charles in charge ♪ ♪ i want charles in charge of me ♪ >> that's it. [ applause ] >> jim any fallon. thank you so much. >> congrats on this gig. you're awesome, man. >> i'm going to end this with the immortal words, top that, anderson cooper. there you see 360. >> piers, thanks very much. a lot of important news tonight linked to pakistan and libya. all that in a moment. but we begin with a breaking story. good news. incredibly welcome thinks about congresswoman gabrielle giffords. she was discharged today from the houston hospital where she's been undergoing rehab. these pictures the most recent ones we have of her taken just before she had surgery to replace part of her skull. surgeons removed in january after she was shot in the head at point blank range. the only other image we've seen of her since this mass shooty is this grainy video taken from far away showing her boarding a

plane to see the shut el's launch in april her husband on that mission. they are both home tonight. we're told give orders is expect giffords expected to start outpatient treatment. i spoke with senior medical correspondent dr. sanjay gupta. >> the fact she's been released from the hospital and going to begin outpatient treatment soon, what does that tell you? >> reporter: it's definitely a good sign. there's no definitive milestone to say now go from inpatient rehab to outpatient rehab. practically speaking from a medical standpoint, it probably means she doesn't need acute medical care, the kind of care that a hospital provides anymore. she doesn't need 24-hour nursing supervision anymore. that's from a practical standpoint. but it's also this idea that someone is ready to graduate, to move on to things that are more easily done in the home. things that are focused on the behaviors associated with increasingly independent living. so it's not a definitive milestone, but all indicators

are that it's a pretty good thing. >> i want to put up if we can the new picture that was taken of her a couple days ago that was released. the indentation you see on the left side of her face, what is that? >> reporter: well, this is the area, anderson, where you're talking about where part of the skull, part of bone there was in fact removed. the picture that you're looking at was taken before her most recent operation was performed to put some of that bone substitute back in. so that con cavity, that's where the bone is missing. you're looking at skin. beneath that skin are going to be the outerlayers of the brain. there's nothing in between. so it would feel quite soft there. again this was done before the most recent operation. but that was done at the time, anderson. this is something that was sort of perfected on the battles. that was done at the time to relieve pressure on the brain, to give the brain a place to swell. >> so they actually just cover it back up with skin even though the bone is not there, the skull is not there. >> reporter: that's right. they cover it back up with skin. it would feel soft. and part of -- one thing it's

important to point out is that going to outpatient rehab, not having that skull there, it would be soft there. she might have to wear a helmet. it's a little bit more risky. now that she has that bone substitute back there, it makes it safer for her to transport every day. >> as far as her cognitive skills are concerned, motor skills, we saw a video of her when she went to see her husband at the shuttle launch. we saw her walking up the steps to a plane. >> reporter: what's interesting, there's been a lot of differing -- you hear different things on how she's doing cognitively. part of that might be that she is changing. her skills are improving. part of them meeting interpretation. best we can tell from hearing from her staff is that she has always been able to receive communication, understand what people are saying. it's more the ability to express herself that's been affected by this. and that's something that's typically affected with a left-sided brain injury. so speaking in no more than one or two-word sentences, more complicated sentences would be difficult.

then you also mentioned as far as walking up the stairs, you know, the right side of her bod yes, left side of the brain controls her right side of the body, it would be weaker. her movements might be in addition to being weak be less fluid so more difficult for her. those are things they're going to continue to work on as well. >> you may not know this because i'm not sure the information has been released by her doctors yet, but does that mean if she can't put -- find words for things, does she think of the words but she just can't enunciate them? or is it not just a speech issue? >> reporter: that's a very good question. in fact, probably she is able -- the words are there. she's not able to actually put them into more complicated sentences or not able to recall the exact word that she wants. >> got to be so frustrating. >> reporter: that's right. that's what people typically sense, what they convey through gestures or just acts of frustration. it's there, they just can't absolutely convey it. and also more, adding to the frustration is the fact that her ability to understand, her reception, so to speak, it seems

like it's always been intact. you'll remember, anderson, immediately after the shooting she was following commands. holding up fingers as instructed. she was always able to understand. the expressive part has been the difficulty. >> good news she's going home at least. sanjay gup far, thanks. the white house just a short time ago answering lawmakers who have been demanding president obama justify his decision to take military action in libya. some say he's failing to consult them. some are flat out accusing him of breaking the law, violating the war powers resolution which gives the president a 6 of 0 daye window to make war without congressional authorization. after that he's supposed to get congressional authorization. today a booipt a bipartisan group filed a lawsuit challenging his actions. dennis kucinich saying if president obama has an explanation he can tell us to the judge. tonight the white house sent congress a 32 paige outline of the operation and justification of why it believes it is within the law. quoting from this, the report says "the president is of the

view that current u.s. military operations in libya are consistent with war powers resolution and do not under that law require further congressional authorization because u.s. military operations are distinct from the kind of hostilities contemplated by the resolution's 60 daye termination provision". in other words they're saying it doesn't fall under the war powers resolution because american participation in the nato air strikes on libya don't really amount to a war. dan lothian is at the white house with details. also joining us is laura donahue, acting director of georgetown university national security and law and on the phone joining us legal analyst jeffrey toobin. dan what does the white house defense boil down to here? >> reporter: one word and that is hostile it is. the white house argument is that action by u.s. troops in libya is not part of any sustained fighting. there's not exchange of any gunfire with hostile forces. there are no troops on the

ground. there are no casualties and no chance of this really escalating into anything broader than that. and also the argument that u.s. is really in a supporting role here as part of the overall nato mission. so the bottom line for the white house, they believe, is that since u.s. troops do not have boots on the ground, therefore they are on pretty solid legal ground. >> then there's this bipartisan suit filed today for the courts to basically take the administration to court. there's some direct claims made in that suit that are refuted tonight by the white house. >> reporter: well, that's right. there's been a lot of criticism from up on capitol hill that the white house has not really kept them sort of up to speed, informed along the way as to the mission, the goal, how much this will cost, when the u.s. will no longer be involved in libya. and the white house went out of its way in that document to show that there has been extensive information passed along to members of congress, some of their staffers as well. over six-pages in those 32 pages of that memo or that report that was sent to congress detailing

the phone calls, the conference calls, the briefings. dozen of briefings and also status e-mails that were sent to congressional staffers. >> jeff, from a legal standpoint, i mean, who's right here? you would think on the face of it it's pretty clear you have 60 days to inform congress if the u.s. is involved in hostilities involved in a war. but as dan is saying now, they're saying the definition of hostilities is what it all hinges on. >> well, i think the answer to that question is, the courts will not answer it. in other words, the courts, when dealing with these sorts of confrontations between the executive branch and the legislative branch, they tend to say, look, you two work it out. we're not going to resolve it. congress has the ability to take away the funds, to support the libya operation. they have the ability to impeach and remove the president if they want. the judicial branch is not going to get in the business of

ordering troops in or out of of libya. so i think the answer is, we will not know defintively from the courts, at least, which side is right here. >> laura, what do you make of this. >> i think jeff's right that court isn't going to get involved certainly on precedence of rights versus standings in dellum versus bush and campbell versus clinton. >> sorry. the clinton case people had sued during the fighting in kosovo suing the clinton administration. that was thrown out because they were viewed as not having standing. >> i think the real message is what he's getting at. the courts don't want to be involved in this fight nor should they be. the real question is under the war powers resolution whether hostile it is is met by what we're doing in libya currently. the administration offered a position both in the april 1 olc memo and now most recently in this document they released today where they narrow it down to a few set of criteria as if

