tv Legal View With Ashleigh Banfield CNN May 20, 2015 9:00am-10:01am PDT
of buildup when it comes to this final show, as is to be expected. >> great to have you with us watching all the clips of letterman has been delightful. >> that's true. >> thanks, everyone, for joining us "at this hour". >> "legal view with ashleigh banfield" starts now. hello, everyone. i'm ashleigh banfield. welcome to "legal view." it has been four years and 18 days still counting since osama bin laden was gunned down in his pakistani hideout by united states navy s.e.a.l.s. and his grimly fascinating secrets and quirks and his bizarre passions are just starting to really pour out. this morning, united states intelligence put out the biggest stash yet of documents seized in the bin laden compound raid. that night back in may of 2011. may 2nd to be exact. what did they get that night?
documents that reveal the world's most wanted terrorist was a devoted family man who worried about climate change and who collected reports from american think tanks and that's just the beginning. we also got a look at the al qaeda job application form, yes, there was one, that asks for a family contact, quote, in case you become a martyr. kind of like the al qaeda version of the next of kin. i want to stop here and i want to bring in cnn's national security analyst peter bergen bringing this trove of information to light as well our own cnn colleague nic robertson who has spent much of his career reportingn terror in general and in particular on al qaeda and he was in pakistan the night of that fateful takedown. thank you to you both. peter, for starters, congratulations, this is just an unbelievable report. i want to start with the biggest thing that stood out to me, and that was that bin laden seemed to, in these documents, reveal that he was desperately trying to get his followers to focus
only on killing americans and not be so wound up in this whole caliphate, forming an islamic state, which as we all know now, nobody seemed to really care much about that? >> yeah. i mean he was saying to his either groups affiliated with a al qaeda or other militants it's too early to create an islamic state. we have too many enemy that's something we should think about, you know, in the distant future. of course isis, which wasn't around at the time he was writing these documents, had a very, very different vision of how to go about things. so for bin laden it was prioritizing attacks on the united states, not creating some islamic state in the middle east. >> nic, can you weigh in on some of the material showing that the cia drone attacks were of grave concern to bin laden? in fact i think he said the quote, this is concerning and exhausting us. it seems the american government released those kinds of details a while ago, and this really
does prove the drone attacks were working. >> yeah. that's right. i mean intelligence intercepts that we've been told about from concerns that al qaeda and other taliban commanders have in the field, that they're being targeted by drones, it's hard to escape the drones. we've been told about those in the past, so here we have bin laden saying the same thing which tells us he was still in touch, although hold up in abbottbad, he was in touch with the commanders in the field because he was clearly getting to hear the same things, that the drone strikes were effective. he was telling his operatives they should not go out or not plan big operations or go out in big numbers, unless there was heavy cloud cover so that drones couldn't see them. so this really kind of does, again, add to that picture that he still was in close communication with at least some of al qaeda members on the ground. >> peter, jump in here with the seymour her sh reporter who came
up with this idea with sources that suggested pakistan was in on the bin laden detainment all along and just handed him over to the americans and there wasn't this mass fire fight. the document trove you've released today suggests something very different. >> there's no evidence for almost every one of seymour hersh's 10,000 piece. it's basically the idea that somehows the pakistanis and americans cooperated to fake the s.e.a.l. raid and bin laden was a prisoner in abbottbad for five years. well, there's -- bin laden was writing, you know, memos and sending letters to his family and friends and colleagues. there's nothing in the documents to suggest he was a prisoner in this abbottbad compound held by the pakistani military, which is one of the principle assertions of his hersh's piece. the piece doesn't hold up to any of the facts that we know. >> here was another fascinating bit of information among the many, just too many to list right now, but nic, the fact
that bin laden was in close contact with his family members, seemed very much in love at least with one of his many wives and couldn't wait to see her again if that was going to happen at all, it didn't according to the material we have now, but his son hamza was being tapped to succeed him at the helm of al qaeda. what did the documents suggest? >> yeah. hamza and hamza's mother one of bin laden's wives, the one that he was writing to, saying that he was passionately looking forward to seeing her again, hamza and hamza's mother were being held in iran for about a decade. certainly that did come to light many, many years after september 11th attacks, but the idea that hamza could be stepping one day into bin laden's shoes, that he was sort of being groomed for, that the chosen one, again, shows bin laden's number one, his view that he might not be around forever but he wanted to
