, is this an issue of the delay, this is no longer in your view. This isn't the issue of whether it's needed or not, but the issue of discerning why the delay.

BEN FERGUSON, CNN POLITICAL COMMENTATOR: It's an issue of hypocrisy. This president has had the ability to pass immigration reform multiple times. When he first ran for president, he said he was going act on immigration reform. He had the House. He had the Senate and he had the White House.

They could have passed anything they wanted to pass immigration reform and they chose not to. So, for Maria to believe somehow that this president is really going to act, I would say what has he done for you over the last seven years? This is flat out politics. It is hypocrisy. He's not going to act on this.

WHITFIELD: So, you're seeing this delay, you see delay translation is he's never going to do it. As opposed to delay translation is wait until after midterm elections as the White House is saying because this might benefit certain seats.

FERGUSON: Well, look at his actions. He came out and said that we could not wait any longer. He also said that in 2007, when he was then Senator Barack Obama. It's 2014. He's not even going to look at this probably until 2015. Maybe and he's had this ability and the votes to do this before and they choose not to do it.

Again, this is a hypocrisy issue where they want to run on it. But they actually don't want to fix it. If they didn't want to fix it, they should have fixed and they could have fixed it, but they chose not to because it's a political game to them.

CARDONA: I can't wait to be on with Ben the day after the president announces executive action before the end of the year.

FERGUSON: Why doesn't he do it now then?

CARDONA: Because the White House said. He wants to do it right and he wants to do it with the time and the space to be able to explain to the American people why it's necessary. I understand --

FERGUSON: He's had seven years to explain it.

CARDONA: I understand that ben needs to attack the president because Republicans have absolutely zero excuse on why they haven't acted on immigration.

FERGUSON: You have zero excuse.

CARDONA: Does not have the legislative power to do this, Ben.

FERGUSON: But he did in the past. He did in the past.

CARDONA: Republicans have said no. They're not going to do it, so now the president is going to act before the end of the year and by the way, Americans understand that.

WHITFIELD: You're hard to understand. If doing it right means waiting until after midterm elections and it still means electing to use executive action, I'm wondering if you could help us understand, why does that amount of time make a difference when the president has made it clear that the president has an idea about what he wants the executive order to look like? Why would it have to wait until after the midterm elections if not just a political move?

CARDONA: Well, I do think that politics does play into it. But for this reason, Democrats are fighting to keep the Senate. We're not in a position we were five months ago where Republicans swore up and down that they were going to take the Senate.

Right now, it's about 50-50. Democrats are holding their own. They want to continue to hold their own, keep the Senate because Fred, by keeping the Senate, there is a much better chance that immigration reform is actually done legislatively, which by the way, the president has said since day one, that is his preference. If he does an executive action, that's not a long-term solution.

FERGUSON: If he wants to have a long-term solution, he would have passed it at the beginning of his administration. This is a political issue they've used during re-election campaigns and they've used it very well politically.

But this idea that the system's broken and he's going to be the guy to fix it and Democrats are going to fix it, if they believed in it, then don't play politics with immigrants. Actually do what you say you're going to do and they've lied to their voters for seven years now.

WHITFIELD: Hold it right there. We're not done with the conversation. I want to hear more about your comments and response on that. We're going to take a short break and continue this right after this.

(COMMERCIAL BREAK)

WHITFIELD: Back to our political discussion. The White House saying the president will delay executive action until after midterm elections come November. CNN political commentators, Maria Cardona and Ben Ferguson, back with me now.

So Maria, do you think this delay is to better incorporate Congress, however, the words are still executive action to be used after midterm elections that says no involvement with Congress, doesn't it?

CARDONA: No, this is something that the president has talked to many lawmakers about and he is talked to them about it for a long time. Again, let's look at the possibility of there being a legislative solution.

You know, Ben loves to talk about how the president didn't do it when he had the majority in Congress. First of all, he never had a super majority. The second thing is you know, he was a little distracted by a spiralling economy thanks to Republican policies, but we'll put that aside. And so --

FERGUSON: Immigration reform --

CARDONA: The other thing I would say is Ben, why should this just be the responsibility of Democrats? Why should Democrats have to pass this by themselves?

FERGUSON: Maria, I'll answer that question.

CARDONA: That for Republicans, this is not a problem. This should be a bipartisan solution.

WHITFIELD: Well, answer the question, Ben. Couple of members in here, House Speaker John Boehner saying this, quote, "There's never a right time for the president to declare amnesty by executive action. Here it is.

"There is never a right time for the president to declare amnesty for a decision to simply delay this controversial new lateral action until after the election instead of abandoning. It's raw politics.

