the candidate. we'll talk abo herman cain, what he thinks happens. as you heard earlier, a lot of people thought he was the guy to benefit most of herman cain and talk to him about that. plus, the two men in charge of writing a letter to congress, the two congresswoman, democrat and republican. they say they need to go big on the super committee. you know how we feel about that. anderson cooper starts now. thanks. good evening, everyone. we begin keeping them honest. could be a growing trouble for herman cain. he is speaking out again tonight claiming he is the victim of a smear campaign. the changing allegations and hazy recall put the story on the radar. a late twist. an accuser reportedly wants to talk. she wants out of the confidentiality agreement signed as part of the settlement where herman cain was her boss in the late '90s.

"the new york post" spoke to her lawyer joel bennet. he says, quote, it is just frustrating that herman cain is going around bad-mouthing the two complainants and my client is blocked by an agreement. although bennet told "the post" he couldn't remember the accused was herman cain and said it was settled quickly by fax and phone and herman cain recounted what startss like a drawn-out claim. >> i do recall that she was asking for a large sum of money. i don't remember what that sum of money was but as the review of this moved forward, that sum of money negotiate my attorney negotiating with her attorney got less and less and less her bauer her attorney figured out she didn't a valid claim. >> the lawyer have differing accounts of reaching a settlement with this woman or talking about two different complaints. remember, when politico broke

the story on the weekend the lead is two women complained of inappropriate behavior by cain. herman cain seems to remember one complaint and one settlement and the memory took a while to develop. >> have you ever been accused, sir, of harassment? >> last one, guys. last question. last question. >> sir, have you? yes or no? have you ever been accused, sir, of sexual harassment, have you? have you, sir? >> that was the last question. thank you. thanks. >> have you ever been accused of sexual harassment? >> have a nice day. >> that was jonathan martin on sunday. he didn't want to answer but politico said he they gave them a heads up. yesterday morning cain denied wrongdoing or memory of a settlement. >> if the restaurant association did a settlement, i am not -- i

wasn't even aware of it and i hope it wasn't for much because nothing happened. so if that was a settlement it was handled by some of the other officer that is worked for me so the answer is absolutely not. >> he said the same thing yesterday afternoon that national press club and then a few hours after that he seemed to have changed his story. >> i was aware that an agreement was reached. the word settlement versus the word agreement, you know, i'm not sure what that called it. i know that there was some sort of an agreement but because it ended up being minimal, they didn't have to bring it to me. >> herman cain last night. the explanation which he repeated today and this evening coming down to a question of words. agreement which he remembered or a settlement he didn't. cain is questioned about the politico story on sunday. most of yesterday before he figured out that when reporters were asking him about a

settlement they were talking about what he refers to an agreement. and remember the campaign made of the politico story ten days before that. it happened a dozen years ago. it's also true that cain denies any wrongdoing and remembers only one woman and one complaint and saying i don't recall again and again about a lot of aspects of the story. >> nope, i can't recall any comment that she made, positive or negative. i don't recall by whom the charges were found baseless. i don't recall whether she left the restaurant association before they made the accusation. i don't recall, greta, i really don't. i don't remember the numb. i don't recall. i can't remember her name at all. if i had a private conversation with her, i don't recall having a private conversation. with all of the conversations i had it could have been but i don't recollect. >> that was last night on fox. again. more than a dozen years when it happened and might have happened so it's perfectly understandable

if he can't recall those moments. some points to the i can't recalls as an escape hatch. we invited cain on the program tonight. he declined. joining us john harris. thanks for being with us, john. politico followed up the original reporting with information about the national restaurant association and its decision not to endorse herman cain's candidacy. what did you learn? >> there was discussion within the national restaurant association where herman cain is remembered fondly and supported by many members whether or not to give an endorsement to their former ceo. that revived a bunch of stories and a bunch of controversies that have been dormant for as you say, anderson, a dozen years with some people saying, wait a minute. we are not so sure we want to be out there on that particular limb. >> because of these allegations? >> a contributing factor, that's correct. and that may well have been a contributing factor of why this sprang to life.