continue his legacy and he was writing to his son and his son writing back saying he was looking forward to seeing his father again, it had been a long time since he had been in touch with his father but this is a divergent sort of bin laden if you will from the one who was also talking about killing americans, killing them in large numbers, and had authored plans to do precisely that. >> just remarkable material and as i just mentioned, gentlemen, this is the surface. so much material in the stash that you're reporting on today and nic, thank you so much for your insight as well. by the way, if you want to read more on this, nic and peter have done great work and we've got extensi extensive reporting on cnn.com including the financial problems, yes, treated it like a business and he was worried about revenue. read up on that it's incredible. we're working on the massive story in texas as we learn more about who may have been behind the biker gang shoot-out. wait until you hear about this man, pretty fascinating look
even a more fascinating biography. a waco police sergeant will join us with the latest on the investigation and he'll reveal the significance behind that mugshot you just saw. i love making sunday dinners. but when my back hurt, cooking all day... forget about it. tylenol was ok, but it was 6 pills a day. but aleve is just 2 pills all day. and now, i'm back! aleve. based on 6 different criteria, why did a panel of 11 automotive experts, name the volkswagen golf motor trend's 2015 car of the year? we'll give you four good reasons. the volkswagen golf. starting at $19,295, there's an award-winning golf for everyone.
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kes pratsly needed right now in waco, texas, lawyers and not just one or two, a whole slew of them. because there are so many people who are sitting in jail right now on a million dollars bond that district court is now reaching out to other counties, i'm not kidding here, and they're asking any court-appointed attorney who might have a hand free right now, to come to waco and pick up
some of these biker gang shoot-out suspects. even if you're not a court-appointed attorney. they need anybody they can get. they are low on bodies, folks. 170 members of various motorcycle gangs all held on that big old bail, a million bucks, they are still locked up in waco. kind of hard to post a million buck. this is three days after that parking lot gun fight that ended with nine people dead. one of the bikers who was rounded up after the deadly brawl is someone who probably should know better. that is a great picture. it is intriguing. but the picture isn't anywhere near as intriguing as his background. a retired detective. are you kidding me? a policeman, former san antonio detective named martin lewis. pictures on his facebook page showing him wearing his bandidos motorcycle club gear. come on, detective, really? and should the people of waco be nervous their city is now a biker battlefield? a former federal agent says no. that motorcycle club usually
prefer to lie low and then stay out of the view of law enforcement. so much to deal with. want to get sergeant w. patrick swanton in here, the waco police department, he's been doing a great job of keeping us updated on all of the details. first and foremost, sergeant, thank you very much for coming back to talk to me today. how about all those cell phones? i just am so curious about the number of cell phones with 170 people arrested, that you may have been able to collect and bag and tag and get a warrant for to see what all that texting was about, not only the day of the arrest, but more importantly the day before? >> yeah. certainly there is a wealth of knowledge that can be gleaned from the information on the scene and information that we have collected as far as evidentiary value. it's a long process. there's a lot that we'll need search warrants, there's vehicles that need search warrants. it is a meticulous, slow and
tedious process but something that we think will help our case investigation obviously. >> you gotten any warrants on the cell phones yet or made headway in tapping in to find out? if you want conspiracy on 170 defendants, cell phones are a real good way of getting it. >> i appreciate you advising us that and i will tell you, we got a pretty sharp bunch of detectives here and that is certainly something that they have already checked on. >> did you get the warptss yet? >> i would ask that -- yeah. what i would ask you to understand is obviously case integrity will be very important for us, so i won't discuss the intimacies of the case if you will. >> okay. how about this part, and i completely respect you are in a busy job with a lot of moving parts, the former detective from san antonio, what on earth is going on? did any of your members know of him and -- i mean were you as surprised as i was to see that? >> i just heard you mention that
a minute ago. quite honestly, i think it's pretty shameful. i want to make sure citizens understand, the individuals that were at twin peaks sunday morning, sunday afternoon when this occurred, were members of a criminal biker gang. the clubs are totally different from what we call the gangs here sunday. this is not your let's go for a leisurely ride and enjoy the sunshiny days. these are individuals committing criminal acts and this is totally different from somebody that might just ride a motorcycle for a pleasure. we understand that not everybody that rides a motorcycle is a criminal. the bunch here sunday involved in the killing of nine k individuals it doesn't get more criminal than that. it's shameful one of those may have been a form police officer. makes me sick to my stuck stomach.
