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hello. nice to have you with me. i'm ashleigh banfield and we just love to show you things that you've never seen before. so feast your eyes on this. dow jones industrial at never before seen heights. pushing the dow far above its previous record set just before the bottom fell out. alison kosik has been watching.

why exactly is the dow as exciting as it is? >> that is really the money question. you sit and you ask just about any trader on this floor and they'll tell you this rally is really being driven by the federal reserve. what the fed is doing is it's buying up $85 billion worth of treasuries. and mortgage backed securities every single month and what that's doing is pushing interest rates lower and making stocks the more positive investment for people. really the only game in town for many looking to make money. so you do see the disconnect. but at the same time, we have come quite a ways because the last time we were at levels even close to this, it was more than five years ago and since then, the recession has gone, unemployment has spiked and gone down a bit, our u.s. debt has been downgraded, but interestingly enough, it's not just the dow. it's also the s&p 500. we're watching that level and although the s&p 500 isn't always get the bells and whistles of the headlines, it is

the index that really our 401 ) 401(k)s track. so it could be the bigger dean when it reaches its record level which is 1565. right now at 1540. >> since you mentioned it i'll bring up the nasdaq, as well. ali, if stocks and the market is the only game in towns as you like to mention it, t.i.n.a., there is no alternative, then why is the nasdaq still so far off of its record? >> well, let me put to you this way. and let me get my collar straight here. i look a mess. the s&p 500 not being at a record, but if you invested in the market on march 9th of 2009, which was the bottom, the worst of the recession, you'd have made more money in the s&p 500 than you would actually have done so in the dow. so at some point, you shouldn't be entirely invested in the indices, you should be invested in mutual funds some of which

track the dow, the nasdaq. when you diversify properly, you have small cap, companies in other places in the world and precious metals. the dow is just 30 companies. but here is the hinge. whether the dow or the s&p 500, these companies make most of their money outside of the united states. that's part of why they don't track our economy the way they would have 100 years ago where it was all about the u.s. economy and the u.s. was by far bigger than all other economies combined. these days you've got europe that's as bigs as the united states, you've got asia growing, so that's part of it. the market looks ahead. the economy as we stand doesn't look as good as the market does. but it is t.i.n.a. as we discussed this weekend, there is no alternative at the moment to getting good returns for your investmen investments. >> wish the jobs market was as good. thank you. keep your eyes on it and let us know how the day finishes out. there is another major winter storm pounding the upper

midwest and it is heading east. chicago aviation authorities reporting nearly 1,000 flights have been canceled. 770 at o'hare and 215 at midway. so i'm sorry if you're watching me at the airport. sul you' you'll be sitting there for a while. jennifer delgado is tracking the snow for us. >> reporter: here we go again. >> this is the real deal. >> reporter: another winter storm is gearing up in dumping tons of snow from the dakotas to the east coast. this is authoriis north dakota, fell. >> the roads are icy. you can't tell, but they're icy. >> reporter: minnesota is seeing round two of a one-two punch. some areas there could also get a foot of snow. it's already caused plenty of wrecks. just look at this, you can follow the tracks from the road

all the way down to where the car ended up overturned. air travelers are caught in the middle of it. hundreds of flights have already been canceled for today. this man had the right idea when he left last night. >> getting out ahead of the weather, we'll fly out to san diego and beat the snow. >> reporter: it's been a relatively mild winter so far in chicago. but that will change today. and that's right, it's already changing. you see in the snow coming down, it will only get heavier as we go through the afternoon. by the evening commute, it will be a mess out there for people driving home from work, we're expecting 6 to 8 inches of snowfall. now let's talk more about the forecast as we head over to our radar, if you notice for the midwest, we are talking more snow out there. and it's going to be building up. you can see on on our graphic here, we're talking for areas like minneapolis as well as over to regions including indiana, 4 to 8 inches.

