a sectarian picture. a devisive issue around there. it is just the southwest where the bombing is worse right now. >> a very tougher environment. nick paton walsh, thank you. stay safe. more ahead in the newsroom and it starts right now. happening now in the newsroom -- >> we shouldn't surrender the tools that help keep us safe. >> the battle over government surveillance. >> there is no constitutional justification for the government to collect all of your phone records. >> the senate returning today to take up the fight over the patriot act. plus -- secretary of state john kerry hospitalized after a serious bicycling accident overseas. >>es neigh good spirits and talking and alert. and a mysterious shooter targeting colorado roadways. >> 911.

today new details which police say show the shootings are linked. newsroom starts now. hello and thanks for joining me. i'm randi kaye in today for fredricka whitfield. we are one hour away from the u.s. senate convening in a rare sunday session. a lot is at stake here. before this hour's up the nsa will begin dismantling its bulk telephone data collection system. that's why senators have come back to town to decide what to do about three key provisions of the patriot act which are set to expire at midnight tonight. sunlen joining me live from the white house with more on the debate going on in washington. what can you tell us? >> the debate is about to start and a scramble in the senate about to be on in a few hours in advance of that midline deadline

tonight. three key provisions of the patriot act are set to expire. that would include one which the controversial bulk phone data program operates. this is what collects that meta data telephone numbers, how long a call lasts. it does not include contents of calls. the use of the so-called roveing wiretaps. this allows the government to tap several phones for a person who changes phones frequently. and the lone wolf nonamerican citizens believed to be engaged in terrorism activities but not linked to a terrorist group. they passed a compromised reform bill. that is supported by the white house. that would extend all these previsions but makes some changes to the bulk data program, moving it from the government into the hands of the phone companies. republican senator rand paul vowed to stand in the way today.

he has said he has vowed to stop these surveillance programs unless there is significant changes to weaken them. tweeting this out yesterday, "there has to be another way. we must find it together. so tomorrow i will force the expiration of the nsa illegal spy program." another republican senator on "state of the union" had a prediction where this was all going. >> i do believe we have the votes. so at this point, i think the question is not really about whether we'll get this passed but when. it will happen either tonight or it will happen on wednesday or some time in between them. really within that 72-hour window we are going to pass. the house passed usa freedom act. >> reporter: while he believes that the senate will pass that house bill the pass forward in the senate at this hour is not clear what they will do when they convene at 4:00 p.m. today. most likely looks like there will be some sort of lapse,

however temporary. >> we'll watch it all. thank you very much. what will the senate end up doing with regard to the patriot act? republican senator dan coates of indiana is a member of the senate intelligence committee. he joins me now live from capitol hill. senator, nice to see you. you have said in the past that we should not toss out the patriot act but put safe guards in place for the american people. does that mean you support the house's usa freedom act, which revises parts of the patriot act? >> i don't support that act at this particular time because i think it has a couple of fatal flaws i hope we can correct. we are trying to find that balance point between protecting the american's privacy as well as keeping them safe from terrorist attack. i think what senator paul has done is taken the bet that nothing is going to happen by letting the program lapse. that's a big bet to take and putting american lives potentially on the line. i think he has misrepresented irresponsibly what this program is and isn't.

this is public statements statements from the floor of the senate are not true. they are not factual. why he wants to shut this program down what his motives and intentions are, i'll leave that to senator paul to explain. he is the one person that could stop this from going forward and keeping these protections in place. >> rand paul said he will force the expiration of it. will the senate be able to move beyond his debate on this issue, do you think? >> that's uncertain. we were not able to do that before the break. coming here with the clock ticking toward midnight it's unlikely we will reach some consensus. we don't know that for sure. we shouldn't have been in this place in the first place. if what senator paul said about the program is true i would be up defending him. to make blatantly false representations of what the program is scares a lot of americans. what it scares us more because we think tools necessary to stop terrorist attacks on americans

