we get up at, as you know, it doesn't always come out the same time. i get up at 2:00 or 3:00. i try to go to bed right after your show. >> hugely successful don't need a lot of sleep. i guess that's you. mike allen. thank you. great to see you. >> this was fun. thank you. >> tomorrow, sir richard branson, virgin flying through the skies, flying to outer space. he comes out front. "anderson cooper 360" starts right now though. erin, thanks. good evening, we begin keeping them honest. herman cain and ginger white, the woman who said she had a 13-year affair with him. both are speaking out. he's denying the fair. she's recalling details and saying he's not fit to be president. someone is not telling the truth. wherever the truth may be, however, herman cain is in full damage control mode and could drop out of the race. jim acosta caught up with the candidate in dayton, ohio. >> reporter: mr. cain? jim acosta. are you vowing to stay in this race? is that your message?

>> we're reassessing, re-evaluating. >> reporter: you are staying in the race? >> we're re-evaluating and reassessing. >> reporter: how soon should we have an answer? >> we'll be making a decision in the next several days. >> reporter: late today, cain appeared on fox news. he routinely refuses to come on this program. we asked again today and his campaign said he was unavailable all week. somehow he did find time to sit down with fox. >> reporter: so i don't want to overbelabor this in you answering these questions directly. but on ginger white. she's known you 13 years. you say a friendship. why would she say out of the blue, he's not fit to be president? >> neil, i have no idea unless the people who i believe are putting her up to this, maybe that was one of the lines she was supposed to use. i have no idea.

wheth >> whether asked who put her up to it, take a look. >> we have no idea who it is. but i just happen to know that the reason that i was trying to help her as a friend financially, because she was in some deep financial problems about to into the even be able to pay her rent. so i don't know who's behind it. this is a correct character assassination. >> he can't swhi is pressuring ginger white to bad mouth him. but he does have a theer dwla covers the whole string of recent allegations against him. >> reporter: you're the only one who seems to gather or collect, again, accurate or no, these type of charges whether it's harassment or womanizing or inappropriate relationships. it might all not be anything, like you say.

they tend to pile up around you. why is that? >> i can only conjecture that maybe i am the democrats' worst nightmare if i win the nomination. as long as i'm still low in the polls, this stuff didn't come out. it is only after i got in the top tier and lowe and lo and be out. >> herman cain is always welcome. his accuser has yet to present evidence to back up her claim of an affair. today "good morning america" she says she didn't save any notes or receipts during the alleged affair because she never planned to go public. why d white did describe a trip they took together. >> it was a very casual affair that herm an flew me to -- on several trips. i went on several trips with

herman. one particular trip was the mike tyso tyson-holyfield fight in las vegas. i can't make this stuff up. >> that remains to be seen. she has offered no hard evidence. the only verifiable fact is just how deeply the cain campaign seems to be. joining us now is ari fleischer. also democratic strategist and obama 2012 pollster cornell belcher. is the cain campaign getting to where it could do damage to your party? >> oh, no. i mean to the party? bill clinton's fares do damage to the democratic party? did what john edwards do do damage to the democratic party? this comes to individual damage. the broader point and i say this as a naern is a fan of herman cain but i've been saying for

months, herman cain is not ready for the oval office. nobody knows the truth of these he says she says things. but herman cain on policy not prepared to be president of the united states. i've been saying that for months. so in so many way this is doesn't matter other than which way will he go if he does drop out. >> cornell, do you believe he's doing damage to the other republicans in the race? >> i'll say a couple things. one is the whole idea that nothing is going on seems to be a stretch. i mean every guy in america knows if you're texting and calling a woman at 4:00 in the morning that's not about finances. that's a booty call. so he's not -- >> we have to keep this to political terms. >> the other thing, is you know, i think the bill clinton-monica lewinsky scandal do a lot of damage. i think michael steele is right on this one. all this affects him and takes

away from what republicans want to be talking about and talking away the two top candidates. right now on anderson cooper's show at the top of the hour we're talking about herman cain and that cannot help the republican party. >> does it hurt one candidate more or does it help any of the republican candidates? >> i do think it, look, i think interesting way and maybe irony is not the word for this but newt gingrich is benefitting from a man having an affair here. absolutely. look, even at 17 or 16% support which herman cain dropped down to, he still has a base of those anti-mitt romney supporters. and if newt gingrich can begin to consolidate that anti-mitt romney base of voters out there, it becomes a real problem. i think that's why you see mitt begin to pivot and turn his attacks on newt gingrich in the way he didn't attack perry or bachmann early on when they were up in the polls.