in some locations possibly 10 inches of snowfall. as we track the storm for you, we take it through this evening, it will be moving in to indiana as well as into western parts of ohio. yes, it will be moving and it will cause troubles all along. big snow will be setting up for the east. we're talking the mid-atlantic region right along the mountains, we're talking more a foot of snow. but it gets tricky when we get into washington, d.c.. i know everybody wants to know what is washington, d.c. going to get. well, they will be right on the rain/snow line. we have a real tight gradient just there. so some locations we are talking the potential of 8 inches of snow for the d.c. metro area, the western region certainly going to get more snow than the east. and that's because of the effect of the water. it will be warmer over towards the east. so we still have to track this system. we're also talking about very strong winds. even here, we'll see wind gusts up to 30 miles an hour. that of course is causing the travel delays at o'hare where

thousands of cancellations between that and midway. when that moves over toward the east, a lot of people will be watching you in the airport. >> yep. and that groundhog was lying. jennifer delgado, thank you from chicago. >> i know, he was. i don't trust him. more comings and goings in vatican city, but still no date for the all-important conclave to choose a brand new pope. a spokesman says five of the voting card that wills haven't even arrived yet. one sign of progress, the sistine chapel has now been closed to visitors. to asia now, north korea threatening to scrap the 1953 armistice that ended the korean war. if the u.s. and south korea continue joint military exercises. the north is also citing a u.s. move to impose new substantial sanctions in response to north korea's recent nuclear test. at least the united nations sanctions. officials in venezuela say

hugo chavez is fighting a new severe infection and breathing with greater difficulty today. his overall condition remains, quote, very delicate. chavez returned home from cuba last month where he had been receiving treatment for aun specified form of cancer. macy's loves martha. and then pjcpenney woos martha. mars martha on the witness stand. we're on the case after this. [ male announcer ] the lexus command performance sales event has begun. featuring the exhilarating is. ♪ engineered to take on the most thrilling curves no matter where they are.

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martha stewart means business. big business for macy's, which has sold her ware since 2007 and potential business for jcpenney which is kind of desperate to sell something. anything that customers want. but macy's says we had her first. and now all three of these parties are in a new york courtroom. christine romans says the deal was a recipe for trouble.

>> reporter: it's been eight years since martha stewart left prison serving five months for lying about a stock sale. good-bye rap sheet. hello cotton sheets. a deal with macy's helped her company rebuild. >> macy's was real important in getting her a leg up. >> macy's obviously recognized the brand and the value of the brand, the yacht of the merchandise. >> reporter: now stewart is back in court. macy's a suing her company over a deal with jcpenney. her defense, a contract loophole, quote, the macy's contract is written to allow martha stewart living to sell a broad range of products at jcpenney with no restrictions whatsoever in a store inside jcpenney. but brand experts say the suit is trouble. >> she was married to macy's p. but she went off and had an affair, i mean, and got in bed with a direct competitor. and i think it just shows really bad form. >> reporter: stewart's company

struggling losing $56 million in 2012. it laid off workers. the shares are beaten down and last year the hallmark channel canceled the martha stewart show. these aren't exactly salad days, but neither was the inside trading case. >> i want to focus on high salad. >> reporter: how she wants to focus on retail. 29% of her company's revenue cass from merchandise. you can find her wares at home depot, pets smart and even staples. and if she prevails, jcpenney. >> i suspect the court will allow jcpenney a certain number of products that are going to go into their stores, whether they're branded by martha stewart are or not. >> reporter: but at what cost? >> i don't think any other business will want to get involved with her in the future. i think she's really hurt her brand and her herself. >> reporter: very messy business dealings for the woman who pedals perfection.

>> christine romans joins me live. i've always been a huge admirer of your journalism but you scored a quick conversation with martha stewart herself? what did she say to you? >> they were taking a quick break while the judge hammed a motion in a different case. and she came of on the stand and came right over to me and we started chatting about the teed yum of contract law and the teed yum of going through that particular contract for the past hour as we had been. and i asked her how she felt about her testimony, how she felt about how things were going and she said i feel good. i feel good. but we know there's a the lot longer to go in the testimony today. they were just getting up to the beginning of her macy's contract and her early talks and designs with jcpenney. so clearly a lot more to go through here. and it is a contract dispute at its core, of course. but when you throw in the celebrity of martha stewart and two hold houusehold name brands a little sexier. >> she's a nonexecutive compa