are now being degraded or eliminated. this at a time of high high terrorist threat to u.s. security. >> majority leader mitch mcconnell has been pushing for an extension of the patriot act. if the senate won't take up the house bill are you in support of that? >> absolutely. give us some time to better explain this to work it through. why not an extension for two months or four months whatever time it takes to get members advised as to what exactly it what is he we have or don't have. we all want to find a place where we can assure americans that are being protected, their privacy is protected, yet have tools in place in the oversight and judgment of clerks -- excuse mow, of judges and courts. there's never been an abuse of this system in the past. let's find that rather than push your own narrative and say we are going to shut the whole thing down. >> a lot of people were about

less than nine hours away from this shut down. it is going to start being shut down by the end of this hour. why now? why has -- why are we at this point? why is this such an emergency suddenly? why hasn't this been taken care of and handled before? >> that is a good question. we tried to take care of that the week before we broke for break. you can argue we shouldn't have made that break. we really had run to the end of the string here. senator paul controlled procedures co- ss he could use to filibuster to stop us from going forward. that is what he wants to do now. it's a one man show against the security of the american people. i don't think it's responsible. >> what are you telling your colleagues? >> i'm telling my colleagues, if we have this much confusion about how to go forward, what is wrong with a two-month extension or some type of monthly extension just to be able to sit down debate talk this through and come to a sensible

compromise? with so much at stake, it seems like that is the most logical and easy thing to do. >> all right. senator dan coates of indiana, appreciate your time. good luck with that vote and your time on the senate floor today. >> thank you. four americans have been taken prisoner by rebels in yemen. the report says none of the four are government employees. the state department says it is aware of the report and is working to get the prisoners released. officials say due to privacy concerns they can't release specific information about the americans, but added that protection of american citizens abroad is certainly a top priority. the rebels report lid planned to let one american go but since reversed that decision. another american sharif mobley is in custody. he had been held more than five years on terrorism charges brought by the previous government. president and mrs. obama are

paying their respects to the biden family this afternoon. beau biden, the eldest son of vice president joe biden passed away yesterday after a battle with brain cancer. the vice president remembered his son as quote, the finest man any of us have ever known. he was 46 years old. our joe johns looks back at his life. >> good evening. i'm beau biden and joe biden is my dad. >> beau biden was the eldest son of vice president joe biden, but also a public servant in his own right. a federal prosecutor in the late 1990s, and delaware's attorney general for eight years. leaving office just this past january. born in wilmington in 1969 his childhood was marred by a tragic car accident. >> my mom took us to go buy a christmas tree. on the way home we were in an automobile accident. my mom and my sister were killed. my brother hunter and i were

seriously injured and hospitalized for weeks. i was just short of 4 years old. one of my earliest memories was income that hospital my dad always at our side. >> beau biden and his father would remain close even as the elder biden became vice president. >> i went out saturday night with my wife to a family parent/teacher thing saturday night. my mom and dad baby sat. they baby sat the weekend before. >> reporter: as delaware's ag beau biden put a special focus on prosecuting crimes against children and took his talent for the law into the military serving for a year in iraq as part of the judge advocate general corps. >> today i come as you prepare more as a father. a father who got sage advice from his son this morning. dad, keep it short, we're in formation. >> biden had announced his intention to run for governor in delaware in 2016 but has had recurring health troubles

suffering a mild stroke in 2010 and admitted in 2013 to a houston cancer hospital for a brain lesion. >> beau biden was evaluated at a hospital after what is called an episode of disorientation and weakness. >> reporter: biden 46 leaves a wife and two children. i am totally blind. i lost my sight in afghanistan but it doesn't hold me back. i go through periods where it's hard to sleep at night and stay awake during the day. non-24 is a circadian rhythm disorder that affects up to 70% of people who are totally blind. talk to your doctor about your symptoms and learn more by calling 844-844-2424. or visit my24info.com.