>> there's a lot of criticism of your reporting. there was a tough article calling to question the reporting on the story, basically saying there weren't enough details in the story and ones about the settlement agreements. you have reportedly seen at least some of the documents. why not report the specifics? the payment amounts and clear up some of the speculation? >> well, anderson, as you can appreciate as somebody who's reported difficult stories and the people at pro-republica could understand, this is a hard subject to penetrate. it is not an easy story. every single sentence in the politico story was subject to elaborate reporting and pretty extensive editing process. and we shared what we were comfortable sharing, first on the basis of do we know it? not do we think it but do we know it? and then clearly, within the

constraint of our sourcing agreements with some very difficult reporting. >> we asked your colleague jonathan martin on this program last night an didn't get an answer. i want the give you a chance to answer this question. was politico tipped off as a cain rival as some including cain himself seems to be suggesting. >> and jonathan was on message last night, anderson. i'll tell you why i think it's important. this is a sensitive story. we haven't been reporting on innuendo or things we think we know and so we think in the public comments we have tried to stick very closely what was within the published story and edited pretty extensive and comfortable with it and trying not to go beyond that. i will say the question of motive to me, anderson, is pretty secondary to the question of facts. everybody or anybody rather who speaks to a reporter at any time on any subject presumably has some motive for doing so.

what's important is not the motive but the facts. politico's two main facts in that initial story, one, that there had been complaints. two, that those complaints had been settled or agreements reached to use mr. cain's phrase and validated by mr. cain himself as true and accurate. >> but so you won't say one way or another whether or not another campaign rival to cain or on the other side of the political aisle directed you to these allegations? >> that's correct, anderson. i'm going to stick in every instance to what was in the actual story. >> john harris, i appreciate you being with us. i want to turn to the political and legal panel. jeffrey, a cain supporter wants to be released. a, can she be released? b, is it -- i mean, is it right for her to be released if she signed an agreement saying i'm

not going to talk about this and taking money for that? why now should she be released? >> well, certainly, to answer your first question she can be released. a contract is simply an agreement between two parties. here presumably the national restaurant association and this woman. contracts can be changed, modified, if both parties agree so to answer the question of can she, sure. is the answer of should she? i think, frankly, the answer to that is, yes, as well. herman cain is running for president of the united states. this is a very important thing about whether he committed sexual harassment or not. if this were to go to court and i expect it to be resolved long before it goes to courts courts generally don't like confidentiality agreements. they construe them narrowly. they think there's a public policy of disclosure rather than keeping things secret so it's hard to imagine a set of circumstances where her story does not come out one way or

another. i don't think this agreement is going to stop her or perhaps the other woman from telling their story. >> is it typical, jeff, for all parts to be bound by the same confidentiality agreement in a case like this? if cain is bound by one, wouldn't that mean he's violated by talking about this? >> well, here it would be very important to know who signed the agreement because it may be that the restaurant association agreement signed it. the restaurant association, some representative signed it but cain didn't sign it. we'd want to know, does the agreement bind employees and former employees like cain of the agreement. this is where things start to get -- it's really hard to know without seeing the document. but certainly, if a judge ever heard this and again i doubt it will get to that, the fact that the former president of the restaurant association is talking about these events, is characterizing them one way or another most of the time would

allow the other party her day to say, look, this is my view of what happened. the agreement be damned. >> gloria, if this woman goes public, is this another issue, another ball game? >> it is a whole new ball game. once, you put a human face on any kind of charge like this, harassment, people are going to be able to judge her, look at her, look at her credibility. and see if they believe that she's telling the truth. it does become a he said/she said, but she's going to provide a set of details she has and people will have to judge those details but it's clear to me from the interview with her attorney in "the post" that she has a recollection of events that she wants to tell, that she believes she was harassed and that she believes her payment and money was not for severance but it was as a settlement for her sexual harassment claims. >> david, how does this strike

you? i mean, if this person, this woman or two women signed a contract a dozen years ago, is it fair to now have these allegations come forward and not have them come forward? >> anderson, it strikes me that this story will continue, it has legs and this controversy is going to deepen. and it could well almost knock him out of the race unless he now coming forward and gets the facts himself. in fact, calls for the settlement to be made public. i don't think necessarily the woman comes forward but i think there's going to be an intense journalistic interest what's going in this settlement. what's the background to the settlement? the bumbling way he's handled this, the shifting story increased the pressure on him to get this resolved this week in the next couple of days. not let this linger. there are those, of course, who on the right who believe this is all a media smear, that the