While Republicans are scared of the Tea Party members before the election that's from Bill Nelson. OK, now --

FERGUSON: The Democrats are in charge of what they choose to do, OK. They can blame Republicans, but at the end of the day, Barack Obama said I'm going to take executive action and the reason why he is not is because he knows that it is so unpopular that his own party is saying do not do this while I'm running for re-election.

Do not do this and put me in that situation where I could lose my seat because of what you're about to do in executive action. The United States of America, the majority of the people are going to find unpopular. If it was popular, he would have signed it and Democrats would be running on it.

But most Americans understand if you don't put out amnesty through an executive order and run around Congress that is a problem. The second issue is this, you also don't do that and not fix the problem with the security at the border. So that's why he's abandoning it. It's a lack of leadership. If he believed in it, he would have done it. CARDONA: First, yes. He's not abandoning it. Let me finish.

FERGUSON: Seven years.

CARDONA: Let me now speak. So, first of all, he's not abandoning it. It's a six-week delay.

FERGUSON: Or seven years and six weeks.

CARDONA: And then the second thing I would say is again, this needs to be a real solution here needs to be a bipartisan solution and we already know that Republicans have no interest in a bipartisan solution.

FERGUSON: It's amazing that Democrats have control of the White House and the Senate and you act like you're not in leadership. You are. You have the strongest parts of the --

CARDONA: Yes, but the --

WHITFIELD: We're going to end it right there.

CARDONA: He's going to do what he can.

WHITFIELD: End it there as it pertains to this because we know the dialogue is just getting started. Ben Ferguson, Maria Cardona, thank you so much to both of you. Appreciate it.

A new investigation meantime in Ferguson, Missouri. The U.S. Justice Department has opened another case. Our legal guys tackle that next.

(COMMERCIAL BREAK)

WHITFIELD: The federal government has two investigations underway in Ferguson, Missouri. It follows last month's shooting of Michael Brown by a police officer. This week, Attorney General Eric Holder launched an investigation into the Ferguson Police Department. It will look into everything from the use of deadly force to every day police stops.

(BEGIN VIDEO CLIP)

ERIC HOLDER, U.S. ATTORNEY GENERAL: Now, I want to be clear. This is not a stopgap or short-term solution. It's a long-term strategy founded on community policing that will provide a really detailed road map to build trust, to bolster public safety, to ensure accountability and to change the way law enforcement leaders make decisions, implement policies and forge community partnerships.

(END VIDEO CLIP)

WHITFIELD: Ferguson Police Chief Tom Jackson responded by saying there's nothing wrong with his department.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Do you think there's a problem with the department when it comes to civil rights?

CHIEF THOMAS JACKSON, FERGUSON, MISSOURI POLICE: I don't. I think that we've worked really hard to make sure we treat everybody fairly. I think there's a, there's a segment of the community that is a little distrustful right now in light of some of the events in recent weeks.

(END VIDEO CLIP)

WHITFIELD: Let's bring in our legal guys, Avery Friedman, a civil rights attorney and law professor in Cleveland, good to see you. And Richard Herman, a New York criminal defense attorney and law professor joining us from Las Vegas. Good to see you as well.

RICHARD HERMAN, CRIMINAL DEFENSE ATTORNEY: Hi, Fred.

WHITFIELD: OK, so Avery, you first, how different are these DOJ investigations?

AVERY FRIEDMAN, CIVIL RIGHTS ATTORNEY: These are very unusual investigations, Fredricka. They are undertaken by the special investigations section of the civil rights division of the U.S. Department of Justice based in Washington.

This attorney general, Eric Holder, has undertaken about 20 of them, double the previous administration, and it involves not only excessive force but race. It is a comprehensive investigation and even though Chief Jackson said we think we're fine, he's actually cooperating.

Now, Americans know about these kind of investigation. Because you recall, the Justice Department did something similar to Joe Arpaio in Maricopa County. There were problems and ultimately, a federal court order monitoring the entire sheriff's department.

That may or may not happen in Ferguson, but we are, this is a civil matter, not a criminal matter and it's going to take a number months to complete the investigation.

WHITFIELD: So, civil, not criminal,, then Richard, if the DOJ finds Michael Brown was a victim of police force with a history, you know, brutality or excessive force, would Ferguson PD be prosecuted or is that you know, or fined? What ultimately happened potentially?

HERMAN: OK, Fred, you have to break this thing down. His new investigation is as they're claiming systemic police targeting of blacks. Avery said it's civil. When law enforcement welcomes this investigation, you know, don't expect anything really to come out of this.