welcome back. secretary of state john kerry was flown to a geneva switzerland hospital after he was injured biking in the french alps. he has broken his leg and will be brought home on a medical transport flight back to boston for treatment. let me bring in dr. sanjay gupta to talk about this. let's start with the seriousness

of this injury. as a patient, we know kerry is 71 years old. he is very active. how serious of an injury is this potentially for him? >> well this is a serious injury. when you think about the bone the femur bone is one of the longest and strongest in the body. to break it carries force. we know he had a hip replacement on that same side where he had this fracture. we know the fracture he has now is close to where that hip replacement was. it's a painful injury for sure. it's one that often does need surgery. i will say given the fact that they are allowing him to fly back to the states that he's stable enough in the hospital right now and will be able to tolerate that flight they are confident this isn't an emerge

event thing. it's a good sign they are allowing that to happen. >> and there will be a doctor with him on this special flight. is that out of an abundance of caution? >> i think certainly an abundance of caution. one of the things that does happen these are quite painful. he may need pain medications along the way, as well. i think for the average person who has a significant injury like this they probably would get it taken care of where they are. in this case if it was overseas. begin that he had an operation in boston before for that hip and they think he is stable enough to fly, they made that decision. >> you mentioned that hip surgery. he is planning to go back to the same doctor who worked on his hip to have this leg worked on. how valuable is it to go back to the guy who did the hip surgery? >> that is a great question. it's an interesting thing as a surgeon. in some ways there's always

nuances and slight things that happen during the operation that you may remember from the last time for example, the surgeon operated on secretary kerry that my influence how he treats this fracture as well. i think there is an advantage to that. could it have still been done where he is over in switzerland? yeah. most likely. these are fairly common in terms of the operation for surgeons who specialize in this area. there is probably enough of an advantage having the same person do it because they know you well and know the operation that was there before. >> not only is he especially active but he is also on the road pretty much around the clock. how long before if he was your patient, how long before you let him get back to work? >> those are two slightly different questions, right? getting back to work you have a

feeling he is not going to be able to be as active certainly. he can be working in the sense of still having meetings and doing calls, things like that. people typically say it's four to six months of recovery. i will tell you that even with that length of time it will be a while, probably longer than that before he can get back to the same level of activity he's at now it's not that he can't walk around he should be able to. many surgeons encourage that. putting a little bit of weight along that fracture will help it heal faster. it's going to be -- he is 71. he's an active 71 but it's going to be a long road. it's something we'll see and notice about him for several months. >> we'll watch his recovery along with you. dr. sanjay gupta, thanks for calling in. appreciate it. we are just hours away from the travel ban lifted for the so-called taliban five. the men released from gitmo in

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in just a few hours, five taliban militants released by the u.s. last year in exchange for u.s. army sergeant bo bergdahl could be free to travel. ever since their release from guantanamo bay they have been living in qatar under

surveillance. their one-year travel ban is about to expire. the worry for the u.s. that they could return to the battlefield in afghanistan. cnn nick valencia is here with much more on this. how are the talks going? >> reporter: according to senior administration officials, those talks have been ongoing between the governments of the united states and qatar and afghanistan all weekend. diplomatic sources telling cnn there was expected to be a decisive meeting between the qataris and americans saturday. details have not been made public yet. that hasn't stopped the chatter or questions to senior administration officials on sunday "meet the press" john brennan talked about what he wants to see happen next for the taliban five. >> i talked personally to senior qatar officials about their monitoring of these individuals that have been in qatar last year. looking at the arrangements put in place and what is going to be thele disposition of these individuals, so this is continuing.

it's part of the ongoing process of discussing with our qatari partners what is in the best interest of national security. i want to be sure they are not allowed to return to the fight. this is part of a rehabilitation process as well as monitoring. arrangements that can be worked out with qatar, afghans, we are looking at what are still the possibilities here. the five figures the u.s. had to relinquish to secure the release of sergeant bo bergdahl are the men on your screen. we wanted to introduce you more to them. one was chief army staff under taliban regime and accused of war crimes. nori denied his role and importance and level of access to taliban officials. the third individual reportedly also an al qaeda intelligence member. he has denied links to any terror groups. he contends he was detained

trying to locate senior taliban leaders. another was said to be a minor taliban official and chief of communications. finally, perhaps the most high profile of them all is said to be an early member of the taliban with direct ties to osama bin laden. the concern and worries these individuals will return to the taliban and help strengthen the group. >> they were in leadership positions. >> they were arrested very early in the war against afghanistan. maybe they lost their power or muster but others are nervous about their return. >> don't want to see that. nick valencia. thanks very much. coming up less than an hour away from the senate returning to work to stop the nsa's phone data collecting program from expiring. >> next a former director of training at the nsa what exactly is being lost.