>> do you agree with that? you saw the cnn poll that did seem to indicate that newt gingrich benefits the most from cain's problems. >> that's the only issue right now. if herman cain stays in the race, that's good news for mitt romney. if mitt romney is going to do well in iowa, he needs a multiple field so he can conquer it. the fewer opponents he has, the harder it will be for him to have any plurality of a decent size showing. sow needs herman cain to stay in this race. herman cain were to drop out, fewer opponents for romney in iowa, the harder it's going to be for romney to come out of iowa and boost he's looking forward to get through new hampshire and carry him forward. that's the real play here. that's what's at stake politically speaking. >> how significant do you think it is that romney is coming out a day or so saying this? >> as a pollster, i can smell another pollster's work. look, clearly they've done research that says that newt is a threat to them in a way

that -- and that's going to be real to them if a way that perry wasn't. and now they're setting contrast with him. i think they start with the insider-outsider contrast. i have a feeling they're not going to end with that. the campaign, you start throwing out con trart atrast. i think they're going to start with this contrast but in the end i would not be at all surprised when it comes down to communication when the campaign really starts and paying for ads and communication and paying for under the radar stuff like mail and calls, they're going to hit newt gingrich and draw a strong character contrast between mitt romney with a picture of his family, faithful family man versus newt gingrich and what those conservative voters that ari knows better than i do, that can be a powerful contrast. >> i saw you shaking your head. >> i think the stronger play is a likability issue.

republicans want that they beat obama. they're willing to accept flaws in candidates. nobody really likes romney, not enough people really like him to excite the republican party. but what excites us is the prospect of defeating barack obama. and to the degree that romney is stronger positioned to do that, then gingrich, that's going to play an awful big role in the minds of a lot of republicans as they go to vote. >> ari, do you think he's stronger positioned to beat obama? >> well, he is today. he is right now. he has been for months. newt's task is to really pick up his numbers so people who say, you know what? i prefer newt to romney. i don't think newt can win. he has to demonstrate he can beat barack obama in head-to-heads, especially in the battleground states. mitt romney has a five to ten point edge over newt gingrich in electability over obama in the battleground states. big task ahead for newt to address that short fall. >> thanks very much, guys. let us know what you think.

we're on facebook and follow us on google plus and twitter. i'll be tweeting tonight. up next, president obama accused of mixing the governing business with the business of campaigning and you may be paying for most of it. we'll ask the spokesman for how he accounts for the travel and show you why it's been business for usual for years. keeping them honest later on. the first lawsuit has been filed against jerry sandusky and penn state. the plaintiff is a new accuser not mentioned in the grand jury report. details ahead. a new belt. some nylons. and what girl wouldn't need new shoes? we talked about getting a diamond. but with all the thank you points i've been earning... ♪ ...i flew us to the rock i really had in mind. ♪ [ male announcer ] the citi thank you card. earn points you can use for travel on any airline, with no blackout dates.

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president obama's getting heat for racking up frequent flyer miles on air force one at your expense to boost re-election chances. that is the accusation. in a moment, you'll hear the rebuttal from the white house spokesman. president obama is in new york tonight for a string of campaign fundraisers off-limits to general public. but before air force one touched down tonight at kennedy and took off from scranton international airport in eastern pennsylvania where mr. obama spoke about the economy and jobs plan at a local high school. he talked about policy, about his jobs plan. critics say that both legs of this trip, new york and scranton was more about politics than

policy. he stepped out of the white house and on to the campaign trail. here is speaker boehner who began leveling these charges last month. >> nothing disappointed me more than what happened over the last five weeks. to watch the president of the united states give up on governing, give up on leading and spend full time campaigning. >> it is debatable. it's whether a trip to push for a jobs plan adds up to a campaign stop that, is the question if it takes place in a battleground state like pennsylvania. what is not debatable is this. president obama has been spending a lot of time on the road in states that are crucial in his re-election. >> hello, cincinnati! it is good to be in orlando! it is great to be back in pittsburgh. it is great to be back in the motor city. it is good to be back in asheville, north carolina! it is great to be here in north carolina! it is great to be in virginia.