liberal press can't stand to have a conservative black doing so well. and they want to bring him down. i don't think that's the case but know that that's an important element to this story, as well. >> do you think there is anything to that, whether it's liberal media or whether it's people who are out to knock herman cain out of the race spreading this story? i mean srks this a fair thing because it's a hard allegation to fight against when it's being made by unnamed people and there's no details out there. >> anderson, so much depends upon the news organizations involved near. politico is fairly new but made up of journalistic pros. they're good people that rapidly established a very, very successful organization. people think they're fair and thorough. my impression of their reporting on this was that they went to great lengths to try to pin this down before they went public. after all, as you say, they did

give the cain campaign ten days to prepare for this and astonishing thing is cain wasn't better prepared when the story went public after the ten days with a very complete answer to put it to rest completely. he could have put it to rest. >> gloria, i'm sorry, i have to jump in. we just got a phone call from joel bennet, the attorney for one of cain's accusers. i want to bring him no the conversation. thank you for being with us. have you approached the restaurant association about the possibility of getting this confidentiality agreement overturned? mr. bennet, are you there? >> yes, i'm here. i'm sorry. go ahead. >> thank you for joining us. have you approached the restaurant association or been asked by your client or former client to approach the restaurant association about getting confidentiality agreement overturned? >> not yet because i had closed my file and had disposed of the agreement. i'm getting it from my client. i hope to get it today or

tomorrow. once i do that with my client's consently do that. >> has your client asked you in fact, at this point to do that? >> she's still mulling over what she wants to do about this. she's naturally concerned about all of the publicity that's coming up 12 years after the fact. >> jeff, if you want to ask a question -- >> can i ask a question of mr. bennet? mr. bennet, is herman cain a signato signatory? did just the restaurant association sign it? >> i haven't seen it in 12 years but i do not have a recollection of mr. cain signing it. >> so this was something handled by the restaurant association. >> do you believe he is bound by it? is he bound by it? or is he simply a speck tailor with nothing to do with it? >> he was the ceo at the time and certainly would have been bound by it when he was the ceo of the national restaurant association. i have to see the agreement to see what impact it has on

employees after they leave the restaurant association. >> can i ask something, anderson? >> go ahead, david. >> mr. bennett, this is david. they say they that she wants an opportunity to have her side told and you just said she's still mulling and not sure what she is mulling. >> naturally, she's been very upset about this since the story broke last sunday because mr. cain has been giving the impression she came out and made false allegations that's certainly not true and she's still deciding once we hear from the restaurant association what she'll do if they'll waive the confidentiality. until they do that, she's not going to speak out. >> was she released? did she leave the national restaurant association because she made the allegations? was the separation based on this or did they accuse her or say she was not a good employee for

other grounds? what was the basis on which she left? >> to the best of my recollection, there were no complaints about her performance. she was ready to move on to another position in light of the way she had been treated by mr. cain. with the confidentiality settlement agreement. >> mr. bennett, it's gloria borger here. you are spoken with your client. does she believe mr. cain is not telling the truth? >> yes. >> can you elaborate? >> how so? >> first of all -- because there were two women that filed complaints at this time and it's unclear which one he is speaking about all the time but to the extent he's made statements that he never sexual harassed anyone and there was no validity to these complaints, that's certainly not true with respect to my client's complaints. >> did you -- i'm sorry. did you represent both women? >> i only represented one woman. >> and -- >> not both.

>> mr. bennett -- go ahead, jeff. go ahead, jeff. >> does she have any corroborating evidence? does she have e-mails, photographs, notes, anything other than her word about what mr. cain did to her or she accused him of doing. >> i have no recollection 12 years later of what the proof was in these situations usually it's a one on one situation. but i'm not certain what the circumstances were at this time without going back and talking to my client again. >> mr. bennett, have you been hearing some of the things that herman cain has been saying? i know your recollection is perhaps not as sharp as you would like it to be based on being 12 years but based on what you have heard mr. cain saying, is it your understanding he is also not telling the truth? >> my -- what i have heard him say on the media is he never sexually harassmented anyone and there was no validity to these claims and my client made a good

faith, honest complaint of sexual harassment. >> could you give us any details about what the nature of that sexual harassment was? >> i'd be happy to if the national restaurant association waives the confidentiality provision of the settlement agreement but i have not -- >> you are persuaded that it was -- >> i have refused to speak to the media and they say it's a personnel matter. >> you are persuaded it was sexual harassment? >> i am persuaded my client made a good faith, honest complaint of sexual complaint. i was not there. i didn't see what happened between these two people but i know her very well and i'm sure she would not make a false complaint. >> do you recall, you know, mr. cain says that he was told by the general counsel, the people doing the investigation, while he recused himself he was told in the end that they believed