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congress doesn't act, it could have grave consequences for the country. joining me former deputy director of training for the nsa. nice to see you. tell me what will happen when the clock strikes 3:59 today and nsa starts the process of shutting down the data collection program. >> what is going to happen is a large portion of the activities that were under section 215 of the patriot act stops. what does that mean? it means that the meta data collection process the idea of getting the phone numbers, the call duration all of those things will cease based on the section 215 rules. so that means that any type of connection any type of investigation that's going on right now with this kind of legislation or under this legislation will effectively cease. what that could mean is that investigations that are pending

right now might actually lose some of the threads they've been following. that would be probably the most serious consequence of a failure to review the patriot act at this point. >> the government won't be able to track these phone calls, certainly the duration of the phone calls or who they are calling. does that put the country in danger, do you think? >> it can. what we are looking at is what is call chaining. what that means if i called you, they would have the record of my phone number and your phone number. once they have that they know there is a connection between us. now, that connection may be a totally innocent connection. it could also point to the idea that there is something else going on there that maybe you and i are planning something that is not very good. if they figure out there is a potential that i may be doing something bad, they look at all my potential relations. that's how they look at this it's a data base that is a relational data base and

designed to make sure if there are connections then we figure out if those connections are innocent connections or there may be something more to them from law enforcement or intelligence standpoint. >> let me get your reaction to this claim by a white house official that not extending the patriot act is like playing russian roulette with national security. do you believe that? >> well to an extent i do. the reason i believe that is because in this day and age when even the smallest amount of data becomes critical to investigations it really is looking at what little piece can i find that is going to clinch your case. there is the potential that while it may not be the end all and be all as the final piece of evidence there is potential thought is. that is what we are looking for here is what is that missing link what is that missing piece? when there is a missing piece, you are looking for ways to find that. it's looking for the proverbial

need until a hay stack but looking for significant connections that are there or not there, as the case may be. >> we know the shutdown will begin 3:59. the senate doesn't come to debate this topic until a minute later at 4:00. if this shutdown begins how fast can these systems be restarted, if congress doesn't extend or does extend the patriot act? >> it depends when congress starts extending the patriot act if it did that. politically looks like it might no assume it does. what would happen then is let's say it took them two hours to get to this point. would you lose two hours of data to restart everything. it really depends, but it could take about two hours, three hours just to get things restarted. effectively, you are losing somewhere between four and five hours of data that could potentially track a terrorist. >> that is concerning to many certainly. cedric lleyton, appreciate your time today.

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>>. >> the rates of sexually transmitted diseases are going up in some states. experts think they know why. it's called tinder or craigslist or grinder. in short, social media and applications are helping people hook up in ways like never before. let's take a look at a study out of rhode island. this study shows the 1980s compared to now, syphilis up 79%, new cases of hiv up 33%. the experts asked themselves why are we seeing these big increases? we didn't see them from the 80s to the '90s. they think now we have these apps and social media websites. it's as easy as swiping right to make that love connection and hook-up with someone or someones very quickly. of course you can't blame the sites. though are not making people have promiscuous sex. there is personal responsibility here. people need to ask each other, have you been tested?

if you haven't i want you to be tested. of course, condoms should be used. in a few hours, the travel ban on five taliban militants is set to expire a year ago today, they were released from guantanamo bay in cuba in exchange for american army sergeant bo bergdahl. bergdahl has been charged with desertion. ed of lavendera has more on the controversial journey. >> reporter: the night bowe bergdahl disappears from his post he was 23 years old, his gun, bulletproof vest and night vision goggles were found in his bunk. from that moment the u.s. military would spend almost five years looking for and negotiating for bergdahl's release. >> our commanders are sparing no effort to find this young soldier. >> reporter: it's a saga that isn't isn't over for the soldier

who is now 28 years old. when bowe bergdahl disappeared, he was stationed at a u.s. military outpost in southeast afghanistan. he was supposed to be on a guard shift that night, his first deployment as a u.s. soldier and had been in afghanistan less than two months. other soldiers in his unit have described bergdahl as a deserter and traitor to his country. >> i think he just wanted to go on an adventure without having anybody to answer to without having anything to worry about. he wanted to go out and see afghanistan for himself without the army stopping him. >> reporter: bergdahl would end up in the hands of the taliban. intensive efforts to find bergdahl in the early days failed. before long bergdahl's captors would start showing off their prize capture in propaganda videos. >> this is exactly why we should