great to be in the philly area. hello, new hampshire! it is good to be back in scranton! >> that's a sample. mr. obama made 56 visits to battleground states this year. that breaks george w. bush's record. both sides, of course, do it. and when they're traveling, you're paying. traditionally up to the who us to decide which events are campaign stops and which aren't. but according to a 2006 report, prepared for democrats on the house committee on government reform, taxpayers put most of the bill in either case. the report covered president obama travel even to the 2002 midterm elections. the findings. $6.5 million in flight expenses in which political campaigns only reimburse $198,000. that is just 3%. the report went on to say that flight expenses are just a fraction of what it costs and what you pay for the president to go on the road.

the president and vice president can legally participate in campaign and fund-raising events for candidates but whether they do so, the taxpayer bears most of the cost. today the tables are turned. in many cases you are still picking up the tab. the white house, though, is pushing back hard on this one. joining me now the white house spokesman. no one says that the president shouldn't go out and speak to voters. is it coincidence he is going to battleground states? >> i will point out that so many of the states that president's travelled to are considered in play next year because we live in a country that's closely divided politically and this president, he ran for office the first time in 2008, put a lot of states that had previously not considered to be in play like virginia and north carolina, indiana and others into play and won them.

so what i said from this podium in the past is that if this president were unable to travel to states considered in play politically as president of the united states on official business, he would have to rule out travel for a great portion of the country. every president, republican or democrat, ought to be able to travel around the country to states that are considered blue, red and purple. talk about his agenda or her agenda. that's what this president is doing. >> you can't deny that politics does play a role somewhere in the decision of where to go for the president. i mean in terms of campaigning. >> i think you have to define politics. it depends on what you mean by politics. the president made a speech today that's about politics in the sense that when he spoke at high school in scranton, pennsylvania, he called on congress to do the right thing and pass a payroll tax cut. extension and expansion for 160

million working americans. now that's a political thing because this is a political process here. we have both parties in congress, republicans have a point of view about payroll tax cut. the president has a point of view. he is urging congress to act. but this all stems from a wall street report that also is misleadingly asserted that president obama has traveled more to so-called battleground states than his two predecessors. but it included in that total travel to virginia for president obama. but not for president george w. bush. more states are in play. every president travels to virginia. it is ten minutes from the oval office. what i'm saying is that president obama could be ahead by 20 points in virginia and he would still go to virginia because it's nearby and the presidents want to get out of washington. virginia is the closest place they can go and maryland, of

course. >> criticism is being leveled by republicans and the president is spending too much time essentially on the road campaigning. tonight he's at three top dollar fundraisers in new york after spending the day in pennsylvania which, as you said, promoting the payroll tax cut. is the trip to new york being paid for with public funds or is that -- >> everything -- when this president travels for political events, like the campaign events he has in new york, those are paid for appropriately by out of dnc or campaign funds. but the trip he make to scranton, pennsylvania, prior to new york was an official event. and this president has a responsibility to travel around the country to advance his agenda. is he campaigning? yes. he's campaigning for the american jobs act. to pass the tax cut that would benefit 160 million americans. >> the congressional research service says that when a trip is for campaign purposes, the federal government is only reimbursed for how much a

typical commercial airline ticket would cost. an hour of air force one is $58,000. the public does pay a lot of the bill of trips that are considered political. >> anderson, i'm not sure where you're going with this. i mean by comparison to any other president, this president operates absolutely by the book and according to the rules. he is president 24 hours a day, seven days a week. when he travels, he has to travel with the compliment of advisors including national security matters and others that always have to be with him, whether it's political travel or official travel. and that is part of the reality of being president. but you can be sure that we do this absolutely by the book. >> so do those republicans saying the president is spending too much time in campaign mode you say -- >> again, never -- if you take out virginia which is across the river and every president travels to in abundance, his immediate predecessor traveled more frequently to battleground

