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interview, go to the brook blog. that does it for me this monday. thanks for being with me. we send you to washington. "the situation room" with wolf blitzer begins now. hey, wolf. thanks very much. happening after blood chilling threats of war, north korea calls off the truce that ended the last bloody conflict. the u.s. says it is ready for anything. is there a way back from the brink? six teens are killed when their overloaded suv flips into a pond. we are on the scene of an ohio county's deadliest accident ever talking to survivors and grieving families. and years from now, routine hospital visits could often be fatal. why super bugs resistant to antibiotics could pose a catastrophic threat. i am wolf blitzer, you're in i am wolf blitzer, you're in "the situation room." -- captions by vitac -- www.vitac.com

we begin with ominous new threats raising fears of a new war in what may be the most dangerous quarter of the world now. toengss already high in the u.s. and south korea, conducting military exercises. they say they will scrap the truce that ended the last war. stakes couldn't be higher for thousands of americans, serving as a trip wire between a million heavily armed north koreans and more than a half million south koreans. let's go to cnn's foreign affairs correspondent jill dougherty. she has the latest. this is a tense korean nins. >> it is. it is not the first time north korea threatened to rip up the armistice with the south, but the dmz is the most militarized border and each side is on hair

trigger alert. as thousands of american and south korean troops carry out joint military exercises, tension on the korean peninsula heats up. kim junk un's regime, furious over united nations sanctions for the latest nuclear test declares null and void the armistice that halted fighting in the korean war 60 years ago. at the demilitarized zone between the north and south, pyongyang cuts off emergency section of the south. drawing fire from barack obama's national security adviser. >> there should be no doubt, we will draw upon the full range of our capabilities to protect against and respond to threat posed by north korea to us and allies by north korea. >> the u.s. immediately imposed

sanctions and warned china about its relationship with the north. >> we believe no country, including china, should conduct business as usual with the north that threatened its neighbors. >> the south with its new president says it is considering developing is own nuclear bomb. a highly flammable mix on a peninsula with more than 28,500 troops, more than 650,000 south korean force and over a million forces led by kim jong-un. >> this particular combination, the intense rhetoric, also unpredictable leader makes this a pretty tense moment. >> and the u.s. military intelligence is watching north korea very carefully. they have increased surveillance. so far they say they have not seen signs of any unusual north korean troop movements. wolf? >> they hope it is just verbal

bluster. >> that's the problem. is it bluster or could it be real. it is steps the north has taken under this relatively new leader are really very different and very threatening. >> much more coming up. they are called green on blue attacks. a gunman in the uniform of afghan security forces killed american troops. the shooting came as defense secretary chuck hagel wrapped up his first visit to afghanistan as secretary of defense and follows another outrageous verbal assault by karzai. barbara starr joins us with the latest. it was a slap in the face to the defense secretary, the way he was treated by karzai on the first visit abroad as the defense secretary. >> well, indeed, wolf. and chuck hagel within the hour is expected to land back here in

washington after that visit that was very difficult, very tense, violent, and now tragic. afghan ambulances on scene after a gunman wearing an afghan police uniform killed two u.s. troops and wounded ten in a province west kabul. it is one of the worst potential insider attacks by someone in an afghan uniform killing coalition troops. >> we are still doing the investigation together with the afghans. >> the attacker fired with a machine gun at u.s. army green berets and afghan forces standing together outside at the base where they live and work together. the assailant was killed. it happened in the very province where just two weeks ago afghan president karzai ordered commandoes out claiming they were involved in attacks on civilians. u.s. officials denied the allegations. the top nato commander says he's

still trying for a deal and vows to keep his troops safe. >> and we agreed we would continue to work the issue with his ministers to ensure we had adequate protection for the force. >> nato believes it is a key route for insurgents trying to get to kabul and attack inside the capital. within hours since arriving as defense secretary, chuck hagel was greeted with such an attack. a suicide bombing near where he was meeting. hagel also facing karzai's accusations the u.s. is colluding with the taliban. karzai saying every day there are on-going talks between the taliban, the americans, and foreigners. >> i told the president it was not true, that the united states was unilaterally working with the taliban in trying to negotiate anything. >> an irritated white house went