fight afghans and many people in the world. >> reporter: the u.s. government believed he was passed around between taliban captors and members of the network which would have taken him into pakistan at some point. for his mother and father these videos would be the only proof of life they would see of their son. frustrated by the slow progress in finding his son, bob bergdahl grew out a beard in solidarity of his son. he would later receive scathing criticism as a taliban sympathizer for growing the beard. >> a father does not leave his son alone on the battlefield. >> reporter: in may of last year after several years of negotiating the obama administration agreed to release five taliban prisoners held in guantanamo bay for bowe bergdahl. he was handed over to a u.s. special forces unit. one of the soldiers told bowe

bergdahl on the chopper ride out, we've been looking for you for a long time. a fascinating journey. let's dig deeper. joining me via skype bob baier. if these five militants are free to travel will they be trackable at all, if so by whom? >> no. once they leave qatar, they'll probably go to pakistan maybe the tribal areas, end up possibly in afghanistan. they won't be trackable. it's hard to bring which way they will go. will they rejoin the taliban? if he are old to go out in the field of battle. they are politically irrelevant having been in captivity so long. i don't think this is a big deal releasing these guys. it was always in the cards. all the obama administration wanted was a decent interval. it was a hostage trade or if you

like a prisoner exchange. >> if qatar refuses to keep the travel ban in place, can the u.s. do anything at all to enforce it or is it a done deal? >> qatar has very good relations with the taliban. they made their own arrangements. they have their politicals in that part of the world. it depends on the fine print on this deal. the administration would prefer they stay in qatar under house arrest. i don't think we have much control. >> in this day and age, would you think the u.s. would be able to keep an eye on them like human intelligence guys on the ground that could follow these guys around or keep an eye on the taliban militants in some way. >> unless they end up in pakistan no. not really. those tribal areas are an intelligence nightmare. we don't have people up there. it's hard to get sources. we all have to keep in mind the taliban is now negotiating with

the afghan government at the end of the day, the taliban is going to come back in some form. maybe under a different name but they are a solution to the problems in afghanistan so the situation is very much fluid at this point. >> earlier, you said they were probably not very influential, irrelevant is the word you used. general stanley mcchrystal was saying the same thing this morning on "state of the union." what makes them so irrelevant now? what's changed from what we understand at least one has reached out to the taliban. >> well the taliban is a fragmented movement. you've got moammar who disappeared and you've got the network which took bergdahl in the first place. they are much more influential. i don't see these five guys ending up with that close clan. i just think they are not that important at this point we had to get bergdahl back.

it's military policy. even deserters, you bring them back from field of battle. you don't leave people behind. it's not a bad deal. can we control the taliban or trust it? no. >> part of the obama administration's goal was to close gitmo, the military prison. these five were held there. do you think this could be the path for the rest of the detainees there? is that something we should expect? >> i think anybody who is not directly involved with terrorism, international terrorism against the united states should probably be sent elsewhere. we should close it. anybody who's got american blood on their hands should end up in a prison in this country after a trial. >> bob baer, thank you. >> thank you. this allergy season, will you be a sound sleeper, or a mouth breather. well, put on a breathe right strip and instantly open your nose up to 38% more than allergy medicines alone. so you can breathe and sleep.

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know? classical music wasn't -- isn't really something that a lot of people listen to. and i think it's quite extraordinary that a lot of black kidsz are going the classical roots. now a check of our top stories. ten people were hurt after a crane slammed into a building in new york. an air conditioning unit being lifted by the crane at an office building broke free, smashed into the building shattering several windows, sending debris falling 28 floors down to the street below. new york mayor bill de blasio says luckily, none of the ten injuries are life threatening. former house speaker dennis hastert expected to make his first court appearance this week. he will be arraigned on charges he lied to the fbi about millions of dollars he allegedly agreed to pay to an undisclosed person to cover up past misconduct reportedly, the sexual abuse of a former