>> makes a lot of people scratch their heads on that one. last question, it's about the legal representation and the work that prosecutors need to do. first and foremost, a shortage of defense attorneys and a big all call out there for people to come in and lend a hand. number two, is the d.a. even able to get in and start doing those necessary interrogations? are they making any head way in interviewing the 170 people cooling their heels in the jail? >> yeah. that is something that's actually part of our initial investigation that our detectives, the texas rangers, the texas department of public safety, criminal intelligence division, we have federal agencies such as the atf, the fbi, they've got a lot of leg work in front of them. they're going to work to get that information. there is a lot of work yet to be done. and i want to, if i have a minute, i would like to talk a little bit about this is the difference between a club and a gang. we have recovered up to 1,000
weapons at twin peak. a lot of those are maybe a normal pocket knife. there are very aggressive assault knives. there are weapons such as firearms. the highest caliber weapon we've recovered is an ak-47. family clubs don't carry the kind of weaponry we've seen in there this morning. during my walk through, family club members ant going to go and hide firearms in bags of chips. they're not going to hide firearms in the toilets. that is not a family club. these were vicious gang members that were in our city sunday. >> just to be clear, you definitely found weapons hiding in bags of chips and toilets? where else did you find them hiding? >> you name it they were there. they were hidden in the stools of the restaurant seating area. they were hidden in the kitchen. they were hidden in the bathrooms. we were -- i will quite honestly
we were amazed at the number of weapons we found hidden in lace places inside that restaurant. >> do you think that was hidden in a hurry or the days leading up to this which would suggest something far more sinister than an accidental fight that escalateed? >> no, it was hidden. you can tell some of them were -- they were running and it was like where do i put this, not very well hidden, but we believe it happened during the melee and after the melee before police could get in there. >> you're fascinating me releasing this material that an ak-47 was found and thousand weapons were recovered, especially they were hidden like that. any other little nugget that you found remarkable? you've been in this business long enough to know sometimes evidence stands out, not just in what it is but how you get it. what else have you recovered from all those vehicles and from that site? >> yeah. you know, it's just i think the nugget that you will get from this is the sheer volume of weapons that we've recovered
from the twin peaks restaurant. >> well, listen, you really do have your work cut out for you and i hope you have all hands on deck and lot of o.t. in your budget. thanks for being here. >> thank you for having us. >> really appreciate the work he's doing and then the rest of his colleagues on that force as well. so wow. that's a shock. a thousand weapons. imagine what it's like to process all of those. that's a heck of a lot of forensics, more than we thought. coming up, again, cell phones, because if you were texting someone, let's throw down tomorrow, that is not good when the warrant breaks open that info for your case. going to talk legal next.