further. >> any suggestion the united states is colluding with the taliban is categorically false. >> and the sad irony is these attacks in the province that killed and wounded so many americans came one day after president karzai's demand that u.s. troops get out. the deadline would have been yesterday, wolf. how difficult was chuck hagel's visit with karzai? well, they were supposed to have a joint press conference in front of the afghan and u.s. and nato press corps. that did not happen. one official saying to me they just couldn't be sure that karzai wouldn't show up and start ranting against the united states with the secretary of defense standing there. wolf? >> you know, it is pretty insulting when you think about it, the u.s. has 66,000 troops that are still in afghanistan right now, spending about $2 billion in u.s. taxpayer money every single week, almost $100 billion a year, barbara, and

this is the way karzai treats the defense secretary, the new defense secretary, won't even go and have that traditional news conference at the end of that visit. >> to be clear, wolf, the pentagon's official reasoning was that it was due to security, but that doesn't say much either, does it, about the state of security in the presidential palace in kabul that they could not be sure the international press corps would be safe for a press conference. this gets murkier as time goes on. chuck hagel said he understood some of the allegations of karzai, that he was playing to his domestic audience inside afghanistan, but the white house is getting pretty irritated with all of this. >> i would suspect this will accelerate pressure for withdrawal of all forces from afghanistan. right now it is supposed to be another two years by end of next year. another 100 or $200 billion. i suspect pressure will grow from congress to accelerate that

withdrawal. we will have more on this coming up, barbara. thanks very much. in the vatican, everything is in place for election of a new pope. the chapel ready for the meeting of cardinals, including the copper chimney which will emit smoke about what's happening inside. the pope will appear at st. peter's. chris, what's the mood like on the eve of this start of the conclave? >> reporter: wolf, it is thick with anticipation. think about it. there's nothing else like this that we ever cover. a secret process that the entire world watches. frustrating for reporters because the only men who know who they're going to consider ain't talking because they're now ready for the secret process, conclave means with a key, they are locked in. we can't really know, but the whole world is watching and waiting. >> they certainly are. i know you had a chance to speak to young priests about what the conclave could mean for the

future of the catholic church. what are they saying to you? >> reporter: it is interesting. on one level, it is such a big event. 1.2 billion catholics. on another, for the next generation of people who take up service in the midst of all of the scandal it means something very different. we met two young men from long island new york, who even though they grew up with the sex abuse scandal and everything that the church supposedly does the old way, they still decided to become priests. >> it's a rich, rich life. you get to meet people, have experiences that you've never imagined having, and it is only made possible through the priesthood. >> james and andrew are in their 20s, studying to be catholic priests. sure, their parents were concerned when they first heard and many questioned the sacrifice involved. they say priesthood is the opportunity of a lifetime. >> you don't know what you're

getting yourself into at first. you feel the call, enter the seminary. it is not until a certain time after you've entered that you've come to understand the beauty that this life really offers. >> reporter: the sacrifice is celibacy. what others see as loss they see as a gift. >> the issue that people are missing with celibacy, you have to look at it as a sacrifice and also a gift. >> why is it a gift? >> it is a gift, it frees you. it opens you, you can give your whole heart to christ. really the whole idea of it is this relationship with christ. >> reporter: both grew up when the church was embroiled in a sex abuse scandal, yet were still drawn to it because of the priests they saw work to fix the problems. >> got discouraged at first, but it was the people that followed. we have to return to sacrament, getting down to business, we failed, now we're moving on, we're getting back to what the church is supposed to do here. >> if i can show that joy to

others, to priests, religious and that joy is what gives us credibility, that shows the truth that resides in the church. >> reporter: the purity of purpose gets a test in the excitement surrounding who will be the new pope. they say they have no favorites, but as new yorkers, you know they have cardinal dolan on their minds. >> having cardinal dolan, that would be interesting. if the spirit moves it that way, then -- >> i was thinking about a billboard on the roof. light up, you know. >> chris is still with us. there are two american cardinals potentially could emerge, potentially could emerge as the next pope. how realistic do you think based on the conversations you had on the ground, how realistic that an american could be elected pope. >> here is what we know for

sure, wolf. this is the first time americans have been mentioned among the people that could be able to be pope. the reason they have been mentioned, it is so tight and unknown which way the conclave will go that they could look for a compromise candidate, and with cardinal o'malley in boston, cardinal dolan in new york, you have two charismatic people that have good reputation with the church. they could be. they're seen as outsiders. but they joke around here, if you have a prayer of a chance at an election, the conclave is the place to have one because all of the cardinals believe only god can decide who is the next pope. >> i know you'll be there reporting all week on this. chris, thanks for that report. this additional note to viewers, don't miss anderson cooper later tonight, live from rome as they pick a new pope. ac 360, 8:00 p.m. eastern, here on cnn. up next, six teenagers