You have a population of about 20,000, of that population, it's predominantly all black. You have a police force of 53 with 49 white police officers who are you know, trying to enforce crimes in the community.

Who's getting arrested, poverty, who is committing the crimes. That's what's going on. It's a tough situation there to be in, but in addition to this new investigation, Fred, you have the federal criminal civil rights investigation against Police Officer Darren Wilson.

In addition to that, you have a state grand jury investigating and probably going to bring charges against the police officer at a minimum and then you have a flurry of civil lawsuits against police officers for excessive force.

All these investigations they put the civil cases on hold because people have Fifth Amendment rights and they're not going to testify.

FRIEDMAN: It's not going hold up Justice Department.

HERMAN: Again, this is a civil, this is looking at, but this is looking at procedures and they're going to try to implement new procedures against excessive force. This could apply throughout the United States. Every police department. Implement procedures to avoid excessive force.

WHITFIELD: It sounds like you're saying Richard, these competing investigations does mean that there are no, there are not likely any quick rulings around the corner. This is something that could be drawn out for a very long time. So, then I wonder --

HERMAN: Months and months.

WHITFIELD: And I wonder then, Avery, since Eric Holder has already visited with Michael Brown's family, you know, as the nation's top cop, top prosecutor --

HERMAN: Which is unheard of.

WHITFIELD: Does that impact, influence these investigations because he is the highest public figure in law enforcement and while the family has been hurting and you know, he gave him sort of a public hug, does that also mean it shows some bias from the Department of Justice?

HERMAN: Good point.

FRIEDMAN: You know, I don't think so. I considered General Holder an honorable, careful attorney general when it comes to civil rights. I don't think he's creating false expectations. Nor is it going to affect the criminal case.

The Justice Department will bring a criminal case. Remember James Byrd, the guy that was dragged in Texas? Remember that's a criminal case. This is strictly civil, pattern and practice. It takes six months to a year. No one's talked about that. So, I think the way it's being handled is absolutely proper and correct.

WHITFIELD: And Richard, last word on that. You see bias?

HERMAN: Yes, I think it was wrong of him to make that personal visit while there was a federal, criminal civil rights investigation pending. I think he should have let the District Attorney's Office handle it by the state and town. He came out there before this civil DOJ investigation. I think it was wrong. I think it sends the wrong message here. Let the system work and take place. You've got a grand jury. See if there's an indictment here first of all and I don't believe they're going to be able to prove a criminal civil rights claim.

WHITFIELD: OK. All right, Richard and Avery, stick around. There's more. I want to ask you about the case of this young mother who is now planning to sue police after she was pulled over and put in handcuffs and her 6-year-old son walked towards officers with his hands up as you see right there. My goodness, these pictures are extraordinary, but I want to ask you more about where this case goes. We'll be right back.

(COMMERCIAL BREAK)

WHITFIELD: The Georgia dad who left his son in a hot car faces three counts for murder in the young boy's death. This is Justin Ross Harris. He was indicted by grand jury this week. Harris left his son, Cooper, in a car in June in suburban Atlanta for more than seven hours. The temperature hit 92 degrees that day.

(BEGIN VIDEO CLIP)

VIC REYNOLDS, COBB COUNTY, GEORGIA DISTRICT ATTORNEY: We are pleased with the pace and the thoroughness of this investigation, which continues on today. The evidence in this case has led us to this point today. Whether or not it leads us to anyone else remains to be answered.

(END VIDEO CLIP)

WHITFIELD: Harris faces a mandatory life sentence if convicted on any of the murder charges and the district attorney could still seek the death penalty. Harris' attorney believes the charges go too far.

(BEGIN VIDEO CLIP)

MADDOX KILGORE, ATTORNEY FOR JUSTIN ROSS HARRIS: He's lost his son. His livelihood, his freedom. He's basically lost everything. His wife has been vilified, humiliated. Embarrassing things about his private life have been aired in public in attempt to make him look like a bad guy.

(END VIDEO CLIP)

WHITFIELD: Our legal guys are back. Avery Friedman in Cleveland and Richard Herman in Las Vegas. So Richard to you first. What evidence is needed to support these murder charges especially with malice?

HERMAN: Well, Fred, I have a copy of the indictment here that I've pulled down and it's very interesting. That first charge of malice, we see several counts here for murder and felony murder is for instance, if you're robbing a bank and someone dies, then that's felony murder.

You can be charged with felony murder for that. Murder, first degree murder in most cases is where you form that intent to actually kill someone. That brings the death penalty in a case like this. And that's their top charge here.