states than president obama and i don't remember republicans complaining about that. >> jay carney, appreciate your time. thank you. >> thank you. >> still ahead, if you have money in the stock market, chances are you maybe made money today. the dow soared 500 points. is this big gain bad news for political markets? we'll talk about that ahead. fls "crime & punishment," new developments in the penn state sex scandal. today a new accuser filed a lawsuit against the former assistant football coach jerry sandusky and child sexual abuse scandal and we have an interview with sandusky's attorney coming up. [ slap! ]

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nnchts tonight's news and business bulletin, a surge on wall street. the dow ended the day up 490 points, the largest gain this year. the dow, nasdaq and s&p 500 were up more than 4%. the wall street rally happened after the fed announced it's going to work with other central banks including europe and canada to try to help shore up the global economy by making it cheaper for banks around the world to borrow u.s. dollars. we're going to try to help explain. why did the fed do this? >> we were seeing dangerous signs in global markets it was getting more difficult and more expensive for banks to borrow money from each other overnight, to barrow dollars. this is how the world does business in, dollarsment and overnight lending is something that is basic lit life blood of the financial system. we were seeing the arteries getting clogged. it was starting to look lick it did in late 2008. that was really scary.

in the absence of any political movement in europe and the u.s., you had central banks coming in with the big guns. >> how much of this these days is about what is happening in europe? >> it's all about europe right now. absolutely. there were so many signs of concern among those european banks. this is such an important moment, dramatic moment. i mean people are saying that the euro zone is unraveling right before our eyes. it's the biggest trading zone for the u.s. the united states cannot avoid another very dangerous recession if you see a very big pull back or implosion of the euro zone. we would not get by unscathed. they want to keep this thing afloat. >> the markets reacted well and people are happy about, obviously. in the short term. what about long term investors? >> that's a really good point. you saw people just going crazy today saying wow this is so great. the point is that this is a defensive move.

this is a central bank saying we're at the preedge here and we going to make sure we don't go over the edge. that is an important thing to keep in mind. you only have ten days or so for theure joe zone and leaders to figure out what they're going to do, how they're going to get the 17, basically 17 extended family members who are all sharing the same checking account. i mean think about that. that's a little complicated. especially when some people put more money into the bank account and others taking out more. >> the decision making process for the euro zone is very laborous, very difficult. >> and to try to fix it, you have treaties between different countries you have to fix and not very much time to do it. they've been behind the curve for a very long time. and that's what the fed, central bank and china actually loosening the lending restrictions at the same time, the whole world getting together to say we're going to keep the blood flowing so that there is more time to get this all sorted out. but no one wants to go back to the credit conditions we had in

2008. that's what the worry was. >> that was ugly. that meant millions of jobs lost, factories closed. i mean people right now are still suffering from what happened back then. so the central banks, ben bernanke, ecb, even china all of them stepping up and saying we're going to keep the money flowing so that we don't face that right now. and that's why markets were so happy. they said, look, policy makers are going to make sure, not politicians, but central bankers make sure the worst doesn't happen right here. >> appreciate it. thank you. a lot more we're following tonight. we have a 360 bulletin. >> police now believe ten sets of human remains, we're still getting details here, found along a desolate stretch of a long island beach are linked to just one serial killer. also a 360 follow, four members of a breakaway ammish group charged with hate crimes were arraigned in federal court today in youngstown, ohio. according to the tribune, the judge ordered the men to stay in prison saying they're a danger to the ammish community. the men are accused of shaving the beards of people who refuse

to follow their leader. samuel mullet, sr., mullet wanted to seek revenge and punish those who were leaving his group. three other defendants will be in court on friday. 93-year-old billy graham is hospitalized tonight in asheville, north carolina for what officials say is evaluation and treatment of his lungs. and how about this? a tough day for santa at the palm beach florida mall. he tried to make a grand entrance. take a look, by repelling into the crowd. his beard got stuck and he couldn't move. this is no jolly st. nick. he eventually made it to the ground. as this was happening, at announcer trying her best sing is christmas songs trying to stall. the kids were below saying santa! >> oh, no! >> yeah. he made it down at least. >> i think this singing makes it worse almost. >> what else could she do?