you would allow that enemy -- the principles behind the war powers resolution which is to ensure that when troops are under sustained fire and there's not intermitt tent but sustained fighting that president will require then some sort of acknowledgement from congress that congress will allow this action to continue. although this memo really narrows what previous administrations have said. >> so the obama administration is essentially saying, in libya you don't have u.s. boots on the ground. there's not ground troops. the libyan forces, gadhafi's forces don't have the ability to really fire back and put any u.s. pilots who may be involved in harm's way. and therefore, because the u.s. role was so limited, this is not a war that needs to be approved. >> well, they're actually saying three things. they're saying not just is there no chance of sustained fire ongoing hostile it is, almost the quagmire that became vietnam and korea, they're also saying

that casualties will not be there. the third is this is a humanitarian effort and they're not seeking regime change. while they're right to identify these as animating factors in terms of the war powers resolution generally, they certainly weren't the only factors that congress was considering at the time. and they are debatable under the circumstance if you think about the quagmire argument, if our goal is middle east stability which this document also says, and if in fact we're calling for a regime change, which we are, the fact that we are doing the regime change through political, military and freezing of financial assets of the regime while at the same time applying military pressure, this is a distinction without a difference in many ways. and in fact what is happening is they're trying to create regime change in the country. >> and jeff, certainly to those critics of the obama administration on this issue who feel they do need congressional approval, they would make the argument that this operation has already gone on longer, perhaps, than anticipated. it's far more costly than

anticipated. and really there's no end in sight. >> reporter: that's right. and they will say, this is why we need the war powers act. because when american military is involved overseas, we want to have some role for the congress. we don't want an involvement to go months, to go years, without congress getting an up or down vote on it. now, the courts, i presume, will say, well, the congress does have options. they can limit financing. and in extreme case they can impeach him. but the usual way we resolve these disputes about laws is a court decides what the word "hostility" means. but because this is a matter of separation of powers, the courts will never resolve with precision what the word "hostility" means. so these debates will continue and they will be resolved in the political sphere, not in the legal one. >> so dan, tonight really the ball is in the court of folks in congress, whether congress really wants to push this any

further. >> reporter: that's right. and it's unclear. i mean, the white house believes they have a good case here and it will sell up on capitol hill. but it's unclear whether or not that will be the case. i mean, there's still questions beyond just some of those legal questions about how long the does plans to be involved in this operation in libya, what is the overall mission? why are we there? those are still questions that some in congress, folks are still wantsing answers to and don't believe they've gotten that from the president. >> dan lothian, appreciate that and jeff toobin. you can follow me at twitter on anderson cooper. tonight we give osama bin laden and pakistan arrest. some of the people might have helped us do it. some of the informants the cia used to rent the safe house, to get information, look at the license plates coming down from the compound. they've been arrested. is that any way for an ally to act? later the prosecution rests in the casey anthony murder trial. the prosecution has rested. the defense tomorrow starts to make their case.

they made a bold move to get the case tossed out today. we'll tell you about what happened about that. also about the new witness, the unexpected witness they have now said we're going to call. nancy grace joins us for a wrap-up of the prosecution's case and what we expect from the defense in the days ahead. first we'll check in with aisa. >> reporter: you already know what john edwards looks like on the campaign trail and in the tabloids. tonight you're going to see what he looks like in a mug shot. it might just surprise you. that and more when 360 continues. back fast with tums. calcium rich tums goes to work in seconds. nothing works faster. ♪ tum tum tum tum tums two of the most important are energy security and economic growth. north america actually has one of the largest oil reserves in the world. a large part of that is oil sands. this resource has the ability to create hundreds of thousands of jobs.

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keeping them honest tonight, what do you call a country that despite raking in billions of dollars in u.s. aid cuts peace deals with u.s. armies, helps attacks against americans and negligently harbors osama bin laden and just now has arrested some of the informants who helped the cia find bin laden. >> pakistan is a friendly country. we've had friendly relations with pakistan for many, many years. >> pakistan is an important friend and ally for the united states. >> the united states does indeed consider pakistan a strategic partner and a good friend. >> clearly, pakistan is clearly a very strong ally of the united

states in this. >> we're also helping because pakistan is because our partner. >> well, pakistan has received $13 billion in military aid since the 9/11 attacks. but despite those diplomatic words, over the years the relationship has always been tense. it got worse after u.s. navy seals tracked down bin laden and tonight threatens to worsen even more. the news broke last night, "new york times" recording that pakistani authorities rounded up five cia informants, people who reportedly helped the cia by writing down the license plates of cars coming and going from bin laden's compound which by the way was just down the road from pakistan's military academy. we've since learned there are low-level sources -- the informants are very low-level sources and there's little the u.s. government can do to help them. but their arrest is telling. instead of hunting down anyone who might have helped him live there comfortably, helped the people who helped bin laden for years, pakistan seems to be hunting down the people who helped america find him. as far as taking a hard look at whether bin laden had a pakistani support network, the

pakistani government was denying it from day one. >> in your investigation have you found any evidence that bin laden had a support network here in pakistan? >> there is no such thing as all. not an i yo that of doubt. >> you categorically deny. >> no support network. >> well again, bin laden may have been living in the heart of pakistan since 2005. in addition, pakistan cut those members of the taliban who operate on the border with afghanistan, countries reportedly har borg other afghan taliban members. then the mumbai attacks three years ago which claimed six american lives. recent testimony from one of the plotters implicated the i.s.i. the pakistani intelligence service in that attack with close ties to the pakistani intelligence service. more recently, american officials have twice given islamabad intelligence about terrorist factories in pakistan. twice the bad guys were apparently tipped off. the raids yielded empty

factories and no bombmakers. back home american lawmakers are losing patience. >> how long do we support governments that lie to us? when do we say, enough is enough? secretary gates, i'll start with you. >> well, the first law i would say, 27 years in the cia and 4 1/2 years in this job, most governments lie to each other. that's the way business gets done. >> do they also arrest the people that help us? >> sometimes. >> when they say they're allies? >> sometimes. >> not often. >> and sometimes they send people to spy on us. and they're our close allies. >> and we give aid to them? >> that's the real world that we deal with. >> for more on that seemingly upside down world i spoke earlier with mark mazetti who broke the story for the "new york times." also reza saa and frank townsend

currently a member of the department of homeland security and cia external advisory committee. >> as we said before, cnn has confirmed these are low level operatives providing information on bin laden. and it seems like thes can't do much about this. is this how this kind of thing normally plays out? >> reporter: anderson, now that this has become public as we've seen from the "new york times" and the reporting that we've got, assuming they've got people in custody, this becomes a very difficult thing when it breaks publicly. we saw how difficult it was with ray davis. and he was an american. presumably these are pakistani citizens who are now in pakistani custody. and the u.s. will have precious little influence over how the pakistani government deals with their own citizens. >> mark, you broke the story late last night. pakistan's intelligence service since then has called the report "false and totally baseless" and denied that an army major had been arrested. your response.