chairman. she's not a ceo. and there is a big difference in how much clout and minutia you deal with every day. so i want you to just if you can quickly separate those two out for me and tell me why martha on the stand means anything if she's the nonexecutive. >> because she is the one who is making deals with terry lungren from macy's and the new ceo of jc pen any. the e-mails and telephone calls have been about martha's interaction with the ceos. what you've seen this morning is you've seen the macy's -- will i would say a pretty take may issues may sis's attorney who has been talking about what the expectations and essence was of the contract with may sis's and whether she was going behind macy's back. there was a really interesting moment, too, i'll tell you where the macy's attorney said is somebody going to buy an eight quart enamel cast iron martha

stewart casserole at one side of the mall and walk to the other side and buy the same product? and she said they could. they might have two houses. they might have two kitchens. so it was a very interesting moment where all the reporters in the court kind of looked at each other and began typing furiously. you'll see that line in every news story about this trial. >> i would buy both just because i love her stuff. i'm crazy like that. and you have great job today. a fun story to cover. so thank you. >> and the dow is at highs. so what a crazy day, right? >> great day to be in manhattan. a ufo, another reason to be in manhattan, or at least new york, a ufo spotted over new york city. go figure. the pilot says he knows what it was, but has no idea what wr it came from. there's nothing like d lobster and lobster tacos. the bar harbor bake is really worth trying. [ male announcer ] get more during red lobster's lobsterfest. with the year's largest selection of mouth-watering lobster entrees. like our delicious lobster lover's dream, featuring two kinds of lobster tails. or our savory, new grilled maine lobster

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the faa is checking out a pretty frightening report from jfk about a drone right in the middle of a flight path. an incomining italia flight radioed about an aircraft where it shouldn't have been. even innocent gadgets can cause

serious trouble. >> you don't want your airliner coming in conflict or colliding with a drone really of any size because even a shawl radio controlled helicopter that you can buy at the store if it was ingested into the engine could cause that engine to shut down or perhaps worse. >> in this case the passenger jet that reported this did land safely and two other planes that were in the same air space said they didn't see the drone at all, but the investigation is ongoing. this is the first full week of the $85 billion in forced spending cuts. you can feel it? battle between the president and the republicans certainly doesn't seem to show much of a sign of letting up anytime soon. in fact just a short whiling a go, the house leadership sounded off and the next looming crisis, the possibility of a government shutdown later on this month. here now for you is the house speaker john boehner sounding somewhat conciliatory. >> spending is the problem here

in washington and our goal is to cut spending. not to shut the government down. the president agreed last week that that should be our goal. and i'm hopeful that this continuing resolution will find passage both in the house and the senate. >> joining us now is john king and wisconsin governor scott walker. john, let me begin with you. i led into the house speaker's sound bite by suggesting it was somewhat conciliatory. do the democrats see it the same way? >> well, listen, the speaker has laid down the line that he won't raise taxes as part of any deal to end the sequester or part of what they call the continuing resolution. part of the dysfunction is governing by a gimmick. it's been 16 years since washington passed a unlg about either the way it's supposed to. i'm getting the governor would like to have that flexibility on occasion. so in the continuing resolution,

the republicans are working on one in the house, bipartisan group working on one in the senate. it's conceivable that they could send to the president something that funds the government through the end of the fiscal year. but the republicans in both chambers say they won't take away those cuts. and so the question is they are moving forward in a cr, the continuing resolution, in a relatively positive way right now. but there's plenty of opportunity opportunity we've seen in the past for this to go off the tracks. >> this doesn't seem as intransigent as i'm saying last week's argument which was absolutely -- the line has been in the sand on for a long time on those spending cuts and they're we ar here we are at th came reasoning instead of getting the budget, we're just getting the band aids. is there a sticking point at alg the budget, we're just getting the band aids. is there a sticking point at l all? >> i would say it's the trust deficit. this is about trying to get a budget, trying to get budget