student. police are investigating why troopers fatally shot a man they were trying to rescue. oklahoma highway patrol says last night two troopers were responding to a driver stranded in high water. they say a fight broke out between the troopers the driver who was armed and his brother while they were trying to get the men to safety. troopers shot and killed the man and arrested his brother. all right, let's get to a developing story in atlanta. brief but heavy downpours have hit the city. there has been some flooding and a water main break flooded a major highway through the downtown area. the national weather service has a hazardous weather outlook for the area in effect right now. let me bring in cnm meteor meteorologist tom sater. how heavy is the rain and what's the outlook? >> going to get a little bit better but everyone in atlanta wondering, oh no is this the flooding coming from the plains of oklahoma and texas? is this misery going to come here because our thoughts are still with all of them after the last couple of weeks but we show you the radar. it was isolation.

one little thunderstorm moves in it was quite strong this was a larger image, followed by a secondary one. and it was quite tropical. i was out in it myself, driving in barely made it in maybe five six inches of rain started to popped on some of the areas. i wanted to go ahead and show you first of all, get in here and closer how much fell? only an inch. surely you would think the infrastructure of our highway system can handle an inch. let me show you a tower cam picture, you get an idea on top of the cnn center here you can see the clouds rolling in. obviously, the humidity has been very high here in the georgia area and throughout the south. as i show you the next image, you notice this is before and after, the rain starts to move in you get an idea of the flood problems that occurred. many locations in the area what's called the downtown connector, pine street north avenue show you another image where 75 85 merge and obviously, you wonder wow, this is something incredible. alps of rainfall an inch. surely we can handle this. but then a report comes out a spokeswoman from the georgia

department of transportation says okay with he had a water main break. how ironic to have a deluge of rain and a water main break at the same time. now, i can show you this the good news is on a broad scale here the drying will start to take place and has been taking place in oklahoma and texas. the energy that we have found there, and maybe a good week of dry weather, will now start to ride the jet stream in toward the deep south. seeing some good news randi, good news. take a will for the waters to recede. over 147 flood stages still reporting high levels and above flood stage. they will take their time making their way downstream through other tributaries. the energy will slide to the southful rainfall now through the tennessee valleys, made its way into the northeast, a hill bit of rainfall in new york city as well. we are still into this pattern, at least it is getting better in some areas. of course you have a water main break, may have problems too. >> what are the odds of that? >> yes. >> tom sater, appreciate it thank you. come up at the top of the

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hello, everyone i'm randi kaye in for fredricka whitfield. we begin with breaking news. take a look here we have a

picture there of capitol hill where lawmakers are about to reconvene in an effort to stop portions of the patriot act from expiring at midnight tonight, but exactly one minute ago, the nsa already began dismanteling its phone data collection system. even if the senate does act, it will still take almost 24 hours and an order from the foreign intelligence surveillance court to get the systems back up and running much the fight is over three provisions the main one being section 215 which allows the government to collect information about our telephone calls. we have got team coverage here. cnn justice correspondent pamela brown is live in our d.c. bureau looking a what the this all means for our security. cnn correspondent sun lynn serfaty is live at the white house with the administration's reaction. let's start with cnn's athena jones live on capitol hill. athena walk us through these three provisions and what's at stake here. >> you mentioned the first one, the most important among them which is the data collection. section 215 of the patriot act allows the nsa to do this

massive bulk collection of all americans' phone meta data that means we are talking about phone numbers, the calls -- the caller's locations, the length of the phone calls, but not the content, they are not listening in on those calls. that's what will expire at midnight tonight or early tomorrow morning, what expires, but not just that, also roving wiretaps. at midnight, they could lose, if they don't extend this lawmaker lose the ability to track terror suspects who are frequently changing their cell phones so changing their communication device. also the lone wolf provision. that is a provision that allows the government to conduct surveillance on non-american citizens who are believed to be involved in terrorist activities but aren't linked to any specific known terror group. and of course, lone wolves, one of the fears we hear folks in the u.s. national security officials talk about a lot. those three provisions not just that one about phone data collection would expire if the senate doesn't act. >> and athena what do we expect to happen on the hill