>> it was a very carefully-worded statement. we're very confident in our report. we're going to have sort of further details in tomorrow's paper. that this major was in the medical corps, he was a doctor. so it is certainly a dicey issue right now for the pakistani military as it deals with all these other issues since the bin laden raid. >> and mark, based on your reporting, what was this army major doing for the united states? >> it's our understanding that he was helping provide surveillance on the bin laden compound, specifically taking down some license plates of cars going in and out of the compound. and it's still unclear whether all of these informants were working out of a safe house or working separately. but they were working in the weeks and months up to the raid that happened in early may. >> riza, what do you know about the identity of these informants and how do the pakistanis know that these pakistanis were even working with the cia? do we know this? >> reporter: well, pakistani security officials are not

revealing a lot of information about these arrests. that's not so unusual. obviously the isi the spy agency much of their work is done in secret. but when you talk to security officials you get the sense that they don't feel badly at all that they've made these arrests. you get the sense that they're asserting themselves, kind of taking a stand against the u.s. it's no secret that pakistan security establishment is still seething over the bin laden raid last month. and that's why this is being viewed -- these arrests are being viewed as pakistan's taking a stand, hitting back against the u.s. even if it means it's undermining its relationship with washington. >> so mark, was this roundup pakistan's way of retaliating for the bin laden raid? >> we're still trying to get more details about the motives. but certainly one would think that it's partial retaliation, certainly. arresting people who are suspected of working with the cia could be one way for the military and the isi to sort of grab the reins and try to take

greater control. >> fran, based on my understanding of u.s. intelligence, the cia routinely will employ a country's nationals in order to work on an operation, whether they do it through case officers or whether they do it through non-official cover officers. i don't understand, though, why the u.s. wouldn't have tried for protect these pakistanis by maybe getting them out of the country. were they just not high level enough? >> reporter: well, that may be, anderson. and certainly if they believe -- if the cia had believed that these people were at risk they may very well have exfiltrated them out of pakistan either in advance or at the time of the operation. but remember this thing got off to the -- we had the problem with the helicopter. there was a lot going on. so it's unclear to me whether or not the cia had the time to get these people out. >> and mark, these arrests were made a while ago. they were made right immediately

after the raid. is that correct? >> yeah, that's right. these were several weeks ago. and then there's -- i believe there's been this sort of hidden negotiation about getting these people out for several weeks. my guess is that there will be some -- as there always is -- some resolution to this. and the relationship will muddle through. but it's hard to see how it gets any worse than this. >> yeah, reza, i'm fascinated to know, in pakistan are these informants -- i don't know how big the story has played in the last 24 hours in pakistan -- but are these informants seen as enemies of pakistan for helping to bring down osama bin laden? are they seen as traitors collaborating with the u.s.? how are they viewed? >> reporter: well, we asked this very question to our sources, the pakistani security officials that we talked to. and they declined to comment. but what's certain is what mark was referring to, that this relationship right now -- and you get the sense talking to security officials -- is at an

all-time low. there's some rhetoric publicly, officially that things are going to improve. but certainly what you see on the ground doesn't square with that rhetoric. >> but in terms of publicly, reza, has this story been played in the media in pakistan in the last 24 hours or so? >> it has and it's relatively been a big story. but it's interesting. i think there's been a lot of trust. even with the public here. so oftentimes they watch the news, they don't know who to believe. they don't know what's happening with these arrests. they don't know the motivation behind these arrests of the isi. and it drives home the fact that even domestically here there's mistrust for an institution. the pakistani military, the powerful institution. there's mistrust for that. and that's been unprecedented. >> fran, though, just from an operational standpoint, it doesn't send a good message to those in the future who might be thinking about working with u.s. intelligence in a country to

hear that somebody who rented an apartment for a cia opera tifs or who was taking down license plates for folks going in and out of bin laden's compound can be arrested and nothing be done to help them. >> reporter: well, that's right, anderson. if it is true that nothing can be done to help them. i mean, let's be honest. the thing that makes this the most difficult now is not only that these are pakistani citizens but it is the fact that it's now public. this is the sort of issue best handled out of the public eye. so what you hope for is they're able to speak behind the scenes, if there are people who have cooperated and helped the u.s. government to get them out of harm's way so that that very bad message you're talking about, anderson, isn't the one that's left, in the end the thing that people realize is that we were able to get these people out. >> fran townsend, appreciate you talking tonight. mark mazetta from the new york tiemgs and reza as well. just now coming to light, the "new york times" in tomorrow's paper reporting that

pakistan's top general is fighting to save his job. the paper reporting is facing seething anger from other top commanders as well as junior officers since the raid. central to the complaints according to the times the general's perceived cozy relationship with the united states. still ahead, after more than three weeks of testimony, prosecution rests its case in the casey anthony trial. tomorrow the defense begins their turn. their defense is that she was lying for so long and hiding kaylee's death because of sexual abuse she alleges her father and brother did to her. what it will take for them to win the capital murder case? former prosecutor nancy grace joins me ahead. and one of the women congressman anthony weiner exchanged e-mails with speaking out in a press conference. she says he asked her to lie to protect him.

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a couple of other stories for us tonight with the 360 news. this bulletin. >> reporter: new york state assembly tonight approved a same sex marriage bill. the vote was 80-63. a much tougher battle is expected in the state senate who has rejected a same sex marriage bill back in 2009. congressman anthony weiner's wife has returned from an overseas work trip with her

boss. secretary of state hillary clinton. weiner has taken a temporary leave from office to seek treatment after admitting he is send nude e-mails and photos to women online and then lied about it. he's under growing pressure to resign, but has said he won't make a decision until he can talk face-to-face with his wife. meantime, gin general a former porn star who he exchanged e-mails with said the congressman asked her to lie about the communication. >> he asked me to lie about our communication. i put out a three-sentence communication saying "i didn't want to say anything further. i refused to lie, so i went silent and went into hiding. >> reporter: former senator john edwards is smiling. his hair publicly coiffed in the mug shot by u.s. marshalls but he could face years in prison if convicted of violating campaign finance laws.

edwards has pleaded not guilty to six federal felony counts. and u.s. stocks plunged today, selloffs sparked by gloomy manufacturing data and renewed fears about greece's debt problems. the dow fell 179 points, anderson. wall street's rocky ride continues. >> so if you had a mug shot -- and i'm not saying you do, but if you had a mug would you smile in said mug shot? not sure if i would or not. >> not sure that's the moment. >> i think it's a good idea he smiled because it doesn't look like a mug shot. it looks like he's taking a picture. >> will he attach it to his resume'? >> i guess if he was glum and looked like who was it nick nolte? >> he looked slightly other other worldly. >> other worldly. yes. not quite there. >> not quite there. >> all right. i don't know if you've seen tonight's shot, i enjoyed it quite a bit today. youtube video starring roles a baby and a lie -- lion es.

baby's name is trent. he's 14 months old. he's having quite a fun time with the lie on es whose name is angie. they both have different ideas in mind here. trent just sees somebody to play with. angie, the lioness i think sees dinner. i'm not entirely sure. it was shot at cheyenne mountainview in colorado springs, colorado. i think the lion is opening its mouth trying to slide -- oh. yeah. >> yeah. kind of lost in translation there. >> very cute baby. >> very cute. >> yeah. all right. i sure will check in with you a little later on. crime and punishment, prosecution resting in the casey anthony murder trial. the defense claims the state didn't do enough to prove casey killed her 2-year-old daughter kaylee and asked the judge for an aquittal. the judge's response ahead and what's coming up for the defense. we'll also talk with nancy grace about whether or not she this

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crime and punishment tonight, the prosecution rests in the casey anthony trial. tomorrow the defense begins making its case. three years ago today this video was shot of 2-year-old kaylee. the last home video of her. she's flipping through a kid's book while visiting her great grandfather at a nursing home. the defense claims one day later after that video was recorded kaylee accidentally drowned in the family's swimming pool. they say that george anthony casey's father helped cover up kaylee's death. mr. anthony already who's been on the stand denies we'll have more on that angle with nancy grace in a moment. the prosecution says that casey killed her daughter, stored her body in the trunk of her car then dumped her body in the woods near the family's home and didn't report her missing for weeks. today the defense turn to the judge for help saying the state didn't do a good job proving its case. barry tuck mann has the latest

developments. >> reporter: prosecutors have fibbished their case against casey anthony. >> the state of florida would rest. >> reporter: when that happened, attorneys threw a legal hail mary. they asked the judge to acquit casey anthony even before they called their witnesses. saying prosecutors didn't come close to proving their case. >> there is no evidence whatsoever, none, that is the causation of this child's death. >> reporter: but over 19 court days, prosecutors say there is plenty of evidence. some of it coming from the local medical examiner who had these questions. why did casey anthony not reported her daughter missing promptly? and why was the little girl's body thrown away? >> the fact that it's tossed in a field to rot in bags is a clear indication that the body was trying to be hidden. those are -- even it being put in a bag is a very big red flag for homicide. and never seen in an accidental death of a child. and that there's duct tape anywhere attached to that

