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EARLY START

U.S. Under Fire Over Torture; Al Qaeda Bomb-Maker May Still Be Alive; U.S. Ends Control of Afghan Prisons; Spending Plan Hits Snag; Black Congressional Staffers Plan Walkout; Western Weather Danger; NFL Approves New Personal Conduct Policy

Aired December 11, 2014 - 05:00   ET

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


(COMMERCIAL BREAK)

CHRISTINE ROMANS, CNN ANCHOR: The United States under fire. The CIA roundly criticized over a report on the use of enhanced interrogations. The agency's director is preparing to speak out to address all of this with reporters. In the meantime, how leaders are reacting around the world? We've got a live report.

JOHN BERMAN, CNN ANCHOR: Still alive. A dangerous terrorist bomb- maker apparently survived air strikes once thought to have killed him. So where is he now? We will have answers from the Pentagon.

ROMANS: Monster weather coast to coast. We have parts of California preparing for what could be the state's worst storm in decades. The Northeast trudges through another day of rain, snow, sleet, ice. We're tracking what Mother Nature has in store for you, folks.

Good morning. Welcome to EARLY START. A lot going on today. I'm Christine Romans.

BERMAN: Great to see you today. I'm John Berman. It is Thursday, December 11th. It is 5:00 a.m. in the East.

And this morning, President Obama finds himself walking a fine line. This in the wake of the Senate's new report on the tactics used by the CIA after September 11th.

The president who banned harsh interrogation techniques immediately after taking office says he supports the release of the report, but congressional Democrats are upset that the president has not endorsed the report's conclusion that the techniques, the tactics, the waterboarding, they failed to produce useful information.

Many Democrats are also unhappy that the president is standing behind CIA Director John Brennan.

Senator Mark Udall from Colorado attacked Brennan as deceptive from the Senate floor and called for him to resign.

(BEGIN VIDEO CLIP)

SEN. MARK UDALL (D), COLORADO: Director Brennan and his CIA today are continuing to willfully provide inaccurate information and misrepresent the efficacy of torture. In other words, the CIA is lying.

(END VIDEO CLIP)

BERMAN: Republicans are attacking the report, calling its release a danger to Americans and betrayal of promises made to U.S. allies.

Some of the architects of what's called "enhanced interrogation" are defending it as effective, even necessary.

(BEGIN VIDEO CLIP)

RICHARD CHENEY, FORMER VICE PRESIDENT: We did exactly what needed to be done in order to catch those who were guilty on 9/11 and to prevent further attack. And we were successful on both parts.

(END VIDEO CLIP)

BERMAN: Now, the fallout from this explosive report will continue today. CIA Director John Brennan, he will take questions from reporters at a news conference this afternoon. This will be fascinating. This man really in the middle of it all, caught in some ways between the White House and the Senate and old CIA officials and the current CIA. The news conference at 1:30 p.m. Eastern Time.

ROMANS: Caught in the middle of all that and around the world, you got this called -- these are crimes. This should be prosecuted.

This morning, the United Nations and human rights groups are bolstering their calls for the prosecution of any CIA or other U.S. officials involved in this torture in the past. A spokesman for the U.N. secretary-general says Ban Ki-moon hopes the report starts the -- start of the process toward criminal prosecution.

And U.N. human rights official Ben Emmerson says the fact that the policies revealed in this report were authorized at a high level within the U.S. government provides no excuse whatsoever. Indeed, it reinforces the need for criminal accountability.

The White House says the decision on criminal charges is for federal prosecutors to make, not the president.

(BEGIN VIDEO CLIP)

JOSH EARNEST, WHITE HOUSE PRESS SECRETARY: This report as important as it is to release it, as far as I know, at least, it doesn't include a whole lot of new information that wasn't previously available to these federal prosecutors.

(END VIDEO CLIP)

ROMANS: The Justice Department has said it does not -- it does not plan to prosecute anyone who, quote, "acted in good faith." And it released a statement Wednesday saying the U.S., quote, "is committed to complying with its international obligations, but those are best handled by domestic, not foreign courts."

At the same time, a growing chorus of international leaders are speaking out. CNN's Karl Penhaul joins us live from London.

Karl, I think it's no surprise that some of America's ideological -- I would say ideological foes have been calling out the U.S. on this. But how is the world weighing in?