killed and two injured when their overloaded suv plunges into an ohio pond. there are stunned relatives and they're asking why. >> had to identify them. i went back there, all i seen was tubes and blood everywhere. after i identified them, i ran out. i couldn't, i just lost everything. picasso painted one of his master works at 56. doris taerbaum finished her first marathon at 50. not everyone peaks in their twenties. throughout their lives. passion keeps them realizing possibilities. an ally for real possibilities. aarp. find tools and support at aarp.org/possibilities. or settling for wannabes? stop compromising! new vidal sassoon pro series.

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several families in ohio are reeling after one of the worst traffic accidents in years. all they can dwell on is the terrible reality they will never see their children again. >> and he can't come home, can't come through the door, mom, what's for dinner, what did you cook, mom. i'm not going to hear none of it any more.

a tragic crash over the weekend left families in ohio

grasping for answers. six teens died in a high speed accident, two were lucky to survive. police have been tight lipped as they investigate one of the worst highway accidents the state has seen. brian todd is on scene, covering this tragedy from warren, ohio. what a painstaking, difficult tragedy. brian, what happened? >> reporter: wolf, state police say this is the single largest loss of life in a single accident in the history of this county, the largest loss of life in the state in one accident in at least three years. this is where it happened, this pond in warren. this is where the vehicle flipped, went in upside down into the pond. about four or five feet of water in the pond, but police say the vehicle filled up with water quickly and six of the victims didn't make it out alive. people have been throwing flowers and things here all day, this is a makeshift memorial. stuffed animals, notes, flowers for the victims. it is all very flesh for the

survivors and for victims' relatives, some of whom got very emotional when they spoke to us. kyle boehner can barely bring himself to describe it, moments at the hospital when he had to identify the body of his little brother. >> it took me an hour to find him, and by the time i found him, they had to have me identify him. i went back there and all i seen was tubes and blood everywhere. >> reporter: his brother, kirkland boehner, who would have turned 16 this month, was one of six killed when the honda suv they were riding in lost control, flipped and went into a pond in warren, ohio. police haven't given a specific cause, say test results for drug or alcohol use may not be back for weeks. as for the vehicle's speed. >> we believe it was traveling at a high rate of speed. speed limit was 35 miles per hour. however, at this time we are not prepared to release actual speed of the vehicle. >> reporter: this is the path

the vehicle took, there are the skid marks, police say it hit the guardrail, flipped over. these markings, orange markings say that's the path they marked off, the path the vehicle took as it flew into the water. >> ryan henry one of two survivors, tells a harrowing story. >> hit my head off the dashboard, somehow i had flew to the back. i was in there, it was like being in the littlest space underwater. like i wanted to give up, but i couldn't. >> reporter: henry and another young man punched through the back window, swam out, ran a quarter mile to call 911. kirkland boehner calls him a hero. >> he can't come through, can't come home, mom, what's for dinner, what did you cook, mom, i'm not going to here none of it any more. >> reporter: police say there was seat belt usage but aren't

saying anything beyond that. you have to remember the vehicle was carrying eight people. it can only accommodate five. so there were only five seat belts to use. >> who owns the car, did the owner know they had this vehicle? >> reporter: it is owned by a gentleman named marquise stephenson who lives in youngstown, ohio. police say none of the occupants, neither the driver nor anybody else, had express permission from the owner to be in that vehicle. i asked the police if anybody was any relation to mr. stephenson, they said they were not. that's all they're saying at this point. so it does not appear that he gave permission for anybody in the vehicle to actually have the vehicle at the time of the accident. we tried to call mr. stephenson, weren't able to reach him. >> what a heart breaking tragedy. brian, thank you very much. just ahead, would americans go for a third bush in the white house. jeb bush doesn't see why not. we talk about that and more. our strategy session coming up.