child's face is to me indication of a homicide. >> reporter: the defense soldiered on, though. >> there has been in this case no evidence of premeditation. >> reporter: the prosecution again strongly disagrees, putting on the stand a software expert who examined the hard drive on casey anthony's computer. >> is that a google search? >> yes, it is. >> for? >> the words "neck breaking" with a space in between. and in a visit to wikipedia.org ending in inhalation, underscore head injury, ruptured spleen, test trau marks hand-to-hand combat, search turned up internal bleeding. >> reporter: the defense has said the terms found on the computer were research for self-defense or self-protection. whether the jury ultimately believes that or not, what was found on the computer is still evidence. the defense might not like it, but it's evidence. so the judge's decision on the

motion for acquittal was not what casey anthony wanted to hear. >> the defense's motion for judgment in aquittal as to counts one through seven are here by denied. these are strictly questions for the jury to decide. >> reporter: this case could go to the jury as early as next week. >> gary, i understand you actually kind of ran into george and cindy anthony, casey's parents today. >> reporter: right. george anlts any's been accused of all sorts of oeshl things by casey anthony's attorneys. there's no proof anderson whatsoever any of these things. they support their daughter. they looked so sad when they came out of the court today. and i said to them they were standing together. i said to them, i'm so sorry for what you're going through. can't imagine what you're going through. cindy anthony looked at me and said thampk you very much. then i went on the elevator with them. when we within the on the elevator they hugged each other. she put her head in his chest. and they both started crying.

and they cried for the entire 23-floor ride down. >> goodness. yeah. hard to imagine. gary, appreciate it. let's get a more inside look at what cold happen tomorrow when the defense gets its turn in this case. first i want to warn you you might find some discussion of this very graphic. earlier i spoke with nancy grace of hln. >> so nancy, after three weeks of testimony the prosecution has rested their case. what do you think has been their strongest, most compelling evidence? >> reporter: well, you know what, anderson? i think it's going to be just like the 12 jurors. it depends -- beauty is in the eye of the beholder, anderson. i think very, very persuasive evidence was put forth at the very beginning with the so-called behavioral evidence of to the tot mom the way she partied into the night, went out using somebody else's checks and bought booze and push-up bras, never mentioned kaylee, slung up at her boyfriend's house. the whole day after kaylee goes missing never leaving the

bedroom? that behavioral evidence made a very strong first impression. but i as the former prosecutor find the most persuasive evidence to be the forensic evidence. the evidence that there was chloroform in that trunk. that the air samples showed human decomposition very, very powerful. and heart-breaking evidence at the crime scene itself of the winnie the pooh paraphernalia now soiled and ruined, her little clothes in tatters, and the condition of her body. there's no other way to put it, anderson. her bones were naued on and strewn by wild animals. the way that they were placed there initially suggests that someone within that home did the deed. >> the defense, though -- and they said this in court today, i want to read this -- they said "there has been in this case no evidence of premeditation. there's a stacking of inferences, a stacking of

speculation but no evidence". that essentially there's circumstantial evidence but they don't have a motive, they don't have an actual cause of death. and they don't have definitive proof. >> reporter: you know what, anderson? if i had a dime -- no. a nickel. for every time i heard that argument at the end of the state's case, i would be a multi, multimillionaire right now. this is a circumstantial case. that's nothing to be ashamed of. most cases are circumstantial. direct evidence is really based on eye-witness testimony, typically. and we don't have that. usually murderers and child molestations and rapes and other felonies don't happen with an audience. you very often don't have an eyewitness to the crime. hence, circumstantial evidence. and the judge will instruct this jury, anderson, that circumstantial evidence is to be deemed of equal weight as direct evidence. this was a typical move, standard operating procedure. the defense has to make a motion

for directed verdict, a motion for aquittal at the end of the state's case. that's what they did. it was denied. next. >> they've also put in basically a surprise witness. what do we know about him? it does seem to suggest that they are building a case basically or suggesting a case against george anthony. >> reporter: well, anderson, maybe you should have been a lawyer in another life. that's exactly what they're doing. the surprise witness in fact it is a surprise. they've just added him as you said. he is a convicted felon. he's had quite a few tours of the inside of the correctional institute for a host of hard-core crimes. and they are saying that on george anthony's cell phone that there are repeated four to five phone call to this convicted felon. now, i've personally spoken to george anthony's lawyer, mark lit mann, who says george does not remember making these calls. we don't know who he is or what it's about. but you're right. this is an effort to frame george anthony. they're going to bring on what i believe to be the following. a so-called other woman that

once claimed she had an affair with george. says he told her kaylee's death was an accident that snowballed. we're going to bring on the protestor out in george anthony's front yard, pushed her back off of his yard to say he's got a hair trigger temper. they're going to bring evidence of his alleged suicide attempt when he was distraught over kaylee's death. and they're going to bring on this convicted felon. what's he going to say in anybody's guess. maybe he wanted me to hide the body. he wanted me to do the deed. we don't know what this felon is going to say. but i would not give it a lot of weight. >> do they have to come up with some sort of evidence to build their case that there was sexual abuse by george anthony? these are the allegations that casey was the victim of sexual abuse for years from her father. >> reporter: you see, that's the problem, anderson. because in our country under our jurisprudence model, the defendant casey anthony, tot mom, has no burden whatsoever. she even at this moment is inis

innocent, it's the state's burden to prove she's guilty. but in their opening statement, the defense took on the burden by these wild allegations that george, father george, and brother lee, both sexually molested her that caused her behavior following kaylee's death. now, they've taken on a practical burden, not a legal burden, a practical burden to prove that to the jury. the only way i can think of for them to prove that if they still want to is by putting tot mom on the stand, anderson. >> putting her on the stand, though, that just seems like given the clear trail of lies she has told, all of that will come back up. >> reporter: anderson, you're right. they've painted themselves into a corner. it's crazy. it flies in the face of conventional legal wisdom to place your client on the stand, especially an admitted liar who -- i heard it myself -- she says, omg, i'm such a great

liar. that came out in front of the jury. they've seen reams of videotapes of her lying like no other liar i've ever seen. so how will they believe her? but that's the only way they can deliver on promises they made in opening statements. >> nancy grace, thank you very much. appreciate it, nancy. well, still ahead tonight, breaking news, a major milestone, congresswoman gabrielle giffords's recovery. we'll talk to 360 m.d. sanjay gupta about that. next 85 million reasons why the new owner of the megamansion is on tonight's ridiculist. a lot of times, things are right underneath our feet,

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for a 30-tablet free trial offer, go to cialis.com. time now for the ridiculist. tonight we're adding a british woman named petra ecclestone. she's on the ridiculist tonight because she's 22 years old and reportedly just plunked down $85 million for a house. take that, pin ma middleton. the house is this los angeles mansion owned by candy spelling widow of aaron spelling responsible for such hits as "charlie's angels "and "beverly hills 90210."