They believe that he carefully planned and schemed to kill his child and that's what they're going to have to prove beyond a reasonable doubt. They muddied it up with other issues concerning cruelty to children. And issues of sexual exploitation of children. That is separate from the murder case. If you want to --

WHITFIELD: Is it separate or is that being one of the building blocks to use?

FRIEDMAN: Absolutely.

HERMAN: They will never go to trial with the vote. Murder and those counts will not go in the same trial here.

WHITFIELD: So, you're saying this package deal, Richard, I think I'm hearing what you're saying. This package deal, these building blocks, will help prosecutors get ultimately what they want, which is guilty on at least malice by way of using these other things that say speak to his character, right? At the time of the child's death?

FRIEDMAN: Look at. This guy, this guy was sexting at work while --

HERMAN: So what.

FRIEDMAN: While the kid was literally dying in the vehicle. This is an awful story. This was planned. He went to the web site about child free life. I mean, as I understand, a lot of people go out there, hold on. That actually, the fact is that does go to the question of intent.

Whether or not people do things like that, he did in a context of what's going on. I actually like the prosecutor's case. I actually think the wife who, the defense lawyer claimed was vilified. She called the day care center, Fredricka. Where's Cooper? Did she call her husband?

What the heck was going on here, Fred? I think further digging will show that there may have been some involvement. Remains to be scene, but I -- have a good case.

HERMAN: There's a lot of information we don't have yet on this case and Avery mentioned some things that absolutely go to intent. Muddying this indictment up with him sending pictures to underage children has nothing to do with murder and the intent.

WHITFIELD: This is the activity of what was taking place while this man's child was dying and this person was doing this. And this is his state of mind. That's not what that says?

FRIEDMAN: That's right.

HERMAN: It's not going to be admissible in this case, Fred, but the fact investigating childless life and how hot it takes to kill someone or to kill an animal in a car, that's going to commit an act and that goes to intent here. It's a horrible, horrible case.

And when they get a description, when they put an expert on to say how the child suffered in the heat, the jury's going to fall. He's going to have a big problem defending himself in this case.

WHITFIELD: OK, let's move on to another case, this one in Texas. This is shocking for a whole lot of people and now, a young mother says she is going to sue a local Texas Police Department after they handcuffed her right in front of her children.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: What is wrong?

UNIDENTIFIED MALE: Hold on.

UNIDENTIFIED FEMALE: They're 6 and 8 and 10, 9, what are we doing? What is going on?

(END VIDEO CLIP)

WHITFIELD: My gosh. So, police pulled over Kametra Barbour, and then ordered her out of the car, as you could hear there, and then her 6- year-old, face is blurred getting out of the car with the hands up walking towards police. Officers had just received a call about four men in a beige car, so they pulled over this burgundy car.

(BEGIN VIDEO CLIP)

KAMETRA BARBOUR, PLANS TO SUE POLICE: Said Lord, please don't let them -- in front of my children. That's what I asked right there.

UNIDENTIFIED MALE: To get up and say you know, that they felt that procedure had been followed, well, your procedure needs to change because it says OK, we don't have four black men here. Any black body will do.

(END VIDEO CLIP)

WHITFIELD: Police called the stop a mistake, but say the officers did the right thing. The city manager tells our affiliate that it is, it has received no complaints rather of racial injustice or creating an environment of mistrust.

So Avery and Richard back with us now. OK, so, in Texas or really almost any jurisdiction, how difficult is it for you to turn around and sue the police department even if they admit to making a mistake. Mistaken identity here.

They shouldn't have pulled her over, her vehicle didn't fit the description nor did she and the kids in the car. There weren't guys in the car. It was a mother and her children. Avery, you first. Does she have a chance at trying to sue police?

FRIEDMAN: Yes, good for them. I'd have jumped, taken a one way ticket to federal court in Dallas to represent these people. Number one, the standard is that the police know or should they have known about the fact that it was the wrong color of car, the wrong make of car. There weren't men.

This was a woman, the only similarity is her race. And the fact is that under that, there's a civil rights act passed in 1871 and I'm happy she's thinking about moving forward. I represent police. This is not good police work. It is so out of line that I think that police department is going to have a lot of trouble including the individual officers.

WHITFIELD: Richard, how do you see? What's next here?

HERMAN: Absolutely not. Avery is completely wrong here. There are no damages as a case, Fred.

FRIEDMAN: What?

HERMAN: Police said it was a case of mistaken identity. They have a report someone is shoot ago gun out of a car with four people in it at this particular exit. So, they went and stopped her briefly detained. Briefly.

WHITFIELD: What?

HERMAN: Minutes. Briefly detained her.