KARL PENHAUL, CNN CORRESPONDENT: It depends on who you look at. If you look at U.S. allies, Christine, like Britain, well, Prime Minister David Cameron has come out and said torture is wrong. And he says that he's also worried that by engaging in the torture tactics that the U.S. has lost or will lose its moral authority, in his words. Now, of course, that does seem to be the case. It seems like a bad joke, if you listen to comments coming out from Russia, China, Iran and North Korea. Countries that themselves have appalling human rights records.

But we've heard from the Russian foreign ministry talking about the human rights violations calling for the perpetrators to be called to justice. We heard from North Korea calling on the United Nations Security Council to bring the perpetrators to justice as well.

Iran has said that this goes to show the CIA is a symbol of tyranny against humanity. But like I say, what would you expect from countries with those human rights records like they have? But on the other side, Poland, the U.S. ally, well, the former president of Poland has come forward and urging not to reveal too many details about CIA torture activities.

Poland, of course, has a lot to lose because the European court of human rights has already judged Poland ran one of the CIA torture sites on its territory. So, mixed reactions here, Christine.

ROMANS: All right. Thanks for that, Karl Penhaul in London for us.

BERMAN: New information this morning about a high level terrorist that the United States thought had been killed in an airstrike. This concerns a bomb-maker for an al Qaeda offshoot operating in Syria. And this morning, he appears very much alive.

CNN's Barbara Starr is at the Pentagon with more -- Barbara.

(BEGIN VIDEOTAPE)

BARBARA STARR, CNN PENTAGON CORRESPONDENT: John and Christine, two U.S. officials are telling me they believe a key leader in the Khorasan group, that al Qaeda group in Syria, is still alive even after months of U.S. airstrikes.

A French bomb-maker named David Drugeon, a master bomb-maker, they thought they had killed him potentially in an earlier airstrike, now officials say every reason to believe he is still alive. The concern about Drugeon, he has the skills and knowledge on how to make bombs that can potentially bypass airport security measures. So, the fact that he is still alive causes a good deal of concern to U.S. officials. They also believe the leader of the group, a man named Muhsin al-Fadhli also still alive after months of U.S. airstrikes against the Khorasan Group. This is a group of hard core al Qaeda operatives that move from Pakistan to Syria over the last several years. It is a group that causes the U.S. a great deal of concern because of their abilities and desire to potentially attack the United States -- John, Christine.

(END VIDEOTAPE)

ROMANS: All right. Barbara Starr -- thank you for that, Barbara.

The Senate Foreign Relations Committee meets later today. Leaders from both parties are trying to reach an agreement on authorizing the use of military force against ISIS. The White House wants all options on the table with no limits on how or where the U.S. can attack ISIS.

Senator Rand Paul is demanding that the U.S. actually declare war on ISIS. He calls the current conflict illegal.

BERMAN: The United States no longer operating prisons or holding detainees in Afghanistan. The final three inmates have been transferred or released, that as NATO combat mission winds down to the December 31st withdrawal date for most troops. There will be extension in some cases. The Afghan military will be in charge of all prisoners and detention facilities, though, effective January 1st.

ROMANS: Developing overnight: the $1.1 trillion spending plan that would keep the federal government operating beyond midnight tonight, it has hit a snag.

The Democratic House Leader Nancy Pelosi is demanding two provisions be removed from the measure. One eases financial regulations on derivatives. The other raises limits on certain political donations. They might need a short term extension of tonight's deadline to avoid a government shutdown.

BERMAN: Happening today: Black congressional staffers planning to walk off the job this afternoon. They will be gathering on the steps of the Capitol and speak out against the grand jury decisions in the Eric Garner and Michael Brown cases.

A lot of the concerns and the protests have now spilled onto college basketball courts for the first time. The entire Georgetown Hoyas team wore the "I can't breathe" t-shirts before last night's game against Kansas.

Officer Daniel Pantaleo, the New York police officer who was not indicted in Eric Garner's death, met with internal affairs this week. He insists he never used a chokehold on Eric Garner. He claims he used a takedown technique that he was taught at the police academy.

This as the New York City Police Department announces plans to arm more of its officers with stun guns for subduing suspects who resist arrest. The commissioner says the department needs funding to buy the stun guns and develop proper protocols to use them.

ROMANS: A growing number of Americans believe the American dream is out of reach. A "New York Times" poll showing there is more pessimism today than there was right after the financial crisis of 2008. The poll finds 64 percent of Americans believe it is still possible to work hard and become rich. That is the lowest number in two decades.

Time for an EARLY START on money.

Oil prices are falling and that is spooking market. Asian stocks fell today. European shares and U.S. stock futures are mostly up right now, bouncing back from the worst day for stocks since October. Look at what happened yesterday. The Dow fell 268 points. That's 1.5 percent.