it's been decades since waco, texas, has been making news and it's been making news this week. 170 people facing capital murder. under a conspiracy-like statute. that crime scene is big and awful and messy and it needed to be processed and they needed days to do it. at twin peaks comes the other job cleaning it up. the video we have for you right now, this is the job that these guys are left to do because there were so many injuries and deaths, that it was literally a battlefield, blood stains everywhere. and so now, this business that more than likely wants to get back up and running if it can deal with its franchisee issues which is also a problem this is what they're left doing, trying to get rid of the evidence, now that the officially is officially logged, tagged and
filed. they just want to get back to business. joey jackson is here with former prosecutor dan shore. okay. former prosecutor dan shore, i've been talking about these cell phones like crazy because every time i see that video from the helicopter of all of them bikers texting away, waiting for their zip ties and waiting to be processed and taken off, i'm thinking who are you texting? what are you saying? and more importantly what did you say yesterday? >> exactly. because the theory of the prosecution there are so many people but there's a large criminal organization, so it doesn't necessarily matter what actions each took as long as they were communicating with other people, acting with other people and engaging in this wild -- >> conspiring, planning. >> any communication with other people before that were meeting up, we're going to have this conflict or i'm part of this biker gang that as the sergeant said is a criminal organization, that's all very important evidence for the prosecution. >> joey, no one is expecting that someone says on his cell phone, i am going to likely
capitally murder several victims tomorrow at the event, but they do say other things like, threats, plans, if if the meeting goes awry, bring your blank blank weapon or ak-47 or pack as much as you can we are not letting this stand. all these statements. >> very important. what happens, ashleigh, is that any jury once a jury is impanelled provided their indicted and the matter moves forward can draw reasonable inferences using their common sense which seasoned prosecutors will remind jurors to do constantly. when you have the element of secreting types of weapons you don't generally secret weapons unless you intend to use them for purposes of that are pretty bad. >> did you hear that sergeant, 1,000 weapons. >> hidden all over the restaurant. >> like five weapons per person arrested almost and one of them is as bad as an ak. >> i want to put a big "but" here, but people who engage in activities like this need to be prosecuted but we have to be very careful that people are being prosecuted properly.
why do i say that? in this country you don't prosecute people simply for their associations. you are permitted and allowed to associate and it's important that particular criminal activity be ascribed to the individuals involved. otherwise, it's problematic. so before we say, oh, this retired detective was involved and he did something really bad, we have to find out what specifically did he do? was he texting? did he know if he did text of anything that was going to occur of the criminal variety. >> that's that conspiracy i was talking about. wearing the bandidos colors, the three patches, and you're there and you were texting the day before about all of these things, retired detective or unemployed, doesn't make a difference, you're faying capital murder. >> once a part of the criminal organization you're responsible for all the acts of the criminal organization on that day. joey is right, you still have to ascribe some specific conduct to an individual to make him part of the criminal enterprise. that's the challenge of the prosecution, sorting this out with so many defendants. >> can't imagine the job they have. thank you both.
a fascinating case no matter how you slice it. the waco shooting not the only story making headlines either. an undercover new york city police detective who is accused in taking part in a biker versus driver melee in new york and that case is now on trial. and you will remember this. it made huge headlines. dramatic video from 2013. detective voychuck facing assault charges in this attack on an suv driver while he was off duty. the chase went on. that suv with a driver, his wife and baby in the car, basically menaced and terrorized on the streets of new york trying to get away and watch. smash, smash. again a baby in the car, folks. a baby in there. a 2-year-old. and a wife screaming. he was dragged out, beaten. he required stitches. such a horrifying situation. and cnns has obtained the 911 call that was made from the passenger and the driver in the
car and you can hear the terror in their voices. >> we have a baby. stop. >> oh, my god. stop. we have a baby in the car. >> get out. >> hello. >> we have a baby in the car. stop. >> tell me what happened. how were you attacked. >> driving down west side highway and a bunch of motorcyclists surrounded us and started hitting our car and smashing our windows. we're trying to get away. we pulled off this highway and they started chasing us, pulled us out of our cars and smashing our windows, hitting us and making like threatening to kill us. i don't know why. >> all right. hold on. your location. >> my husband is bleeding all over the street. >> where did these motorists go? >> there's more coming right now. >> all right. >> did they have any weapons or knives or guns? >> yes. they have weapons, knives. they had -- they were smashing us with everything they had.
>> all right. >> they're taking a knife to us. >> they cut you with a knife or not? >> they cut my husband's face open with a knife. >> the wife who you heard on that recording was weeping in court yesterday as she told the jury that she retreated to the back seat that was filled with broken glass because she wanted to check on her 2-year-old daughter. absolutely harrowing. unbelievable. the crews are racing to contain a spill, a devastating oil spill in santa barbara, california, just in time for the memorial day weekend. these are the live pictures. they are seeing at 9:28 a.m. pacific time on what is normally a beautiful beach. not today. and not for several days, weeks, months, or years. we're going to dig deep into this in a moment.