>> wow. talk about an awkward stall for time. >> start singing, kids. >> yeah. kids, look over there. susan, thanks very much. we'll check in with you shortly. much more serious news ahead coming up. first, lawsuits stemming from the penn state child sex abuse scandal has been filed. it accuses jerry sandusky of sexually abusing a boy more than 100 times and threatened to harm him and his family if he told. sandusky's attorney speaking out again tonight. also, fast moving scandal in syracuayeyracuse university. you know. ban it's different. first, it's been re-engineered with micro-particles. second, it enters the bloodstream fast, and rushes relief to the site of your tough pain. the best part? it's proven to relieve pain twice as fast as before. bayer advanced aspirin. test how fast it works for you.

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tonight the child sex abuse scandal shaking penn state university. brought former students and school leaders together at a town hall forum held on campus a chance to talk candidly and ask questions. hours later, the first charges against jerry sandusky. penn state named in a lawsuit along with the charity sun dus i can founded for underprivileged kids. the suit was filed on behalf of someone listed as john doe, a 29-year-old man who says he was 10 years old when he first met sandusky. this man is a new accuser, not mentioned in that grand jury report. his attorneys claim he sexual lly abused his client more than 100

times. he is working with a private investigator to prove his innocence. in a report today, he said he talked to one of the alleged victims describing that extremely grand jury report that led to sandusky's arrest. listen. >> what i'm saying is that young man in that office several weeks ago following the charges against jerry and he sat here with this mother and his brother and said he was not a victim, he was the young man that he believed in the shower the night that mcquery said he went in and saw jerry engaging in some sort of sexual act. the young man says he was the boy in the shower as far as he knew but he was not engaged in any sexual acts with jerry. >> sarah beganon joins me now. there was a new lawsuit filed today from this victim. what have you learned about the victim? about the lawsuit? >> reporter: what we know is he's about 29 years old. he's coming forward alleging the

sexual abused by jerry sandusky 100 times but he's not one of the victims outlined in the grand jury. so what we believe from the attorney general's office on going investigation is that he might be talking to police at this point but so far he is not -- he is not one of the eight victims with charges against jerry sandusky, only in a civil suit. >> has the second mild group responded to the lawsuit? >> they did respond. and they're saying only that they're going to respond appropriately to any lawsuit, any litigation that's brought against them and that they -- their thoughts remain with the victims and their families but they're not specifically responding to the claims in that lawsuit which are that they should have known that they should have done something and the same thing with penn state. that penn state being jerry sandusky's employer should have done something to prevent him from having alone time with children. >> i want to play more of your

interview jerry sandusky's attorney today. the attorney claims that the alleged victim told him nothing sexual happened. let's watch. >> he surturned on all the show faucets. he turned all the shower heads on and water was running on the floor. he said he was surfing. he would one from run end to the other and slide across the shower floor. he said nothing sexual occurred. >> i mean this is obviously in complete contradiction to what this coach mcquery or who is then a graduate assistant he saw and testified to what is the attorney saying the victim told the attorney about what coach mcquery testified he saw? >> well, contrary to what the grand jury presentiment says which is that coach mcquery was seen by sandusky and by the boy, according to joey man dole

yashman dolea who says he is victim two, he said he didn't know there was a witness to anything going on in that shower at the time. but two days later, something happened that made that instance memorable. and that was that jerry sandusky said penn state officials said somebody felt uncomfortable about what was going on in that shower two days ago. and i gave them your name. i gave them your number. and they might be calling to ask you if something happened. just tell them what happened. and, you know, from the grand jury presentiment, we know that it's been alleged that no one from penn state ever reached out to that child. so it's very interesting that what joey is saying that penn state officials did know who that boy was. they knew his identity and didn't contact him. >> we appreciate it very much. thank you. >> i want to bring in mark geragos and jeffrey toobin. mark, i want to play another clip from the interview that she did with sandusky's attorney today. take a look. >> what is the point where you