>> donna, you're drunk. do you have any idea what this means? >> yeah. i've had too much to drink. >> oh, donna. anyway, it's the end of an era at the spelling estate. to be fair the buyer got a bargain considering the home was listed for $150 million. i know we're talking ryan seacrest money there, people. from what i read, it's actually her second home. she already has a big house in london. i guess my question tonight is, why does a 22-year-old need a $56,000 square foot mansion complete with about 100 rooms including one used just for gift wrapping? i'm sure wolf blitzer's house has a room just filled with beard trimmings. but wolf isn't 22. he's earned it. 22 years old you should be struggling to figure out what you want to achieve in your life. you should be living in a starter apartment eating ramen noodles, working hard making a name for yourself. she's heiress to a multibillion

fortune so clearly she can buy what she wants. to but why buy a house already steeped in somebody else's hollywood legend? i'm talking about the real legend not jersey shore legend. does she appreciate just where her new dwelling is and the history that comes with it? aaron spelling, after all, came up with some of the greatest dramas of our time. [ screaming ] >> crystal. not to mention the guest stars he booked on shows like "mel rose place" and "love boat". big stars. people i can't even get to return my calls. >> yeah. my mom was on "love boat". i know. you think it's embarrassing for me now? imagine how it felt when ways 12 years old. called in sick for a week.

anyway, you can imagine my concern the spelling home with its koi pond and barbershop wasn't even her first choice. she reportedly only bought it after her bid for another mansion down the street fell through. i'm sorry. but how insulting is it that the spelling estate was her second choice? if only luke perry's sideburns would never have stood for this. that would have been funny if i hadn't blown that line. anyway, all i can say is i hope you enjoy your new mansion. $85 million buys you one heck of a property with an adjacent lot on the ridiculist. we'll be right back.

-- captions by vitac -- www.vitac.com >> we begin with a breaking story. good news. incredibly welcome news about congresswoman gabrielle giffords. she was discharged today from the houston hospital where she's been undergoing rehab. these pictures the most recent ones we have of her taken just before she had surgery to remove part of her skull. surgeons removed in january after she was shot in the head at point blank range. the only other image we've seen of her since that mass shooting is this grainy video taken from far away showing her boarding a plane on her way to see the shuttle's launch back in april, her husband obviously commanded that mission.

they are both home tonight. we're told giffords is expected to start outpatient rehab sometime soon. a major milestone for her. i talked a few moments ago with cnn medical correspondent dr. sanjay gupta. >> sanjay, the fact she's been released from the hospital and is going to begin outpatient soon, what does that tell you about the progress of her recovery? >> reporter: i think it's definitely a good sign. there's no definitive milestone to say absolutely now go from in patient rehab to outpatient rehab. practically speaking from a medical standpoint it probably means she doesn't need acute medical care, the kind of care that a hospital provides anymore. doesn't need 24-hour nursing supervision. but also this idea that someone is ready to graduate, to move on to things that are more easily done in the home. things that are focused on the behavior that's associated with increasingly independent living. so it's not a definitive milestone, but ail indicators are that it's a pretty good thing. >> i want to put up if we can

the new picture that was taken of her a couple days ago that was released. the indentation you see on the left side of her face, what is that? >> this is the area where you're talking about where part of the skull, part of the bone there was in fact removed. the picture that you're looking at was taken before her most recent operation was performed to put some of that bone substitute back in. so that concavity is where the bone is missing. you're looking at skin. beneath that skin are going to be the outer layers of the brain. there's nothing in between so it would feel quite soft there. this was done before the most recent operation but that was done at the time, and this was something that was sort of perfected on the battle fields, that was done at the time to relieve pressure on the brain, to give the brain a place to swell. >> so they actually just cover it back up with skin even though the bone is not there, the skull is not there. >> that's right. they just cover it back up with skin. it would feel soft. part of -- one thing it's important to point out is that going to outpatient rehab, not

having that skull there, it would be soft there. she might have to wear a helmet. it's a little bit morris kichlt now that she has that bone substitute back there it makes it safer for her to transport every day. >> as far as her cognitive skills, motor skills, do we have any idea? we saw her walking up the steps to a plane. >> what's interesting, there's been a lot of differing -- you hear different things on how she's doing cognitively. part of that might be that she is changing. her skills are improving. and part of it might be interpretation. best we can tell from hearing from her staff is that she has always been able to receive communication, understand what people are saying. it's more the ability to express herself that's been affected by this. and it's something that's typically affected by a left-sided brain injury. so speak in no more than one or two-word sentences. more complicated sentences would be difficult. you mentioned are fast as walking up the stairs, the right

side of her body -- it would be weaker. her movements might be in addition to being weak be less fluid so it would be more difficult for her. so those are things we're going to continue to work on as well. >> you may not know this because i'm not sure the information has been released by her doctors yet, but does that mean -- if she can't find words for things, does she think of the words but she just can't enunciate them? or is it not just a speech issue? >> no. that's a very good question. in fact, probably she is able -- the words are there. she's not able to actually put them into more complex complicated sentences or not able to recall the exact word that she wants. >> got to be so frustrating. >> that's right. and that's what people typically sense and what they convey through gestures or just acts of frustration. it's there. they just can't absolutely convey it. and also, adding to the frustration is the fact that her ability to understand, her reception, so to speak, it seems like it's always there. immediately after the shooting

she was following commands, holding up fingers as instructed. she was always able to understand. this expressive part has been the difficulty. >> fascinating. good news that she's progressin progressing. some say the president is failing to consult them on libya. some are accusing him of breaking the law, violating the war powers resolution which gives the president a 60-day window to make war without congressional authorization. after that he's supposed to get congressional authorization. today a bipartisan group of legislators actually filed a lawsuit challenging his actions. dennis kucinich a fellow democrat saying that president obama has an explanation he can tell it to the judge. tonight the white house sent congress a 32-page outline of the operation and justification of why it believes it is within the law. quoting from this, the report says "the president it of the view that current u.s. military operations in libya are

consistent with war powers resolution and do not under that law require further congressional authorization because u.s. military operations are distinct from the kind of hostilities contemplated by the resolution's 60-day termination provision". in other words they're saying it doesn't fall under the war powers resolution because american participation in the nato air strikes on libya don't really amount to a war. dan lothian's at the white house with late details. we also wanted to talk to a legal expert. also joining us is laura donahue, acting director of georgetown university security law. and jeffrey toobin. what d's the white house defense boil down to here. >> reporter: it boils to one word, hostile it is. the white house argument is that action by u.s. troops in libya is not part of any sustained fighting. there's not exchange of any gunfire with hostile forces. there are no troops on the ground. that they're there are no casualties and no chance of this

really escalating into anything broader than that. and also the argument that u.s. is really in a supporting role here as part of the overall nato mission. so the bottom line for the white house they believe is that since u.s. troops do not have boots on the ground, therefore they are on pretty solid legal ground. >> then there's this bipartisan suit filed today to the courts to basically take the administration to court. there are some direct claims made in that suit that are refuted tonight by the white house. >> reporter: well, that's right. there's been a lot of criticism from up on capitol hill that the white house has not really kept them sort of up to speed, informed along the way as to the mission, the goal, how much this will cost, when the u.s. will no longer be involved in libya. and the white house went out of its way in that document to show that there has been extensive information passed along to members of congress, some of their staffs as well. over six-pages in those 32 pages of that memo or that report that was sent to congress detailing the phone calls, the conference calls, the briefings, dozens of

briefings, and also status e-mail that is were sent to congressional staffers. >> jeff, from a legal standpoint, i mean, who's right here? because you would think on the face of it it's pretty clear. you have 60 days to inform congress if the country is involved in a hostilities, involved in a war. as dan is saying now, they're saying the definition of hostilities is what it all hinges on. >> reporter: i think the answer to that question is, the courts will not answer it. in other words, the courts, when dealing with these sorts of confrontations between the executive branch and the legislative branch, they tend to say, look, you two work it out. we are not going to resolve it. congress has the ability to take away the funds, to support the libya operation, they have the the ability to impeach and remove the president if they want. the judicial branch is not going to get in the business of ordering troops in or out of libya, so i think the answer is we will not know definitively