deficit reduction. but it's the rust deficit, so they keep going from mini crisis to bigger cries city back to mini crisis because they don't trust each other to pass a real budget. if they fund the government through september, maybe then there's the breathing space to take a little break, maybe go to a beach, get away from each other and then come back and say can we actually talk about the big stuff which would mean deeper spending cuts, including entitlements. and the president will come back to revenues. he'll want tax increases as part of that. there is a chance the cr would be a circuit breaker. however every day that passes gets us closer to 2014. democrats have an outside chance of getting the house back. so politics its kicks in to every one of these conversations. >> governor walker, let me get to you jump in. the intransigence on both parties has been deplorable according to most americans who are asked and who know about this. at the same time, the republicans are taking it on the chin a whole lot more than the democrats are.

and when you have the house speaker saying over and over and over again, you know, revenue increases are not on the table, period, i've heard you say otherwise. i've heard you say and i think in a bloomberg interview maybe down the road. how do you peel about t you fee speaker's position, do you agree or disagree? >> i certainly think it's a problem right now. what i mentioned on bloomberg was the concern i had is the economy is gist slowly starting to recover, the last thing we need to do is take more money out of the private sector and put it in the hands of the government. that's certainly my concern. i don't want to see a slowing down or even a reversal of the economic recovery. but last monday i and most every other governor in america was at the white house and one of the suggestions i raised to the president was that if he didn't like it, i think most of us agree, the arbitrary nature of the sequester cuts, the perfect alternative is for him on on on do what most governors have done, and that is bring his cabinet in, put together a responsible list of reductions,

and provide it as an alternative. and i think both house republicans as well as maybes of the senate would go along with that if they were a viable alternative to sequester cuts. but just saying we'll change things and suddenly ask for higher taxes as well as maybe cuts in the future, i don't think it's must have to get past the sequester deal. and remember, eait's not just wt happened last friday. it's another part that happens on the 27th. we'd like to on get past that on a reasonable basis. >> john said there is somewhat of a luxury for a governor who doesn't have the luxury, rather, of careening from debt band aid to debt band aid, but i can't imagine that you would want to be a part of the house and senate and the gridlock. john's laughing. add to that, john. >> governors have to balance their budget every year. and people have always talked about i'm not endorsing any proposal, but it's one of the reasons some people want a balanced budget amendment, others say go to two year budgeting. i do think it's been 16 years

since washington passed a budget according to the rules. so it's not just this republican house and this president. i would say because of that trust deficit and because of the constant campaigning for the next election, they've taken the dysfunction to new lows. >> and governor, last word on that. trust deficit. is this the biggest problem right now facing washington? >> no doubt john is right. you had the sequester, but before that, you had the fiscal cliff, all these in some ways self manufactured cries cease, congress punts things down the road, they kick the can to use several metaphors there, but they don't really solve things. in our state, we took a $3.6 billion budget deficit and turned it into a nearly half a billion dollar surplus. we're not alone . most of us would wish people in washington would step up and lead and get us back on track. >> i think every one of us wishes that. governor walker, thank you for taking the time to be with us.

john king, always a pleasure. coming up next, i want to take you into a courtroom where a woman is fighting for her life. you know her by now. jodi arias, whose name is now almost synonymous with sex, lies and murder. erstand. our financial advice is geared specifically to current and former military members and their families. life brings obstacles. usaa brings retirement advice. at od, whatever business you're in, that's the business we're in. with premium service like one of the best on-time delivery records and a low claims ratio, we do whatever it takes to make your business our business. od. helping the world keep promises. two. three. my credit card rewards are easy to remember