there was absolutely no basis for the claim and that essentially -- was that your understanding of the result of their investigation? >> to the best of my recollection, i was never told about any investigation at that time but i would say an investigation done by people under herman cain's supervision who's livelihood depended on him would not be the appropriate independent outside objective people to do such an investigation. i have been hired to do investigations of sexual harassment by companies or nonprofit organizations and if you're serious about doing such an investigation you don't have it done by employees under the thumb of the alleged harasser. >> do you recall how involved herman cain was in the sett settlement process, in the discussions of this? >> to the best of my recollection, i never had any contact with herman cain. >> also, is your client the woman that herman cain

referencing telling a story about comparing the height of the person to the height of his wife? >> i haven't seen my client in some years but she's faller than five feet tall. >> was it your understanding that pain was severance? was a severance payment or a settlement payment? >> it was a settlement agreement of a sexual harassment complaint with a confidentiality provision and a nondispa rajment prosituation. >> from your point of view, the settlement -- just finish. in other words, the settlement agreement was in effect compensation from the national restaurant association for -- with a sense that somehow she had been wronged and they were paying her and also asking -- >> it is never an admission of wrongdoing. >> right. but it is -- what is it then? >> it's an agreement with no admission of wrongdoing.

>> jeff toobin? >> yeah, mr. bennett, has your client ever made other allegations against other employers? >> not to my knowledge. >> so did your client contact you because she'd been watching mr. cain and he got her upset? >> i believe she contacted me when the politico story first broke. >> so she -- so you're saying she wasn't contacted directly by politico or she -- >> i don't know how that happened. my understanding is a present or former board member of the national restaurant association leaked the story to politico. >> a member of -- >> i'm sorry. you said -- you said that's your understanding. how do you have that understanding? where did you hear that? >> i don't recall how i heard that but that's my understanding of how the story originally got on politico. >> was it in any sense from your point of view a smear effort

against him? >> i'm not in the position to judge that as i've stated previously. my client's allegations were made in good faith-based upon actual events. >> mr. bennett -- >> does your client have any political affiliation? is she part of the obama administration? is she an active politically and democrat, republican, anything like that? >> i have no knowledge that she's active politically. she's a current employee of the federal government and under the hatch act she is not permitted to engage in active -- political activities as a -- >> she's not a political appointee to the -- >> yeah. >> she is not a political appointee -- >> career civil servant. >> sir, you've said you asked the national restaurant association to release her from

confidentiality agreement. if they refuse, what do you think your next steps might be? >> okay. i have not had any direct contact with the national restaurant association. in the interviews i have given, i have suggested that would be the right thing to do so she can tell her side of the story since mr. cain is telling his side of the story and if they agree to that i'll confer with my client again and see what she wants to do. ultimately it is up to her. >> and if they -- what if they don't agree? >> i don't know that we'll do anything further then. >> mr. bennett, you anticipate by tomorrow your client making a decision of whether or not she wants to contact the national restaurant association to ask them to remove the confidentiality? >> in the next day or two. >> in the next day or two. >> tomorrow or the day after. >> mr. bennett, i appreciate your time tonight. thank you very much. we'll continue to follow it and like to talk you when a decision is made. thank you, sir. >> thank you, you're welcome. >> jeff toobin, what do you make

of this? >> well, i mean, i think the national restaurant association is going to have a very tough and interesting decision to make. obviously, i mean, i think we are clearly heading in a direction that they're going to be asked to waive the confidentiality here. you know, usually these organizations want to stay out of the news. they don't want to be involved. here i think that train has left the station and i think herman cain has got to speak out about whether he wants the restaurant association to waive confidentiality but my sense is just having followed these for a long time this woman's going to get her story out sooner rather than later. i don't know how it's going to work but if she feels he's lying about her we'll hear it. >> it's interesting his understanding is it's leaked by someone from the national restaurant association. he didn't know the source of hearing that he said but also talking to the gentleman from politico right before this he had mentioned some conversations

and dissension within the national restaurant association when it was under consideration of whether or not they should endorse the candidacy of herman cain. >> you know, he also implied that that could have been the time when this was dredged up but we don't know no matter who leaked it we don't know whether it was politically mote vaded or not and the attorney here could not answer that question but what he did make very clear if his client speaks one way or another as jeff toobin said, she'll say that herman cain is lying aefr her recollection is different from his and that she was paid money as part of a sexual harassment claim that had some validity. >> david gergen, gloria borger, jeffrey toobin, thank you. we'll continue to follow it. up next, the explosive allegations, this story's a racial attack on herman cain from the left because he's an