The S&P lost 1.6 percent. Oil stocks, the big losers. ExxonMobil in the Dow fell 3 percent. Chevron lost 2 percent in the Dow. And some of the smaller players were hit 5 percent. They dragged the stock market down with them.

Oil prices still in a tailspin. Look at this -- sitting at a five- year low, John, $61 a barrel right now. Yesterday, OPEC slashed the forecast for oil demand for next year to the lowest in 12 years. Analysts say prices could keep dropping as well as $48 a barrel.

BERMAN: And that's the demand, that's the demand they say that's going down. And that as the supply, with all of the shale and everything else, goes up.

ROMANS: Right. If prices keep falling, at what point does the output slow down? Because oil producers can't money at $40.

BERMAN: Well, but OPEC says it's not turning off the spigots. That's the biggest issue right now. Wow.

ROMANS: That's right. It's kind of a game of chicken between U.S. producers and OPEC really.

BERMAN: Ten minutes after the hour.

All right. People in northern California -- they have been desperate to get rain and water. But they are getting more than they bargained for today. The region gearing up for one of the biggest storms in years. Flooding, even blizzard conditions could be on the way out west. We'll tell you what to expect, next.

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ROMANS: Extreme weather brewing coast to coast. Big nor'easter dumping 20 inches of snow on the East Coast. The West is bracing for its biggest storm in about a decade. This is the scene in Palo Alto, California. These crews working around the clock, sand-bagging near rivers. Gosh, trying to subdue the flooding along these rivers. The area could see up to five inches of rain into late Thursday.

Meantime, folks, further inland, they're bracing for blizzard conditions.

BERMAN: Heavy storms in Washington state. More than a foot of rain in areas around Puget Sound. Look at the houses. Yikes! That's on the state's south coast.

Winds gusting up to 75 miles an hour forecast in the north. So, you can expect serious power out outages.

ROMANS: In Upstate New York, heavy snow prompted this -- caused this massive tree topples on a home in Richmondville. The family inside said they had no idea what happened. One man said his nerves were rattled, but luckily, he and his wife made it out safely.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: It scared me, my heart started pumping. I told my wife, get dress, get dress, in case more happen. You know, you got to dress and pack medical supplies.

(END VIDEO CLIP)

BERMAN: Some serious weather headed your way today on both coasts.

Let's get an early look at the forecast from meteorologist Pedram Javaheri.

PEDRAM JAVAHERI, AMS METEOROLOGIST: Yes, good Thursday morning, guys.

Conditions across the Northeast is going to improve over the next couple of days. And you take a look, the storm system that's pushed in on Tuesday with heavy rainfall. Of course, we set record rains across New York and even around Newark as well.

But you take a look at Wednesday, it was generally all snow. Today, it will be a mix of rain and snow across New York City and Boston. At best, a half an inch, maybe a quarter of an inch, really not much left with the storm system. It will try to pull away come Saturday and Sunday, and that point, finally, you have a late improvement to your weekend there with the storms exiting the picture.

Not, though, the case over the next couple of days around the Pacific Northwest and California. One they move in, a secondary one lines. Take a look at this, we are talking about getting 6 to 10 inches across Northern California of rainfall. Higher elevation of snowfall 2 to 3 feet. Even down around San Francisco and Los Angeles.

Keep in mind, they saw about three to four inches of rainfall in the entire year in 2013. They could see similar amounts over the next couple of days over this region. Beneficial, yes. Flooding is a concern, absolutely.

That is the latest in weather. Let's send it back to you.

ROMANS: All right. Pedram, thank you for that.

New details this morning in the alleged rape scandal at UVA. "The Washington Post" tracked down and interviewed three friends of the alleged gang rape victim identified as Jackie in that "Rolling Stone" article published last month. Now, their account calls key moments of the article into question. The story alleges they were callous and indifferent, and suggested that Jackie not report the assault. Now, these friends tell "The Washington Post", they remember being shocked and they immediately urged Jackie to talk to police.

One student says "Rolling Stone's" claim that he declined to be interviewed is simply untrue. He says the magazine never reached out to him.

BERMAN: Bill Cosby is facing another lawsuit, a new one. Accuser Tamara Green is suing the comedian for defamation. She claims that her reputation was damaged by Cosby's publicist and lawyer, calling her a liar. She alleges that Cosby drugged and sexually assaulted her in the 1970s while she was helping him find investors for a club. Green is one of nearly two dozen women who have publicly accused Cosby of sexually assaulting them.