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get advice from the people who share your values. for our free usaa retirement guide, call 877-242-usaa. in about an hour, jodi arias will return to the witness stand in the murder trial of her boyfriend, travis alexander. her defense attorneys are in the middle of their redirect questioning if you're keeping track because she's been on the stand a long time. randi kaye will recap monday's fireworks and i have a quick warning for you, some of this him testimony is pretty darn graphic. >> reporter: after damaging week on cross-examination, the first order of business for jodi arias's defense team was knocking down any hint at premeditation. >> did you go to mr. alexander see home on june 4th with the intent of killing him? >> no, i didn't. >> reporter: another attempt to

convince the jury she murdered travis alexander in self defense. even though she's changed her story three times. testimony quickly turned to arias' broken finger on on her left hand. the prosecution has tried to prove she hurt her finger while stabbing her ex-boyfriend dozens of times. and dragging his bloody body around the house. to dispute that, arias' defense lawyer offered a show and tell. >> and that is the injury you incurred when you testified to having received when mr. alexander was kicking you in the ribs and he ended up kicking your hand, correct? >> that's correct. >> reporter: arias says alexander broke her finger six months before the murder, the day after she caught him allegedly masturbating to a photo of a little boy. she claims he became increasingly violent after that. even though the couple had broken up, arias says she and alexander continued to have sex. but she wasn't the only one alexander was seeing. now the state has painted her as

jealous and obsessive, but here in court, arias portrayed herself as unfazed by this other woman. she even asked alexander about her. >> i didn't want to be confrontational. i wanted to just throw it out will and let him know it's okay if you're dating someone, you can let me know. i'll be cool about that. >> reporter: again, the couple's sex life was on full display. the defense worked to convince the jury it was alexander, not arias, who was the more experienced sexually. listen to will recording of the couple's phone sex played in court. >> you cannot say i don't work that booty. we've had two and three hour sessions many times. >> reporter: there was also in question about aen counter of oral sex in the car. >> did he do anything to make you believe that this wasn't his first encounter of this nature? >> yes, he flipped the visor down and angled the mirror so he could have an additional visual vantage point. >> reporter: but what about the

text message arias sent alexander saying she wanted to dress up like a horny little school girl? >> was that the idea of the school girl and the outfit, was that something that you were interested in it or was it something you were doing to please him? >> it would be more for his pleasure because just being with him was enough for me. but he enjoyed that kind of stuff. >> reporter: all along, the prosecutor has painted arias as the one who unleashed alexander's sexual appetite. the defense tried to counter that. >> so based on what you've told us in your testimony, before you met travis in your sexual history, you would have had anal sex no more than four times, is that accurate? >> that's accurate. >> reporter: and what to make of arias' strange behavior at alexander's memorial service? she left him a note shown in court telling him she loved him,

remember, this was less than two weeks after she slit his throat nearly cutting his head off. >> well, i still had love for him, yes. and i was thinking now more in terms of eternity. >> reporter: arias told the court she still had deep love for alexander on june 4th, 2008, the day she killed him. randi kaye, cnn, phoenix, arizona. and there are just so many issues to discuss in this case. this is the a-team, ryan smith and vinnie politan and they are with hln following every moment of this case. back right after this. a nice s. meet the 5-passenger ford c-max hybrid. c-max come. c-max go. c-max give a ride to everyone it knows. c max has more passenger volume than competitor prius v and we haven't even mentioned... c-max also gets better mpg.

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just day 15 if you're counting. jodi arias on the stand. and let me tell you, 15 days of dirty, dirty details in this case. let me start with you on the most significant part of all of this, vinnie, and that is when you're on the stand that long,

it can't be helpful to your case. >> complaiit can't be, but she' chatty, she likes to talk. >> but creepy. >> but she likes to talk about herself and she likes to talk about her relationship with travis alexander. so i think that gives her a sense of contract on the stand because she's talking about what she loves to talk about. >> but speak has a smirk on her face. maybe it's just me and maybe i'm the cynic in the room, but i find it so displeasing to seat matter of fact discussion and i get it, these are facts, she's in court, she's trying to save her life, but there doesn't seem to be much contrition. >> not when the defense questions her, then the attitude changes. you see the sort of snippy was with the prosecutor. now we see the emotion coming out more. that's why she's on the stand so much. the more she talks, the more she explains, she thinks the more they will connect with her and it only takes one. >> there's a diary in this case,