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breaking news tonight. a moment ago you heard the lawyer for one of the herman cain's accusers. he says she wanting to be released from the kfltality agreement or considering whether or not she wants to ask the national restaurant association to release her from the confidentiality agreement. a decision on that may be within the next day or two. more now on the politico story that started this. setting off a firestorm of speculation. you heard the attorneys saying he believes it came from someone on the national rest ral association or someone affili e affiliated with it. there's been buzz on the right. this is a left-wing hit job and some on both sides that an opponent may be behind the story. the most incendiary charge is

race. what thomas called the high-tech lynching. tonight on fox, herman cain was asked if history is repeating himself and whether he had any evidence it was. >> when clarence thomas was near to achieving the position of high authority, he was hit with a sexual harassment charge. you've contending for the presidency, the office of highest authority, leading in the polls, republican nomination, all of a sudden get hit with a sexual harassment charge. do you think that race being a strong black conservative has anything to do with the fact that you've been so charged? and if so, do you have any evidence to support that? >> i believe the answer is, yes. but we do not have any evidence to support it. but because i am an unconventional candidate, running an unconventional campaign, and achieving some

unexpected unconventional results in terms of my -- the poll, we believe that, yes, there are some people who are democrats, liberals, who do not want to see me win the nomination and there could be some people on the right who don't want to see me because i'm not the quote/unquote establishment candidate. no evidence. >> that was herman cain. joining us is ken blackwell and we should mention rick perry supporter and analyst rollin martin. rollin, you say unequivocally what's happening to cain is not what some said was a high-tech lynching. you even tweeted out a picture of an actual lynching to make your point. what is your point? what is your position? >> well, the point is very simple and that is when you see herman cain singing "amazing grace" at the national press club he's not being limpbled. that's black men being hung from trees, burned, charred remains,

some of them in the military uniforms and ridiculous. it is nonsense to say, oh, this is happening because i'm black and then i have no evidence to actually prove it. you're running for president. this is what happens when you run for president. everything in your past comes under scrutiny. everything. >> you don't believe race plays a role in this at all? >> no. no one can try to show, oh, i think this is happening because herman cain is black. no, you are running for president. if he had 2% in the polls it wouldn't matter. when you are leading, this is what happens. ask gary hart, john kerry. mitt romney. illegal immigrants at the house, it happens. >> ken, do you agree? do you agree that race is playing a role in this? >> no. look, i think his conservatism is playing a role in it. in the public arena, people use hyper bole, they use over the

top language on the right and the left. look. the truth loves sunlight. and what we need to do is to put more sunlight on this. right now, as we are talking tonight, in terms of public evidence there is not substantial evidence to support a finding of sexual harassment. but neither would i want to sit here tonight and make little of the whole notion of sexual harassment in the workplace. that is very aggressive behavior. it is not just flirtation. >> right. >> it is not just suggestive language. it is aggressive behavior. we need to get to the bottom of this and we need to get to the bottom of this soon. >> do you believe -- >> from the -- >> from the cain's campaign standpoint, they have mishandled this situation. you have to gather your facts, tell the truth and you got to tell it quickly and i think you do it once just like geraldine

ferrardo did. >> do you believe the association should lift the confidentiality agreement if asked by this accuser? >> i think that there's probably another alternative. i think the accuser probably has enough folks to donate, she could give back whatever the money settlement was and then probably has a way to walk through the door and say what she wants to say. look. i'm for making sure that light gets shined on this, on a factual basis. and we close the door on this chapter. based on what the facts are. >> anderson? >> roll snn. >> that's a distinction to be made here. this is not a case we're hearing about somebody who said 12 years ago something happened. this was a case where clearly there was some type of invest, there was a settlement. papers were signed and so something -- so, hey, we can't say what took place. my point is, there's a difference between just some

allegation out there that had no basis versus there being some level of conversation, some agreement being signed. that's a different standard here. ken is absolutely right in terms of what the facts are. cain made a serious mistake by being unequivocal in stating no settlement and then backtracking hours later. when you run for president every campaign knows you tell them all of your stuff so they don't hear about this stuff later on. they have badly mishandled this and can't blame anybody else and not his skin color for how they have bungled in situation. >> let me just say, anderson, you know, i'm critical of my friends on the left who play the race card. i don't think my friends on the right should play the race card. at the end of the day, what we have right now in terms of public evidence is he said/she said without a public supported evidence of sexual harassment.