from the courts at least which side is right here. >> laura, what do you make of this? >> well, i think jeff's right, that the courts aren't going to get involved. certainly precedent was decided on grounds of rightness and standing in dellum versus bush and later in campbell versus clinton. the real question here -- >> sorry. the clinton case people had sued during the fighting in kosovo, suing the clinton administration and essentially that was thrown out because it was viewed they didn't have standing. >> they disputed standing in that case. i think the real message is exactly what he's getting at which is the courts don't want to be involved in this fight nor should they be. the real question is under the war powers resolution whether hostilities, the definition of hostilities in section 4 a 1 actually is met by what we're doing in lib ca currently. and the administration offered a position both in the april 1 olc memo and now most recently in this document that they released today where they narrow it down to a few set of criteria as if you would allow that animating

principles behind the war powers resolution which is to ensure that when troops are under sustained fire and there's not intermittent but sustained fighting that president will require then some sort of acknowledgement from congress that congress will allow this action to continue. although this memo is really narrows what previous administrations have said. >> so the obama administration is essentially saying, well look in libya you don't have u.s. boots on the ground, there's not ground troops. the libyan forces, gadhafi's forces don't have the ability to really fire back and put any u.s. pilots who may be involved in harm's way. and therefore, because the u.s. role was so limited, this is not a war that needs to be approved. >> well, they're actually saying three things. they're saying not just is there no chance of sustained fire ongoing, it's almost the quagmire that became vietnam and korea. they're also saying the cash w589s will not be there. the third is this is a human

quarter tan -- humanitarian effort and they're not seeking regime change. while the right to identify these as animating factors in terms of the war powers resolution generally they weren't the only factors congress was considering at the time and they are debatable under the circumstance. if you think about the quagmire argument, if our goal is middle east stability which this document also says, and if in fact we're calling for regime change, which we are, the fact that we are doing the regime change through political, military and freezing of financial assets of the regime while at the same time applying military pressure, this is a distinction without a difference in many ways. and in fact what is happening is they're trying to create regime change in the country. >> and jeff, certainly to those critics of the obama administration on this issue who feel they do need congressional approval, they would make the argument that this operation has already gone on longer, perhaps, than anticipated. it's far more costly than anticipated. and really there's no end in sight. >> reporter: that's right.

and they will say, this is why we have a war powers act. because when american military is involved overseas, we want to have some role for the congress. we don't want an involvement to go months, to go years, without congress getting an up or down vote on it. now, the courts, i presume, will say, well, you have -- the congress does have options. they can limit financing. and in an extreme case they can impeach him. but the usual way we resolve these disputes about laws is a court decides what the word "hostility" means. but because this ace matter of separation of powers, the courts will never resolve with precision what the word "hostility" means, so these debates will continue and they will be resolved in the political sphere, not in the legal one. >> and so dan, tonight really the ball is in the court of folks in congress whether congress really wants to push this any further. >> reporter: that's right. and it's unclear. i mean, the white house believes they have a good case here and

that it will sell up on capitol hill. but it's unclear whether or not that will be the case. i mean, there's still questions beyond just some of those legal questions about how long does u.s. plan to be involved in this operation in libya, what is the overall mission? why are we there? those are still questions that some congress folks are still wanting answers to and don't believe they've gotten that yet from the president. >> dan lothian, appreciate the reporting. jeff toobin as well, professor thanks for being on the program. we're on facebook you can follow me @ anderson cooper. you probably heard about this some of the informants the cia used to rent the safe house to get information, look at the license plates coming and going from the compound. they've been arrested. is that any way for an ally to act? later the prosecution rests in the casey anthony murder trial. the prosecution has rested. the defense tomorrow starts to make their case. they made a bold move to get the case tossed out today. we'll tell you what happened

about that. also about the new witness, the unexpected witness they have now said going to call. nancy grace joins us for a wrap-up of the prosecution's case and what to expect from the defense in the days ahead. first let's check in with isha sesay. >> you already know what form senator and presidential candidate john edwards looks like on the campaign trail and in the tabloids, tonight, though, you're going to see what he looks like in a mug shot. and it might just surprise you. that and more when 360 continues. iversity of phoenix made it doable. a lot of my instructors were principals in my district. i wouldn't be where i am without that degree. my name is dr. carrie buck. i helped turn an at risk school into an award winning school, and i am a phoenix. [ male announcer ] find your program at phoenix.edu. at 190 miles per hour, the wind will literally lift ordinary windshield wipers off the glass.

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what do you call a country that despite raking in billions of dollars in u.s. aid cuts peace deals p terrorist armies, knowing or negligently harbors bin laden bauds and just now has arrested some of the very informant who helped the cia find bin laden? >> pakistan is a friendly country. we've had friendly relations with pakistan for many, many years. >> pakistan is an important friend and ally for the united states. >> the united states does indeed consider pakistan a strategic partner and a good friend. >> clearly, pakistan is clearly a very strong ally of the united states in this. >> we're also hoping because pakistan is a partner. >> pakistan has received $13

billion in military aid since the 9/11 attacks. but despite those diplomatic words, over the years the relationship has always been tense. it got worse after u.s. navy seals tracked down bin laden and tonight threatens to worsen even more. the news broke late last night, "new york times" reporting that the pakistani army rounded up cia informants, who helped the cia by writing down the license plates of cars coming and going from bin laden's compound which by the way was just down the road from pakistan's military academy. we've since learned -- the people have been arrested. the informants are very low-level sources and there's little the u.s. government can do to help them. instead of hunting down anyone who might have helped him live there comfortably, hunt down the people who helped bin laden for years, pakistan seems to be in this case hunting down the people who helped america find him. as far as taking a hard look at whether bin laden had a pakistani support network, the government was denying it almost from day one before doing any

serious inquire at all. >> in your investigation have you found any evidence that bin laden had a support network here in pakistan? >> there is no such thing at all. not even an iota of doubt. >> so you categorically deny that he had a support network here? >> no support network. >> well again, bin laden may have been living in the heart of pakistan since 2005. in addition, pakistan cut deals with members of the pakistani taliban who operate on the border with afghanistan. countries reportedly harboring other afghan taliban members. and then there are the mumbai attacks three years ago. recent testimony from one of the plotters. a pakistani american implicated the isi in that attack which was carried out by a terrorist group with close ties to, guess, who the pakistani intelligence service. more recently american officials have twice given islamabad intelligence about terrorist bomb factories in pakistan. twice the bad guys were apparently tipped off. the raids yielded empty factories and no bombmakers.

back home american lawmakers are losing patience. >> how long do we support governments that lie to us? when do we say, enough is enough? secretary gates? i'll start with you. >> well, first of all i would say based on 27 years in the cia and 4 1/2 years in this job, most governments lie to each other. that's the way business gets done. >> do they also arrest the people that help us? >> sometimes. >> when they say they're allies? >> sometimes. >> not often. >> and sometimes they send people to spy on us. and our close allies. >> and we give aid to them. >> that's the real world that we deal with. >> for more on that seemingly upside down world i spoke earlier with mark mazetti who broke the story for the no, times and -- for the "new york times" and reza saya and fran townsend former bush homeland security advisor and currently a member of the department of

hemland security external advisory committee. >> fran as we said before cnn has confirmed these were low-level operatives providing information on bin laden. and it seems like the u.s. can't do much about this. is this how this sort of thing normally plays out? >> reporter: anderson, now that this has become public as we've seen from the "new york times" and the report -- an american presumably these are pakistani citizens who are now in pakistani custody. and the u.s. will have precious little influence over how the pakistani government deals with their own citizens. >> mark, you broke the story late last night. pakistan's intelligence service since then has called the report "false and totally baseless" and denied that an army major had been arrested. your response. >> it was very carefully-worded statement. we're very confident in our report. we're going to have sort of further details in tomorrow's

paper that this major was in the medical corps, he was a doctor. it is certainly a dicey issue right now for the pakistani military as it deals with all these other issues since the bin laden raid. >> and mark, based on your reporting, what was this army major doing for the united states? >> it's our understanding that he was helping provide surveillance on the bin laden compound, specifically taking down some license plates of cars going in and out of the compound. and it's still unclear whether all of these informants were working out of a safe house or working separately. but they were working in the weeks and months up to the raid that happened in early may. >> reza, what do you know about the identity of these informants and how do the pakistanis know that these pakistanis were even working with the cia? do we know this? >> reporter: well, pakistani security officials are not revealing a lot of information about these arrests. that is not so unusual.