almost like a gift from god. you have a defendant with a diary detailing all the things she went through. sometimes he was troubling. they ever was he violent in her own private thoughts. this has to be a morable fact. >> it's really bad for the defense. and the prosecution points out on cross-examination, you talk about that he mangled your finger, that he beat you, that you walked in on him pleasuring himself to images of little boy, yet no mention of it in your journal? >> awfully convenient we're hearing about it now in a death penalty case. >> and the bottom line is the best facts in her favor are unkrob ratu uncorrobora uncorroborated. they just come from her homouth. >> she's lied admittedly. i don't like liars. >> it's hard because the only uncorroborated evidence is things like alleging that he's a pedophile and all these kinds of things that are way beyond what she needs to get an acquittal. >> beating up the victim. >> exactly. but let me say this about the

journal. yesterday on the stand, her defense brings out that there are ripped up pages. she took some out. who took the rest out? and she said travis also read the journal. >> and jurors get to ask questions. almost unheard will of. some states very rare. this is magic. >> it is. it's important. but lawyers hate it. because they can't control it. all of a sudden the witness is being asked questions and we have no control. so both sides are a little wary. but when it's over, they get to ask. >> i said the c word, casey anthony coming up after the break. don't go anywhere. but that doesn't mean i don't want to make money. i love making money. i try to be smart with my investments. i also try to keep my costs down. what's your plan? ishares. low cost and tax efficient. find out why nine out of ten large professional investors choose ishares for their etfs. ishares by blackrock. call 1-800-ishares for a prospectus which includes investment objectives, risks, charges and expenses.

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with xerox, you're ready for real business. back in black. you don't though how much i wanted to sing that. but this is a broken plussered casey anthony. forced out of hiding by all things her creditors. it was her first public appearance since her acquittal in the murder of her 2-year-old daughter, caylee, back in 2011 and as usual, the scene was nuts. and if what this woman is saying is true, let not forget how she lies, she has about $1,000 to her name and she is in debt for about $800,000. most of it legal fees. the jobless 26-year-old says that she lives rent free and that she's supported by, quote, the kindness of others.

>> isn't that special. >> you know, i didn't think that we would be joined again together to talk casey anthony, and here we go. is it because she hasn't given an interview to tell her side of story without being on a witness stand? >> this is what's going on -- go ahead. >> look, she's there, if you believe her claims and if that judge says this is the kind of money you have, she's going to get that bankruptcy and the big repercussion is she has three or four different lawsuits against her. >> and zenaida gonzalez was the only one to show up. >> and that might go up. >> i spoke to matt morgan this morning about it. >> he likes the publicly tis. >> and they'll keep going forward. the this is what the bankruptcy is all about. it's about casey anthony telling her story without getting paid. if the civil suits go forward like the zenaida gonzalez suit, she has to sit down in a deposition and answer questions without getting paid. and she doesn't want to do that. that's why she appealed her

criminal convictions which she's already served her time for. that's why she's filed bankruptcy hoping it all goes away so she can get paid to talk because she doesn't want to tell her story and answer qui questi without getting paid. >> i won't suggest for a minute that she's been doing this, but if she's been secretly talking to the dr. phils of the word and forging a $3 million to $10 million deal for that first interview, if she gets the bankruptcy proceeding her way, and she's declared bankruptcy, and then in a six month period magically comes up with a $5 million deal, can she keep all that money? >> oh, no. depends on what the bankruptcy court decides. but would you rather let's say you get that money in, maybe you got to pay off jose baez and other, or you get that money and you still got to pay or millions to the possible creditors that could you have through those lawsuits. what they want to happen is make the lawsuits go away, the civil suits, with the zenaida gonzalezs and everybody else. therefore i just have to worry

about the $750,000 that i owe. >> i still don't understand why it's a defamation case because you have to have some kind of malice, and she didn't even know who she was. she just picked the name out of -- >> she's a member of the private sector and not a public figure. if i defame ashleigh banfield, you have to show malice. but i would never do that. >> that's why you're himy guest. coming up, there is a senator so angry he will tell anyone that will listen that the press got it wrong on a story about prostitution. and there is a prostitute saying she lied. it is not pretty. three. my credit card rewards are easy to remember with the bankamericard cash rewards credit card. earn 1% cash back everywhere, every time. [ both ] 2% back on groceries. [ all ] 3% on gas. no hoops to jump through. i earn more cash back on the things i buy the most. [ woman ] it's as easy as... one! -two. -[ all ] three!