is there evidence what's been said by herman as well as unidentified sources in terms of flirtation or language that was untoward and unwanted? perhaps. but that's not sexual harassment. we cannot trivialize it and i think we both -- meaning me and brother martin, we want to get at the truth. and we don't want -- >> absolutely. >> -- anybody to hide behind racism. >> that's right. no race sideshow. >> appreciate you being here on the show. thank you both. just ahead, more fallout of the investigation in to fast and furious. we have been covering fit ar while now. the botched operation to let guns go in the hands of mention call drug cartels. new information on how that could have been prevented and an airliner taking off from the u.s. makes a nrch landing today. what a landing. we have the latest on how the passengers are doing and show

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let's get caught up on other stories we're following. susan hendricks has the story. fbi and federal prosecutors are joining the investigation of a failure of a financial firm led by former new jersey governor corzine. mf global filed for bankruptcy yesterday. they're unable to account for $600 million in customer's money. greece's prime minister stunning the world by calling a national referendum vote on a bailout package. a no-vote could cause the your ro to crash. global stock markets trumibled. is syrian league agreed to a plan. the united nations reports more than 3,000 people died since the unrest started in march and official announcement of what is in the deal is expected by

tomorrow. and you have to see this. all 231 people on board a lot polish airline jet, this one, are safe. they're unhurt after this emergency landing. it happened in warsaw today. the flight took off from newark airport in new jersey. a hydraulic problem prevented the landing gear from deploying. it skidded it to a stop. everyone is okay. >> thanks. still ahead, more fall yacht of the investigation in to fast and furious. the botched operation letting guns of the united states go in the hands of mention call drug cart cartels. new information on how it could have been prevented. the jury in the michael jackson death trial will not hear from conrad murray. details coming up. rum specialis. new centrum specialist vision... helps keep my eyes healthy. centrum specialist energy... helps me keep up with them. centrum specialist prenatal... supports my child's growth and development. new centrum specialist is a complete multivitamin

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keeping them honest. follow up. new information on the justice department knew about a controversial tactic of letting guns get in to the hands of drug cartels in mexico and other criminals. there wasn't just "operation fast and furious" but earlier "operation wide receiver." newly-released documents suggest the head of the division learn about that previous operation as early as april of last year. he only recently brought it to the attention of attorney general eric holder. lanny brower testified today. >> i was involved this exercise and it came to light in thinking about it i should have back in april 2010 drawn that connection, i've expressed that regret first personally to the attorney general of the united states and then i determined that i should do it publicly, as well. >> he says he simply didn't draw a connection between the two gun

programs. the programs that gained the most attention is "fast and furious." it's where weapons sold in the u.s. were allowed to fall in to the hands of mention call drug cartels in the hope of tracking them to the most violent members. didn't work that way at all. thousands of guns were lost and two of those missing weapons were found at the agent of agent brian terry being murdered last season. drew griffin joins me. the program that started under bush administration "operation wide receiver" what do we know about it? >> another document department from the justice department under pressure of congress is how we know about it and this is what we know. 2006, 2007 they had this program that was to allow guns to be loosed in to mexico in the hopes of tracking them without any ability to track them, anderson. that's what's key here. 350 of these guns are let loose. lanny breuer -- so what did they

do, anderson? they try to hide that program, that dumb program, and then they start an even bigger program that does the same thing under "fast and furious." that has members of congress furious. lanny breuer on capitol hill today trying to explain he knew about the first program in 2009 that let guns walk in to mexico. and then knew about the second program in 2010, "fast and furious" that let guns walk in to mexico. but didn't put the two together and then didn't alert the attorney general eric holder. here's his explanation. >> i regret that at that point that i knowing then, knowing now what -- knowing now i wish at that at that time i said to the deputy attorney general and the attorney general that in this case "wide receiver" we had determined in 2006 and 2007 guns had walked. i did not do that and i regret