the white house says it is monitoring an oil spill off the coast of santa barbara deploying the coast guard to help with this response. take a look real close at your tv screen. that is not the picture you want anywhere in your neighborhood, or even in your country. drk sludge on the sand in the water and covering that wild life. u.s. coast guard says the
ruptured line belongs to a houston based company, plains all american pipeline. officials say that the flow now has stopped and that is just about the only good news we're hearing right now because the flow may have stopped but the spread is another issue. joining me live from the beaches in santa barbara, paul vercammen. i was just watching your live shot during the commercial break, paul, and i could see what looked like at least, i don't know, maybe six to ten tie vex suited workers strolling the beach trying to get a handle on it. how is it going? are they able to contain this and clean up what did make shoreline? >> you're right, there were about six to ten over my left shoulder but they're clusted around this beach. there is sludge and tar balls everywhere, going through the painstaking work of literally raking together balls of oil and then putting it in plastic bags. i will tell you this, i have not seen in this immediate area at least, any shore birds or any
other animals covered in oil. so that's a good sign. there's also a few boats out here that are attacking this spill basically skimming it and collecting it in the water. this is one of those spills that originated from the ruptured pipeline in that direction and came toward the water and joining me live is the santa barbara county supervisor. you have a concern about the stretch of coast not only environmentally but economically. >> absolutely. aside from the important e environmental and ecological areas one of the most pristine areas in the world we are concerned for the economy. memorial day weekend is coming up, we're concerned whether this park will be able to be open by then or not and that will impact our local economy. >> we hope you are able to get it open and the other state beaches opened as well. that's the santa barbara county supervisor. we should know that refugio
beach is closed. they expect 1,000 people would come through here on memorial day weekend and el capitan threatened by the spill but opened for now back to you. >> so frustrating, so close to the holiday weekends and such a beautiful environment. paul, good luck, keep us posted on the efforts and send our best to those people doing that hard work too. paul vercammen, live for us at santa barbara. robert and arlene holmes, you may not have heard as much about them as their son james because they are the parents of this accused mass murderer. their son james shot 12 people dead at a movie theater in aurora, colorado. that's not disputed. one of the victims was just 6 years old. and now that he's on trial for murder, you might be surprised to hear what his parents are saying and just imagine for a moment during commercial break, that it's you sitting watching across the courtroom as your son faces a death penalty. we got the new tempur-flex and
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aaron hernandez doesn't seem to be able to stay out of trouble even though he's locked up behind bars. a law enforcement source says that the former nfl player has gotten himself mixed up in a prison fight. hernandez allegedly agreed to be on the lookout for another inmate who went into another prisoner's cell and now all three of those fellas are being disciplined and that means hernandez is now in a special management section, that's euphemism for not as good as the day yesterday before you did that stuff. tomorrow a judge may set a trial date for two other murder charges that hernandez is facing relating to a drive-by shooting back in 2012. the hits just keep coming. we're not talking football. these are live pictures we're about to show you from the james holmes' murder trial.