ROMANS: All right. This story is just amazing.

A 67-year-old boater missing at sea for 12 days back on dry land. His family is hoping to reunite over the holidays.

Ron Ingraham sent out a distress call on Thanksgiving Day. He was stuck on a 25-foot sailboat for days as waves swelled 15 to 20 feet high. The coast guard called off the search after three days. Nine days later, Ingraham sent another distress call. This one worked.

His son described what it was like to hear his father was found alive 60 miles south of Honolulu. Listen to this.

(BEGIN VIDEO CLIP)

ZAKARY INGRAHAM, SON OF RESCUED BOATER: When I got that phone call, that was -- that was rough. The commanding officer of the coast guard told me they were calling off the search, you know? Yes, I broke down crying. I was thinking of an image of somebody floating in the water.

And I said, well, did you find the sailboat, too? And they says, no, we found your dad and sailboat and he's alive.

(LAUGHTER)

(END VIDEO CLIP)

ROMANS: So, how is he alive? He survived by catching and eating fish and joked it wasn't as good as a sushi bar.

Gross but necessary.

BERMAN: Wow. But amazing, what an amazing story. So happy for that family.

"TIME" magazine has named its person of the year. Editors of the magazine chose the caregivers working at the frontlines of Ebola crisis in West Africa. Among those honored in the issue is Dr. Kent Brantley, the American doctor who caught Ebola while caring for patients in Liberia. "TIME's" editor says that the Ebola fighters were chosen for their tireless acts of courage and mercy. Certainly, very deserving.

BERMAN: NFL owners come out in full force to support a new personal conduct policy for the league, but not everyone is celebrating on or off the field.

Look, it's Andy Scholes. We get Andy back.

Andy with the "Bleacher Report", next.

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BERMAN: The NFL has a new personal conduct policy for its players.

ROMANS: Andy Scholes has it all for us this morning in "The Bleacher Report".

Hey, Andy.

ANDY SCHOLES, BLEACHER REPORT: Hey, good morning, guys.

Yes, the league's owners passed it unanimously yesterday and it's going to take effect immediately.

Here are some of the highlights. The NFL is now going to conduct independent investigations when they're considering a player's punishment, a disciplinary officer will be appointed to make the initial ruling on that punishment. However, Commissioner Goodell, he still will oversee the appeals process.

So, he's still going to have a lot of power in these decisions. And yesterday, at the owners meeting, Goodell spoke about the new policy.

(BEGIN VIDEOI CLIP)

ROGER GOODELL, NFL COMMISSIONER: The policy is comprehensive, it is strong, it is tough and it is better for everyone associated with the NFL. I have stated it many times. Being part of the NFL is a privilege. It is not a right.

(END VIDEO CLIP)

SCHOLES: Now, the players union was not very happy with the new conduct policy saying they weren't given the professional courtesy to see it before it hit the press. They also say the new terms should have been collectively bargained.

All right. Carolina Panthers quarterback Cam Newton said he's happy to be alive after Tuesday's car accident. On Facebook, Newton posted, "I do not know where to begin, because by look of that picture, someone is supposed to be dead or severely injured, worse than I am right now." He went on to say, "Life is too short. I thank you to the people who have been keeping me in their prayers and well wishes for a speedy recovery."

Newton suffered two fractures in his back in that crash. He has been ruled out for Sunday's game against the Tampa Bay Bucs.

All right. NBA last night, Magic and Wizards tied at 89 with 0.8 seconds on the clock. Heading into overtime, right? Wrong. Andre Miller, the lob to Bradley Beal, he puts it in at the buzzer. Wizards get the walk-off win.

All right. Patriots tight end Rob Gronkowski is a beast on the field, but during an interview with ESPN, he showed off his softer side. Take a look at this, it's Gronk with kittens. He took a bunch of funny pictures.

But, John, are you mad he stole your idea for a Christmas card this year?

BERMAN: I think he looks great, Andy. Come on. Wow, that is my Christmas card this year. I didn't know anyone else had that hat. My goodness.

SCHOLES: He stole it.

BERMAN: Andy Scholes, great to see you.

ROMANS: How do you keep those biceps under that coat?

BERMAN: I know it's hard. They tear during the break.

ROMANS: The lights and all that.

All right. Has the U.S. has lost the moral high ground over its past use of torture? Officials of both parties take the heat. What threats could Americans face around the world and should Americans be bracing for more fallout from that report? More on the controversial CIA report, right after this.

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