not doing that. >> sure does, anderson. certainly regrets it now. >> yeah. so i mean, it's incredible to think a program be allowed to happen not only once but twice and under two different administrations and for those not following and you're reporting for a long time, no one informed mexico that the guns were coming and no way for anybody to track the guns once they were in mexico. >> you know, there's a lot of politics involved. republicans are pressing the quote unquote democratic justice department now to see who knew what many when and where but the question we have asked on your program, anderson, and nobody's got answers to is who thought this was a good idea? it was failed from the start. now we know that it appears that both of the operations one in 2006, one in 2007 and the other one in 2009, neither one had the ability to do what it was set up to do which is to try to track the guns once they were in

mexico so somewhere along the line professional law enforcement officers within the atf or somewhere, somebody in charge of these operations laid out a completely failed program from the get-go, it put a lot of people in danger and but for brian terry's death we probably would have never known about it. >> it's so tragic. border agent is dead. drew, appreciate it. thanks. up next, dr. conrad murray deciding he won't take the stand in the michael jackson death trial. and bank of america's decision on the debit card fees. and lisa and havanderpump sp to the mike. she can belt out a tune putting the skeptics on our "ridicu-list." [ male announcer ] along with support, chantix is proven to help people quit smoking. it reduces the urge to smoke. some people had changes in behavior, thinking or mood, hostility, agitation,

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stop taking cialis and call your doctor right away. [ male announcer ] ask your doctor if cialis for daily use is right for you. for a 30-tablet free trial offer, go to cialis.com. checking with susan hendricks. >> anderson, both sides rested in the michael jackson death trial. dr. conrad murray told the judge today he would not be taking the stand in his own defense. closing arguments are set to begin on thursday. a transcript shows that lawyers for casey anthony invoked the fifth amendment right against self incrimination 60 times in a recent deposition in a civil lawsuit.

casey anthony as you know is accused of ruining the reputation of zaneida gonzalez. anthony said a babysit we are that name kidnapped her baby. she was acquitted of caylee's murder. for those who complain bank of america is dropping the plan for a debit card fee after getting complaints of customers like you. chase, suntrust and other banks are getting rid of similar plans. this vending machine offers convenience. it dispenses fresh cuts of meat just like soda or candy. it is the brainstorm of an alabama company. so far they have installed one machine. see how it goes. >> interesting. all right. now time for the "beat 360 winners." tonight's photo republican candidate ron paul in iowa today

speaking at a forum of manufacturing. staff winner is cubie. cubie. constitutionally i shouldn't even be sitting on this chair or wearing clothing right now. your winner is mark. his caption, desperate to narrow the field, republican party leaders are forced to use rock, paper, scissors to choose a candidate. up next tonight, music to real housewife fan's ears? there's a single and not so bad. you can hear it for yourself. that's right, haters. turn up the volume. ♪ ♪ ♪ ♪ ♪

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time now for "the ridiculist." for the skeptics proven wrong by one lisa vanderpump. i've been known to roll my eyes at the so-called talent. several of them released songs proving time after time there's a fine line between music and an audio tuned dry heaving but today and i'm serious when i say this we heard a song completely different. it's sung pretty well. listen to a clip of the cover of the classic "will you love me tomorrow." ♪ ♪ will you love me tomorrow

>> okay. pretty good. not bad. i like the sort of reggae beat in the background. lisa says it was lionel richie's idea. i'm biassed. i actually like lisa and met her. she has a sense of humor. i like her dog who really deserves a spinoff. the same scant be said for a certain singing countess, though. ♪ ♪ money can't buy you class money can't buy you class ♪ ♪ elegance is learned my friends ♪ >> i've said it before. i'll say it again. anybody uses the word class not referring to a room in which kids are learning has none. a countess of what? apparently countess of not sparing us from another one of her songs. ♪

it's quite an introspective chorus, wouldn't you say? there was a hideous stunt that was apparently a song. she would love to have her name played or a clip. i cannot bring myself to do it. i'm sorry. there was also a one-time new york househusband trying to get in on the act. simon van-something. brace yourself. ♪ i am real i ain't got to change ♪ ♪ i am real i am who i am and that's the deal ♪ >> so real. what happened to shame? you know? was shame such a big thing? people have none of it anymore. it started with kim from atlanta who i must say i also have a soft spot for. ♪ don't be tardy for the party don't be tardy for the party ♪ ♪ don't be tardy for the party >> oh, kim, i'll be tardy for