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sex, lies, individuvideotap money. remember the allegations senator made mendes parties with property duties? he denied those claims to dana bash last month and it is looking like it just might have been a big made up story. the conservative website the daily caller first reported all of these allegations running video from a nameless woman who said that -- or several women that said that they had sex with menendez and in fact were paid. but according to new court documents, an affidavit, 23-year-old nexis de los santos said she was instead paid to read a script, just read the story scripted. for its part, the daily caller says that santos is not one of the two prostitutes that it interviewed for its big dana bash, it gets more

complicated by the moment. what we have is someone who has gone on record legally with an affidavit saying this was a lie, i was pay to to lie. this is causing serious problems. >> reporter: as you can imagine, senator menendez told us it was not true, eager to say effectively, i told you so. listen to what he said a couple of hours ago. >> i don't know more than what i've read. but i do know that, from the very beginning, i said that nameless, faceless anonymous sources took the name from right wing blogs took the story which were just false smeerz right before an election cycle and drove it into the mainstream press but never anything other

than false smears. >> reporter: now, the obvious question at this point is, who was behind this, if it was in fact false smears or instigated by a lawyer who apparently who is in the dr, dominican republic, who organized this. the response from senator menendez was, your guess is as good as mine, but i hope they find out. one twist is that abc news is reportingen its website that that organization, along with the daily caller were given the opportunity to interview these women by republican operatives, they say that they are protect these operatives' anonymity but they're republican operatives. that adds another dimension, one that does play into senator menendez's allegations this is a political smear but it's just the surface and difficult to get answers. drew griffin has been in the dominican republic trying to find the lawyer. he didn't show up for an interview. one other thing i should pint

out, ashleigh, that is that this the salacious part of the story talking about prostitutes. fbi is still investigating senator menendez and influence pedalling to help one of his major donors and that is ongoing. >> so the plot thickens in the prostitutes, and the investigation continues in that secondary issue which is by no means a small issue. thank you for that. a want to tap into my legal team of experts. joining me defense attorney, joey jackson also "in session's" contributor, and florida court judge david young. i want to get you to jump in on this. dana bash said that abc news has said that it was, quote, republican operatives that provided them with these names of prostitutes to interview. that is troublesome. is it possible we could see reporters or media executives on the stand being asked for their

sources? >> well, that's a definite possibility. it's amazing to me that a credible news organize like abc news would rely on a right-wing blog and republican political hacks. you know, you expect certain news organizations to rely on that type of garbage, and they report on it all the time. but abc, cbs, cnn, they should have known better. they really could cause a ripple effect and it concerns me about the anonymity with the sources. >> i'll stand up for them, and here's why. sometimes your dealt the hand you get. as a prosecutor, sometimes you use rats from jail cells to make your case. sometimes news organizations gets tips from yucky people and take tips to other people, interview them, get the story and it sounds like this may have been what happened here. joey jackson, weigh in on this. i still want to know if we're going to have one of those moments where the media has to cough up your source in this criminal investigation or you, yourself, are going to go to jail. >> boy, it remains to be seen.

two things i think about offhand. one, poor senator menendez. the impact this had on him, and is having on him, until now. and then the second thing is, politics is a nasty business, thank goodness i decided not to go into it. but ultimately, yes, i think there will be a full and fair investigation into the case. i think it could come to the point where we get into privileges and that is media protecting sources which rightfully, and historically they have done for the integrity of the process. stand by on this one because the investigation continues for sure. >> let me make sure that our viewers know. if you're googling away trying to find abc's story you're not going find it. this is dana bash's reporting and she's got lots of sources on capitol hill that let me tell you this, i think it's got some legs and if i were a betting person, i would guess this is going to be a big issue for an investigation. can you two stick around? zblfx. for you ashleigh, anything. >> anything, of course. >> another interesting story. if you find a surrogate mother

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