say maybe we should talk about a plea deal? and are you already having the conversations with them? >> no, we haven't. as a matter of fact, you know from your experience, sarah, that people who maintain their innocence sometimes plead guilty just because of the overwhelming evidence against them and there have been many people who go to trial who are convicted of very serious crimes including homicides and executed and later turned out that they were innocent. so there's a lot of reasons why people decide to do certain things. but at this point, jerry has maintained his innocence in regard to the allegations he knows about. >> what do you make of that answer? does it sound like they're considering a plea deal and he is setting the table for that or is he just hypotheticalicly talking? >> sounds like the door is open. i don't know how else to put it. i mean it's a true statement. people all the time take plea deals because it's in their best interest. there is a u.s. supreme court case on point, a california case on point that can you take a plea deal. yes, it's true, people go to

trial and get convicted unjustly. there is discussion about whether or not people have been executed because of that. all of that is accurate. why do you put that out there? it sounds to me like you're telegraphing the fact that the door is open and there's some communication going on. >> jeff, do you agree? >> i agree. although, i think it's important to remember we're really early in this process. i mean there is an investigation that is very much on going. when you have a big case like this, the first indictment is almost always superseded by further indictments that are either broader, as usually the case, or narrower. so i just think it's premature. >> if what his attorney is saying true about what this alleged victim told him or sandusky or is willing to say to authorities, it completely contradicts in the grand jury report. >> it does. and it's possible that there is simply contradictory evidence. it is possible that witnesses told two different stories.

this is what trial prep is all about, learning what the witnesses say and see how strong your case s it's only at that point you decide whether a plea is really the right thing to do. after you look at the evidence. >> mark, this lawsuit by this new victim or alleged victim who has come forward names the university and sandusky and also the charity. how does that work? would they all face trial together? would they merge their defense in a civil suit? >> it's interesting. it's interesting how those are usually handled. if somebody is named as a defendant and here you have three defendants, one of them is facing criminal prosecution or investigation, they can move to have the civil suit stayed which means hey judge, we don't want to go forward with this right now. put ate side until we finish with the criminal. whether the judge does that for one defendant, all defendants, or whether the judge says, no, you can have what's called third party discovery meaning that

they can take the deposition of mcquery that, is really up in the air. judges craft that all the time. it's a very common issue any time you have these kinds of investigations where you've got the civil lawsuits that are getting in the middle of that. remember, in this case you have so many agencies investigating or at least kind of like a flame here to throw civil lawsuits into it as well really kind of mucks up the whole thing. >> mark, is there -- is there a statute of limitations in a civil case like this? >> sure. >> yes, there absolutely is a statute of limitations. and i'll tell you, the criminal case, i think, is going to have to deal with some of the statute of limitations issues. although it's more expansive or it can be read more expansively. the u.s. supreme court weighed in at least on a california statute that has applicability nationally that you can't revive a case after the fact. if it's already at the -- if the statute's already run and the client can't be prosecuted. >> pennsylvania expands echange

law to expand it until they're 30 years old. john doe is 29. it's very significant that he's 29ment 29. by filing it now, gets in on the stat ust limitations. >> the other thing that is interesting is that four of these alleged victims outlined in the grand jury report have had in recent years congenial relationships with sandusky, even going to his home and visiting his wife. >> that may be significant. that may be evidence that no abuse took place. there is also a pattern and sexual abuse cases of people, you know, having continuing relationships. these are very weird and unfortunate and difficult relationships. but that alone doesn't prove that sexual abuse did not take place. >> mark geragos and jeff toobin, thank you very much. up next, new developments in the syracuse sex abuse case. we're learning more about the reported phone calls between bernie fein's wife and one of his accusers and the role a

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like penn state, syracuse university is dealing with disturbing allegations of sex abuse scandal. allegations against former associate men's basketball coach bernie fein who was fired on sunday after a third accuser came forward and espn and a local newspaper reported on a taped conversation between fein's wife and his first accuser. fein has not been charged with any crimes and he maintains he

is innocent. in a 360 exclusive interview, his second accuser described in detail last night on camera what he says fein did to him when he was just a teenager. >> when did you realize that there was something wrong with what he was doing? what did he do to you? >> he touched me. he kept touching me. >> so where though? where did he touch you? >> on my leg an my penis. >> and did you say something to him? >> yes. i said bernie, please stop this because i'm not that kind. i don't -- i won't tolerate it. if you don't want me to come over here, i won't come over here. but if you keep doing it, i won't come over here. >> he was sickened when he heard the penn state sex abuse charges and that's yes came forward. despite the accusations against fein, he is a big syracuse fan. he thinks that jim boeheim should keep his job. >> i supported a friend, that's what i thought i did. i'm proud that i did.