obviously the isi, spy agency, much of their work is done in secret. but when you talk to security officials you get the sense that they don't feel badly at all that they've made these arrests. you get the sense that they're asserting themselves, kind of taking a stand against the u.s. it's no secret that pakistan security establishment is still seething over the bin laden raid last month. and that's why this is being viewed -- these arrests are being viewed as pakistan's taking a stand, hitting back against the u.s., even if it means it's undermining its relationship with washington. >> so mark, was this roundup pakistan's way of retaliating for the bin laden raid? >> we're still trying to get more details about the motives. but it's certainly one would think that it's partial retaliation, certainly. arresting people who are suspected of working with the cia between the military and the isi to sort of grab the reins and try to take greater control. >> fran, the cia routinely will

employ a country's nationals in order to work on an operation, whether they do it through case officers or whether they do it through non-official cover officers. i don't understand, though, why the u.s. wouldn't have tried to protect these pakistanis by maybe getting them out of the country. were they just not high-level enough. >> reporter: well, that may be, anderson. certainly if the cia had believed that these people were at risk, they may very well have exfiltrated them out of pakistan either in advance or at the time of the operation. but remember we had the problem with the helicopter. there were a lot -- there was a lot going on. so it's unclear to me whether or not the cia had the time to get these people out. >> and mark, these arrests were made awhile ago. they were made right immediately after the -- after the raid, is that correct? >> yeah. these were several weeks ago.

and then there's -- i believe there's been this sort of hidden negotiation about getting these people out. for several weeks. my guess is that there will be some, as there always is, some resolution to this. and the relationship will muddle through. but it's hard to see how it gets any worse than this. >> yeah, reza, i'm fascinated to know in pakistan are these informants -- i don't know how big the story has played in the last 24 hours in pakistan -- but are these informants seen as enemies of pakistan for helping to bring down bin laden? are they seen as traitors for collaborating? how are they viewed? >> well, we asked this very question to our sources, the pakistani security officials that we talked to. and they declined to comment. but what's certain is what mark was referring to, that this relationship right now -- and you get the sense talking to security officials -- is at an all-time low. there's some rhetoric publicly officially that things are going to improve, but certainly what

you see on the ground doesn't square with that rhetoric. >> but in terms of publicly, reza, has this story been played in the media in pakistan in the last 24 hours or so? >> reporter: it has and it's relatively been a big story. but it's interesting. i think there's been a loss of trust. even with the public here. so oftentimes they watch the news. and they don't know who to believe. they don't know what's happening with these arrests. they don't know the motivation behind these arrests of the isi. and it drives home the fact that even domestically here there's mistrust for an institution. the pakistani military, the powerful institution. there's mistrust for that. and that's been unprecedented. >> fran, though, just from an operational standpoint, it doesn't send a good message to those in the future who might be thinking about working with u.s. intelligence in a country to hear that somebody who rented an apartment for a cia operatives

or who was taking down license plates for folks going in and out of bin laden's compound can be arrested and nothing be done to help them. >> reporter: well, that's right, anderson. if it is true that nothing can be done to help them. let's be honest. the thing that makes this the most difficult now is not only that these are pakistani citizens but the fact that it is now public. this is the sort of issue that is best handled out of the public eye. and so what you hope for is they're able to speak behind the scenes -- if there are people who cooperated and helped the u.s. government to get them out of hams way so that very bad message you're talking about isn't the one that's left, in the end the thing that people realize is that we were able to get these people out. >> fran townsend, appreciate you talking tonight. mark mazetta from the "new york times," thanks so much and reza say yeah thanks so much. just now coming to light the "new york times" in tomorrow's paper reporting that pakistan's top general is fighting to save his job. the paper reporting he's facing

seething anger from other top commanders as well as junior officers since the raid. central to the complaints according to the times the general's perceived cozy relationship with the united states. after more than three weeks of testimony, the prosecution rests its case in the casey anthony trial. tomorrow the defense begins their turn. will they put casey anthony on the stand? do they have to do that in order to explain their defense which is that she was lying for so long and hiding kaylee's death because of sexual abuse she alleges her father and brother did to her. what will it take for them to win the capital murder case? former prosecutor nancy grace joins me ahead. and one of the women congressmananty weiner exchanged e-mails with speaking out in a press conference. that's next. that's why i like glucerna shakes. they have slowly digestible carbs to help minimize blood sugar spikes, which can help lower a1c.

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other stories for us tonight in the 360 bulletin. >> new york state assembly tonight approved a same sex marriage. the vote was 80-63. a much tougher battle is expected in the state senate with rejected a same-sex marriage bill back in 2009. congressman anthony wiener's wife has returned from an overseas work trip with her boss. secretary of state hillary clinton. weiner has taken a temporary leave from office to seek treatment after admitting he sent nude e-mails and photos to women online and then lied about it. he's under growing pressure to resign, but has said he won't make a decision until he can

talk face-to-face with his wife. meantime, gingerly a former porn star who weiner exchanged e-mails with said today the congressman asked her to lie about the communication. >> he asked me to lie about our communication. i put out a three-sentence communication that he told me to say. i didn't want to say anything further. i refused to lie, so i went silent and went into hiding. >> former senator john edwards is mile smiling. his hair publicly coiffed in the photo by u.s. marshalls. he could face years in prison if in violation of -- violating campaign laws. edwards has pleaded not guilty to six several felly counts. u.s. stocks plunged today after gloomy manufacturing data and fears about gross's debt problems. the dow fell 179 points. anderson, wall street's rocky ride continues.

>> so if you had a mug shot -- and i'm not saying you do but if you had a mug shot would you smile in said mug shot in not sure if i would or not. >> not sure that's the moment. >> i think it's a good idea he smiled because it doesn't look like a mug shot. like he's taking a picture. >> going to attach it to his resume'? >> i guess if he was glum and looked like nick nolte. >> he didn't look glum he looked slightly other worldly. >> other worldly, yes. not quite there. up next, something a lot more serious, crime and punishment. the prosecution resting in the casey anthony murder trial. the defense claims the state didn't do enough to prove casey killed her 2-year-old daughter kaylee and asked the judge for an aquittal. the judge's response ahead and we'll talk with nancy grace about whether or not she thinks casey anthony will actually have to take the stand. hear why she says casey's dad will likely be targeted by the defense coming up.