every day two people come into that courtroom and listen to every gruesome detail and i'm not talking about parents or those who were injured, i'm talking about parents of the man who's accused because their son killed 12 people and injured 70 others in a crowded colorado movie theater back on july 20th of 2012. his plea is not guilty but he's not suggesting he didn't do it. he's just saying he's not guilty because of insanity and his parents concur. they say that he is mentally ill and they have written about it and how heartbreaking this whole concept of the trial and the death penalty is for them and everyone else. cnn's ana cabrera has been following the case closely. we are limited in that picture that we can show of the inside of the colorado courtroom. the judge dictated early big wide shot no zooming in on james holmes or his family or anybody else. because you're in the courtroom what do you know about these
parents and how they are every day in that courtroom? >> well, they show very little emotion. they sit very quietly day in and day out. they're seated behind the defense team and what's considered the gallery of the court, which you can't see in the pool feed video that the court has authorized us to show. i can tell you, i do look at them frequently to see if they're reacting to some of the emotional testimony, to see how they seem to be handling some of the heartbreaking details that are coming out in court and they don't show much. they sit quietly looking straight forward. really talking to nobody, hardly even talking to each other during some of the brief pauses or breaks in the courtroom. they look weary, solemn. they've come here to colorado from san diego for the trial that's expected to last at least four months. we've witnessed no interaction with their son, at least in the presence of the court. not even eye contact. we did see in week one of the trial them try to pass a note to
holmes' defense team but other than that, that's been the only interaction we've seen between the defense team, holmes' lawyers and holmes' parents. i can tell you there was an emotional moment yesterday which we saw robert holmes turn and look directly at the family of victim micala medek, as a witness was testifying about autopsies on the victims and we saw robert holmes then look directly at that side of the court at that family and so that was one of the moments where we saw him show a little bit of emotion, ashleigh. >> it's just heartbreaking because they're innocent in all of this and they are in as much pain as everyone else. ana, i want to read this quickly what they wrote in the op ed, we love our son, always loved him and do not want him executed. we do not know how many victims of the theater shooting would like to see our son killed but we are aware of people's
sentiments. thank you for that. disturbing allegations involving a college sten know graphy -- sonograms program. two students say they were forced to walk across a classroom draped in a towel and, i'm not kidding here, get vaginal exams in front of the entire class. and if they didn't their grades would suffer. is it possible that can be legal? we'll discuss it next. when the moment's spontaneous, why pause to take a pill?
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two college students say they were forced to have what's known as transvaginal ultrasounds as part of their classroom training in their sonographfy program. and they went on to say if they didn't submit to those exams they were told their grades would actually be reduced and they would be blacklisted within the medical community. they make these claims in a lawsuit, a federal lawsuit, that they have filed against orlando's valencia college and they did so on thursday. >> when our clients went to orientation, these vaginal ultrasounds were positioned as voluntary. however, as time went on, it became clear that they were anything but. i can only begin to imagine what type of psychological stress this had upon them. >> so the college, for its part, has issued the following statement and i'm going to quote them. the use of volunteers, including
fellow students for medical sonographfy training, is a nationally accepted practice. valencia's program has upheld the highest standards with respect to ultrasound scanning for educational purposes including voluntary participation and professional supervision by faculty in a controlled laboratory setting. nonetheless we continue to review this practice and others to ensure that they are effective and appropriate for the learning environment. there are three defendants that are named in the lawsuit and they have not yet responded to our requests for comments. cnn's legal analyst and defense attorney danny cevallos joins me live. the first thing i thought when i heard about this claim was that can it possibly be legal in any circumstance that you know of, with your medical background and the teachings that you do, for this kind of a thing to actually
happen? >> when this case first came up as an adjunct professor in the health care law area, the first thing i thought is, well, the claim -- the defense by the school is going to be that these ppes, these physical peer examinations were voluntary and after all, that's the defense that the college has to make, because these are federal claims of state entities, unlawfully searching and seizing these students. these are claims that are typically brought against police officers, but absolutely can be brought against state law employees in this context. and as a professor, the idea of volunteering is a bit of a legal fiction. i readily admit i call on students all the time, and their participation really could not be called voluntary, it's compulsory, however i'm asking a question, this is an entirely different planet. if the school claims that all volunteers consented, then if they consented, what did they
really consent or was it with that fear that they would suffer some adverse classroom consequences if they did not consent. >> what i was astounded at, not only this is the first and fourth amendment issue they're claiming but what about all the people who were watching? it is extraordinarily uncomfortable, perhaps for them as well, to be fellow students and this kind of thing happening. the only claim is from those who underwent the exams. we'll watch. danny, nice to see you. thank you. >> thank you. >> always good to see danny. if you want to check out more, we have things piece on cnn.com and there's a lot more detail if you want to take a look. after 33 years, the king of comedy, tonight david letterman is closing that curtain for good. no more top ten lists or stupid human tricks or stupid pet tricks or stupid any tricks. what can we expect for tonight's big, big bittersweet finale? i've lived my whole life here in fairbanks, alaska.