>> mike lang's stepbrother was first accuser to come forward to police in 2002. he refused to investigate because the statute of limitations expired. davis is the one that taped that phone conversation he had with fein's wife laurie. espn released it this past weekend. here's some of that. >> hi. >> right. right. he just has a nasty attitude. because he didn't get what he wanted. you know that. it's about the. [ beep ] . i know that. so you're better off staying away from him. >> tonight we're learning more about that taped phone call and how the newspaper had a hand in getting it made. gary, what do we know? >> anderson, we know a lot more today about the secret audio tape of bernie fein's wife laurie. what we know is this. the local newspaper here in syracuse is telling us tonight that it knew in advance that accuser bobby dave sis going to secretly record the conversation. does that mean it was the newspaper's idea? well, we can't tell that you.

the syracuse post standard is not commenting on the record. but they are saying is a statement. a printed statement that come up. it says after discussions with our reporter and with our knowledge, bobby davis secretly recorded a phone conversation with laurie fine on october 8, 2002. our understanding is that was legal under the laws of utah or for one of the states to record a phone conversation in another state without informing the second party. davis was in utah at the time. it sounds like the paper was giving a little legal advice about placing the call. at this point, the newspaper is telling us that it would have done the story if it could have supported laurie davis saying this incident happened. but they did not hear it direct fli laurie davis. therefore, they waited to see what was on the phone call. they ended up not doing the story. >> so if the paper was involved in reporting the phone call or giving advice dshgs they say why they didn't publish the story after the tape clearly raised a lot of eyebrows or questions?

>> reporter: yeah. well, after listening to the tape, the paper decided it was too vague and wasn't good enough to support the story. the paper kept the tape quiet for nine years until now. police and the district attorney say they have nothing about the tape all these years. when the tape was made public, there were several possessage that's did not seem ambiguous to at all to many people who listened to it including this passage. >> what did he want you to do? you can be honest with me. >> first of all, he was grabbing me and touching me. >> but you never had any oral sex with limb? >> no. >> no. >> he -- he -- i think he would have. >> of course he would. why wouldn't he? >> now the newspaper stress that's espn made the decision not to release the tape. also that's true. but why didn't either organization at least talk to authorities about the tape? the paper stresses police didn't take the investigation seriously in 2002. and that they did not feel comfortable handing over police

material. that's what they said. a lot of questions we have for the newspaper. once again, they have made the decision not to talk to us about that. anderson? >> you know, i'm wondering, whatever happened to the statement that we were expectsing from laurie fine about the audio tape? >> it was very interesting. two days ago we heard from the nephew of laurie fine she was going to make a statement, a written statement saying that audio tape was misinterpreted. we didn't get the statement. we went to her door and tried to ask her personally if she had a statement to make. it was a very short conversation. only like 30 seconds. what was notable about the conversation, she did not say anything about any statements she wasn't going it make it. back to you. >> gary, appreciate it. breaking news from the campaign trail. we take you tloif manchester, new hampshire. herman cain talking to reporters. let's listen in. >> what kind of distraction would that be? what is your response? >> my response relative to the question of will there be other distractions, if you look at the fact that i have been -- my

career was in business for over 40 years. i have worked with thousands of people. i can't possibly say that someone won't trump up another accusation. it just goes with the territory. so there's no way that i can guarantee that some more mess as my grandmother would say, is going to come up. and so there's no way that i can say that. >> is it problematic as the nominee? >> it makes me problematic if you looking for someone with no blemishes and no accusations. when was the last time we had the perfect candidate with no blemishes? you don't have to answer that. my point is this -- if your opposition is determined to bring you down, they will stop at nothing. now notice -- notice all of the