WHITFIELD: That videotape doesn't sound --

FRIEDMAN: I don't know how you minimize this.

WHITFIELD: Wow. I know, but when you look at the videotape, that doesn't look like a briefly stopped -- I think when people envision briefly stopped, you ask for the I.D. You look around and then you move on.

But this was handcuffing at least you hear her talking through it, then you see a little kid getting out of the car, hands up -- Richard?

FRIEDMAN: We must be looking at two different cases.

HERMAN: Shooting a gun of a window at this exit. It's a brief detention and they let her go.

WHITFIELD: My gosh.

HERMAN: That's it. No damages.

FRIEDMAN: Watch what happens here.

WHITFIELD: I'm sorry, that's breaking my heart right there.

FRIEDMAN: This is damages.

HERMAN: Zero trouble for the department. No way.

WHITFIELD: OK. We don't ever expect that you all will be in agreement, but wow, you are diametrically opposed.

FRIEDMAN: We're excited about your triathlon. What's the charity?

WHITFIELD: Children's Hospital Los Angeles. Yes.

FRIEDMAN: Right.

HERMAN: You make us proud.

WHITFIELD: Thank you so much. I just need to finish. That's all.

HERMAN: Fred, you've got to change that red swim cap. Got to get rid of that one.

FRIEDMAN: I don't know about that.

WHITFIELD: My favorite colors. Well, they're going to give me a different color because we have to be you know, in unison. They want all the little bobbing heads in the water to look like the same color, so you're not going to see hot pick out there.

HERMAN: Pasta. I know you'll do well.

WHITFIELD: Lots of pasta the night before. Thank you. Wish me well. I appreciate it. Love you guys. Richard, Avery. The legal guys are here every Saturday at this time to give us their take on the most intriguing legal cases of the day, week, month, you name it.

All right, those hackers know they can cause chaos because thousands of people will click on those pictures. Coming up, we dig into who is really to blame in the age when a click creates demand.

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WHITFIELD: All right, dozens of celebrities were exposed this week when they explicit photos were stolen around posted online. Hackers got into I-Cloud accounts of stars like Jennifer Lawrence and Kate Upton and stole nude photos.

Apple says it was a targeted attack and it's boosting security to stop future hacks. Can they really? I'm joined by CNN technology analyst, Brett Larson in New York.

So Brett, by now, everybody knows there is no privacy on images that are e-mailed, texted or tweeted. Can we agree on that? No privacy. So, what is that say --

BRETT LARSON, CNN TECHNOLOGY ANALYST: Very valid.

WHITFIELD: What does this say about you know, I guess not just those who are taking those images, but those who are sending it and there's clearly a market for it because there are people who intercept it, view it and there you go. Boom, it goes viral, big problem.

LARSON: And they're trading it. Exactly. This is what we've been learning over the past week or so. There's this entire underground community. There's literally a black market for naked photos of celebrities and you know, they post them on sites and other places where they all hang out and collaborate on what they get.

And then there are of course these hackers who are you know, pretty scummy if you're trying to go after somebody to steal their naked pictures and then you're exchanging them, trading them like baseball cards. Telling people I've got a trove of naked photos if you want to buy them. It's really quite disgusting.

WHITFIELD: It seems like it is well-known there is that market. One argument is don't put yourself in a position so that your terrible gets out there. And then I guess there's another argument of I have the right to do that. So where is the protection for me? What are the answers to any of that is this.

LARSON: Where do we draw the line in the sand on this? I equate this breaking into someone's phone by any means necessary. I don't care if you stole it out of their purse or hacked into it because of a vulnerability in some sort of Cloud-based online storage system.

The fact you got in there, took something and gave it to other people, that's the same thing as if I broke into your house, stole personal property and then stood in front of your house and said look what I just stole out of this person's house. Who wants to give me bit coins for it.

It's really quite terrible. But a warning to us is you know, if you've got pictures of yourself like this, maybe you should delete them because you're absolutely as you said in the beginning, if you're sending photos to someone, they're not the only ones who are going to get it because now.

They have it and if they get mad at you or want to bribe you, maybe the relationship went sour and I know how I'm going to get this guy back.

WHITFIELD: Remember that Breck commercial and so on and so on and so on, the hair and the boxes, I think that's what this is like. You send the picture and so on and so on and it's got a life after a life and so on and so on it goes.

LARSON: It's the modern version of the telephone game only the story you're telling is a naked photograph of yourself and that story never changes.

WHITFIELD: OK, thank you so much, Brett Larson. We're going to see you again later. Thanks so much.

Much more in the NEWSROOM right after this.

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