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accommodations were given to daefr students. >> we are talking about 1955. the teacher said no way will i have a deaf kid in my class. my parents would have to insist. >> reporter: bullying another obstacle. >> some kids would put their mouth behind their hand. >> reporter: he per seer veered and went on to medical school and worked twice as hard to keep up with his hearing classmates. >> i probably spend a lot more time reading, re-reading the material. i never doubted myself. >> reporter: today the husband and father of two is department chair of family medicine at the university of michigan. >> many patients don't know i have a hearing loss. they think i have an accent. >> reporter: he also inspires others like him to pursue careers in medicine. >> seeing people that are successful is always a help for all of the staff. >> reporter: dr. sanjay gupta, cnn, reporting. >> so tonight, they're turning
out the lights on david letterman's late show after 33 years of all those stupid pet tricks and top ten lists. he's going to end that run and do it at the ed sullivan theater. everybody from president obama to comedian bill murray has dropped by to say good-bye. over all the years dave has been on the air, we just really never quite knew what was going to happen next. >> and now, a man who thinks yodelers should have their own museum, david letterman! [ applause ] >> ladies and gentlemen, bill murray. [ applause ] >> dave letterman, come on, everybody up. everybody up. everybody up. >> now this wall is, again, covered with the other half of the velcro, right? >> i would feel like a jerk playing tennis with you. >> why? >> because 90% of the day i feel
like a jerk. >> i thought that i would never want to do this show with you. >> now why? let's explore this a little. why? because you thought i was -- >> an [ bleep ]. ♪ >> oh, my. ♪ >> i remember watching that live. i was just saying, i'm old as dirt. i remember all this stuff. i think the ed sullivan theater is his new home. >> that is when he was at his best. an alternative comic, pushing on the walls of the tv screen seeing what he could get away with. he's become more mainstream now. his influence cannot be overstated. all the comic we see like fallon and kimmel grew up looking up to letterman. >> i seen interviews where they were tearing up about this. >> kimmel says i have a show on wednesday, but go watch dave
instead, watch letterman instead. >> no leno? >> no leno. >> not going to happen. >> he was invited. i talked to the producer yesterday, he was invited. jay turned them down. i think it might be for the best because this will truly just be letterman's moment. but there are some other surprises they have in store. >> you did an interview with ep. >> talked to the ep yesterday. he said there will be no sit down interviews but what will be on tonight. >> good. >> i think the final episode is an impossibility. i have come to realize that. i don't think there's any real way go particularly right or wrong. i think it's really something that marks the end of a body of work that speaks for itself. you know, we have all kinds of stuff planned, there will be some clips, there will be -- i think it will be -- we've done our best to put together a lovely show. probably will come down to the moment that dave says good night. i think dave is very good at that and no matter what he does, it will have emotional impact. >> so that signoff will not be scripted. it's going to come from dave's heart and taped this afternoon.
>> burnett, does that guarantee you success in television when you're named burnett. >> mark burnett one of the most successful. >> no relation. >> he's been the e.p. started as an intern and became the head writer and a lot of those veterans, a dozen of those people been with letterman 30 years and they're basically out of work now. >> they don't have any big gigs lined up, not going to move to colbert? >> some have other work lined up. the guy you saw he's working on a movie with paul rudd. letterman has his own production company. colbert is largely bringing his own staff. >> will he do standup? >> what an interesting idea. imagine dave letterman doing stand-up. >> he's been making jokes about he doesn't know what to do in the future. the producer have no idea either. i'm sure in the back of their mind they have an idea. >> i think he should be a "60 minutes" correspondent. he's smart and inciteful and i would watch anything that guy has to say -- >> heard it here first.
>> do an interview with us and let's talk. >> thank you. can't wait to watch. >> few hours away. >> thank you, everyone, for watching. it's been great to have you with us. stay tuned because my colleague wolf blit zer will take the helm in -- now. hello, i'm wolf blitzer. 1:00 p.m. here in washington, 10:00 p.m. in islamabad, 2:00 a.m. in pyongyang, nouk. wherever you're watching from around the world thanks for joining us. we begin with the largest release of osama bin laden documents ever. the correspondence was confiscated by u.s. navy s.e.a.l.s. the night bin laden was killed. they paint a complex picture of the leader revealing the human side of bin laden and reminding us of his terrorist side. among the 103 documents just released, there is extensive cooperation with other leaders of al qaeda andl