attacks that have been on me for the past few weeks, they stopped attacking 9-9-9 because it's solid. i ruled out my national security foreign policy strategy yesterday at hillsdale college. it is solid. the only thing that they are trying to do to bring me down or to knock me out of the race is character assassination. that's what they've all had in common. and so as a result -- one moment -- so as a result of me being an unconventional candidate and someone who is going to fundamentally take power out of washington, d.c. and give it to the people in terms of restructuring the tax code, that's what they feel the most. yes? >> you say publicly that you're reassessing, re-evaluating. how do you expect supporters to throw their support behind you when they don't even know for sure if you will still be in the race? >> as a businessman, that's what we do.

we reassess and we re-evaluate. i have said before, i do not make decisions based upon a knee jerk reaction. that was several things that we're evaluating. i'm evaluating the impact of all of this on my family first. my wife and my family is important to me like it is to anybody. >> how is your wife? >> she's doing great. >> number one, and so since i've been campaigning all week, i haven't had an opportunity to sit down with her and walk through this with my wife and my family. i will do that when i get back home on friday. secondly, re-evaluate the support of my supporters. it has been overwhelming so far. thirdly, re-evaluate the impact that this has on fund-raising. the day that this latest one hit, fund-raising went way down. i admit that. because a lot of people were in doubt. that's not unusual. but here's the good news. as the week has gone on and this

woman who has made these accusations is basically starting to contradict herself, our fundraising is going back up. it's not to the level where it was but a lot of people are saying you know what? they don't believe it. the other thing that i'm reassessing is our campaign strategy. we have some campaign strategy up to last weekend and so given everything that's going on, we might preprioritize some things. that's why. and so i believe that my supporters will respect the fact that i consider all of the information before i make a decision and i think they respect that because that's how i make decisions. >> mr. cain, one more question. >> pardon? >> you haven't sat down and discussed this with your wife yet? >> that statement is not true. i have -- >> i'm just repeating what you said. >> i have discussed this with my wife many times since monday.

you are making an accusation, quite frankly, that is not true. now, i said -- >> you said -- >> i said face-to-face. are you going to be contentious or do you want me to answer the question? i have talked to my wife many times since monday about this situation. i've not talked to her face-to-face. that's what i said. we have had many lengthy conversations. this is another reason why that i not going to make a decision until after we talk face-to-face. that's the difference. >> last question. >> you said earlier you were going to have a week or two and a third pillar of your policy right now. you are going to go through with that third energy pillar at the very least? >> the third pillar is going to be about energy. >> you are going to go through with that in the next week or two? >> right now, we're still putting that together. and that will be announced if i make a decision within the next few days about what i'm going to do relative to the campaign.

the thing about me is that regardless of the decision that i make, i'm going to continue to develop these ideas and these proposals. why? because they're good for the country and they're good for the american people. >> thank you, everybody. thank you. >> last one. yeah? >> we all have long term relationships and friends. what do you want people to understand aboutginger? >> let me answer this way, 9-9-9 is going to turn this economy around. peace through strength and clarity is what we need in order to basically be respectful of our men and women in uniform and energy independence is most critical to this nation for economic as well as national security reasons. thank you all very much. >> great job. >> herman cain responding to reporters' questions. jeffrey toobin is here as well. clearly he is saying he's going to have a face-to-face with his wife. i think he said on friday.

and then make a determination about whether to move forward. >> it was a less than categorical assertion he was going forward. it's hard to imagine that his fund-raising could be doing much. who would give money to caned date who candidate who definitely is not going to be in the race. he was asked if they went to the fight, ginger says is one of the many trips they took together. a lot of unanswered questions. ginger white hasn't come forward with proof. herman cain hasn't been able to explain the nature of their relationship over 13 years. >> hard to imagine that there could be any way he explains that relationship that's going to make people want to elect him president. as long as he's talking about ginger white, kint believe he is going to be going up to the polls. >> yeah. you know, for a day now he's been saying he's reassessing. he's been using that language. in this statement