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crime and punishment tonight, the prosecution rests in the casey anthony trial. tomorrow the defense begins making its case. three years ago today this video was shot of 2-year-old kaylee, the last home video of her, tliping through a kid's book while visiting her great grandfather at a nursing home. the defense claims one day later after that video was recorded kaylee accidentally drowned in the family's swimming pool. that's the defense argument. they say that george anthony casey's father covered up kaylee's death. mr. anthony already who's been on the stand denies that. he's sure to be a target of the defense in the days to comment we'll have more on that angle in just a moment. the prosecution says that casey killed her daughter, stored her body in the trunk of her car then dumped her body in the woods near the family's home and didn't report her missing for weeks. today the defense turned to the judge for help saying the state didn't do a good job proving its case. gary tuchman. >> reporter: prosecutors have finished their case against casey anthony. >> your honorer, at this point

the state of florida would rest. >> reporter: when that happened defense attorneys began the process of throwing a legal hail mary. they asked the judge to acquit casey anthony, even before they called their witnesses, saying prosecutors didn't come close to proving their case. >> there is no evidence whatsoever, none, that the causation of this child's death. >> reporter: but over 19 court days, prosecutors say there is plenty of evidence, some of it coming from the local medical examiner who had these questions. why did casey anthony not report her daughter missing promptly? and why was the little girl's body thrown away? >> the fact that it's tossed in a field to rot in bags is a clear indication that body was trying to be hidden. those are -- even it being put in a bag is a very big red flag for homicide and never seen in an accidental death of a child. and the fact that there's duct tape anywhere attached to that child's face is to me indication

of a homicide. >> reporter: the defense soldiered on, though. >> there has been in this case no evidence of premeditation rrveghts the prosecution again strongly disagrees, putting on the stand a software expert who examined the hard drive on casey anthony's computer. >> is that a google search? >> yes, it is. >> for? >> the words "neck breaking" with a space in between. and in a visit to wikipedia.org ending in "inhalation head underscore injury, ruptured spleen, chest trauma, hand-to-hand combat, search turned up internal bleeding. >> reporter: the defense has said the terms found on the computer were research for self-defense and self-protection. whether the jury ultimately believes that or not, what was found on the computer is still evidence. the defense might not like it but it's evidence. so the judge's decision on the motion for aquittal was not what casey anthony wanted to hear.

>> the defense ace motion on the judgment of aquittal as to counts one through seven are here by denied. these are strictly questions for the jury to decide. >> reporter: this case could go to the jury as early as next week. >> for a more inside look at what could happen tomorrow when the defense gets its turn in this case. you might find some of this discussion very graphic. if your kids are in the room you might not want them to hear this. earlier i spoke with nancy grace of hln. nan circumstances after three weeks of testimony the prosecution has rested their case. what do you think has been their strongest, most compelling evidence? >> reporter: well, you know what, anderson? i think it's going to be just like the 12 jurors. it depends -- beauty is in the eye of the beholder, anderson. i think that very persuasive evidence was put forth at the very beginning, the so-called behavioral evidence of tot mom the way she partied into the

night, went out using somebody else's checks and bought booze and push-up bras, never mentioned kaylee, slung up at her boyfriend's house the whole day after kaylee goes missing never leaving the bedroom? that behavioral evidence made a very strong first impression. but i as a former prosecutor find the most persuasive evidence to be the forensic evidence. the evidence that there was chloroform in that trunk, that the air samples showed human decomposition. very, very powerful. and heart-breaking evidence at the crime scene itself. the winnie the pooh paraphernalia that cindy anthony had bought her granddaughter now soiled and rue end, her little clothes in tatters and the condition of her body. there's no other way to put it, anderson. her bones were gnawed on and strewn by wild animals. the way that they were placed there initially suggests that

someone within that home did the deed. >> the defense, though -- and they said this in court today, i want to read this -- they said there has been in this case no evidence of premeditation. there's a stacking of inferences, a stacking of speculation but no evidence. that essentially there's circumstantial evidence but they don't have a motive, they don't have an actual cause of death. and they don't have definitive proof. >> reporter: you know what, anderson? if i had a dime -- no, a nickel -- for every time i heard that argument at the end of the state's case i would be a multi, multimillionaire right now. this is a circumstantial case. that's nothing to be ashamed of. most cases are circumstantial. direct evidence is really based on eye-witness testimony, typically. and we don't have that. usually murderers and child molestations and rapes and other felonies don't happen with an audience. you very often don't have an eyewitness to the crime. hence, circumstantial evidence. and the judge will instruct this

jury, anderson, that circumstantial evidence is to be deemed of equal weight as direct evidence. this was a typical move, standard operating procedure. the defense has to make a motion for directed verdict, a motion for aquittal at the end of the state's case. that's what they did. it was denied. next. >> they've also now put in basically a surprise witness. what do we know about him? it does seem to suggest that they are building a case basically or suggest iing -- >> reporter: in fact it is a surprise. they've just added him as you said. he is a convicted felon. he's had quite a few tours of the inside of the correctional institute for a host of hard core crimes. and they are saying that on george anthony's cell phone that there are repeated four to five phone calls to this convicted felon. now, i've personally spoken to george anthony's lawyer, mark

litman, who says george does not remember making these calls. we don't know who he is or what it's about. but you're right. this is an effort to frame george anthony. they're going to bring on what i believe to be the following. a so-called other woman that once claimed she had an affair with george, says he told her kaylee's death was an accident that snowballed. we're going to bring on the protestor out in george anthony's front yard,.ed her back off of his yard to say he's got a hair trigger temper. going to bring in his alleged suicide attempt when he was distraught over kaylee's death. and they're going to bring on this convicted felon. what's he going to say in anybody's guess. maybe he wanted me to hide the body, he wanted me to do the deed. we don't know what this felon is going to say. but i would not give it a lot of weight. >> do they have to come up with some sort of evidence to build their case that there was sexual abuse by george anthony? these are the allegations that casey was the victim of sexual abuse for years from her father.

>> reporter: you see, that's the problem, anderson. because in our country under our jurisprudence model, the defendant casey anthony tot mom has no burden whatsoever. she even at this moment is innocent, is presumed innocent. it's the state's burden to prove she's guilty. but in their opening statement, the defense took on the burden by these wild allegations that george, father george, and brother lee, both sexually molested her that caused her behavior before kaylee's death. now, they've taken on a practical burden, not a legal burden, a practical burden to prove that to the jury. the only way i can think of for them to prove that if they still want to is by putting tot mom on the stand, anderson. >> putting her on the stand, though, that just seems like a -- given the clear trail of lies she has told, all of that will come back up. >> anderson, you're right. they've painted themselves into

a corner. it's crazy. it flies in the face of conventional legal wisdom to place your client on the stand, especially an admitted liar who i heard it myself, she says," omg, i'm such a great liar." that came out in front of the jury. they've seen reams of videotapes of her lying like no other liar i've ever seen. so how will they believe her? but that's the only way they can deliver on promises they made in opening statements. >> nancy grace, thank you very much. still ahead, could body scanners like this one revolutionize the way we shop for clothes? that's next in the connection. in the united states." so, we thought we'd take a little time to celebrate. ♪ all right, then, back to work helping clients. individual attention from our highly-trained mortgage professionals. one more way quicken loans

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you never know like how it's going to fit. >> reporter: eventually, reality sets in. >> have you ever found something you love and just walked away because you couldn't find the right size? >> all the time. >> reporter: the good news is, it's not you, it's the clothes. designers have their own ideas of size and how things should fit on their client el. >> there's a huge trend around vanity sizing. if you take a woman like marilyn monroe, when she was alive she was a size eight. today she'd be a zero. >> reporter: tanya shaw heads up unique solutions which promises to match you with the perfect pair of pants using the kind of technology you usually see at airports. >> i'm down to the side, put your hands down. >> reporter: the scanner uses low-powered radio waves. >> this one is like a digital measuring tape recording every curve, every bend, every inch of your body from the shape of your waist to the size of your thigh. because of the way it's designed, there's absolutely no radiation. out comes a bar code that matches my 3d shape with a top

20 styles likely to fit. >> it's interesting. i didn't even know some of these. >> reporter: we try a little experiment and recruit college student lee polton. >> have fun. come on out. >> reporter: and cousins daviana and denai. >> we're the same size. so if i buy a pair of jeans that i like we can share it. >> so we're going to go shopping with you. >> reporter: we discover its takes longer to walk to the store. >> with the denim curve straight heel? >> reporter: than it does to find the right pair of jeans. the cousins are two for two. at another store, we meet up with our college friend. >> they fit really cute. >> reporter: success for shoppers. >> i think they're great. i think they're awesome. >> reporter: and stores, reporting higher sales and fewer returns. deb thayric, cnn.

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