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john mccain's former campaign manager says his party doesn't give equal opportunity to women. anything republicans should be doing about that? our strategy session, that's next.

are americans ready for another bush in the white house? let's discuss in our strategy session. joining us, cnn contributors, democratic strategist, paul begala, and republican strategist anna navarro. here is the florida governor on fox yesterday. listen to this. >> i don't think there's any bush package at all. i love my brother, proud of his accomplishments, proud of my dad. if i run for president, it is not something in my dna compels me to do it, it would be the right thing to do for my family, that conditions are right, and that i have something to offer. >> paul, what do you think? a third bush as president? >> first you have to give him points for family loyalty. but the truth is just as a political truth, cnn did a poll last summer, he is the least popular living former president,

most unpopular leaving office in my recent memory certainly. if jeb wants to run, he has to change his last name to something more respectable like kardashian, honey boo boo, maybe nixon, i don't know. the name, because of george w. >> you know him well, jeb bush, former florida governor. you like him. what do you think? >> i think i'm ready for jeb bush to be president and run for president. look, i think first of all, you are never going to get jeb bush to for sake his brother or his father. he loves them dearly. he is going to stick by them. second of all, i think this bush baggage thing is highly overrated. wolf, when was the last time you heard about george w. bush. whenever we hear of him, he is helping a kid with mal ar i can't or helping a wounded warrior, he is not involved in

controversial politics. he is much less toxic than he was and he will be much less so by the time this presidential primary rolls around. also, jeb, jeb is not a guy who just appeared out of nowhere. he has his own record, his own positions, his own policy thoughts. he is going to be judged on his own positions, his own mistakes, his own successes. he has a very long record as governor of florida and that's what people are going to judge him on. >> he was, paul, you must acknowledge, a very popular governor of florida, twice elected. florida, one of the key battleground states. >> absolutely. he is a smart guy, engaging on policy debates, sometimes on both sides of the issue, but that's okay. he is an able and gifted person. ana just said that name carries more baggage than samsonite.

his favorite movie may be my idiot brother. but it is not going to half. >> steve schmidt was the campaign manager for john mccain's campaign in 2008. he says republicans have a serious problem with women. listen to this. >> it is one of the problems we have structurally in the republican party, we don't have enough women at the table. but any company, any organization in today's day and age that doesn't give equal opportunity to women, that doesn't advance women to the table, is going to be an organization that has difficulty competing. >> ana, what do you need to do, republicans, to get some women at the table as they say? >> we have women there, they just need to be at the table. i think we need to highlight more of the women that are involved and we need to attract more women. we have made progress. the republican party has made progress. it still has a long way to go. there's no reason there should be one woman chair of a

committee in congress now. there's one woman that's a leadership, republican leadership, kathy mcmorris rogers. i would like to see more of her. she's more pleasant to listen to and look at than some of the oer folks on that team. we need to highlight the women there and have them be the spokespeople to bring in more women and make it a palatable place. for example, in c pac this week, a third of the speakers are women. half the emsees are women. has there been progress made? yes. are we at the point where the glass is half full? no. we need to have a lot more women involved and women need to run. women need to participate. women need to involve themselves in republican politics, and we need to craft the difference, not wait for the men to do it for us. >> ana navarro, paul begala, thanks very much. our strategy session. coming up, a new warning that super bugs resistant to all

antibiotics could soon pose a catastrophic threat. i'll speak about that with america's point man on infectious diseases, dr. anthony faji.

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the excitement and drama certainly building as cardinals prepare to elect the next pope. go back to rome where anderson cooper is on the scene. anderson, we are used to political parties here in the united states. obviously that doesn't exist within the college of cardinals. here is the question. is there still some divide within the cardinals? >> there certainly are divisions, no doubt about it. you know, we are some 12 hours from the start of all of this, starts with a special mass tomorrow. then the cardinals file into the chapel. all 115 are here now, ready to vote, and they have been for the last several days talking with each other, making speeches, discussing with each other what they want to see from this vatican moving forward. but there are some real

divisions and real questions about where the church goes from here, the role of the bureaucracy which controls vatican city, which runs vatican city. some cardinals are aligned with that, and then those looking for reform. we are seeing will the divisions, not something they talk about publicly, but something that observers are watching carefully for. neither side has a majority. the next pope.of 115 to elect - there's a, i don't know if it is politicking, but lots of discussions and meetings and subtle form of politicking behind closed doors, wolf. >> a lot of people are wondering will an italian be selected as usual or somebody from outside of italy, will it be someone that's older, maybe they'll go with someone younger. i'm sure you have been hearing about those kinds of questions.

>> there is. in fact, it is kind of interesting. a lot of allegiances are not necessarily geographic. there's a group affiliated with the cure ee a that runs vatican city. a lot believe they favor the arch bishop of san paolo, of german origin. they believe this would obviously be the first pope from latin america. and ironically, the reformers seem to be heading towards or favoring the archbishop of milan who is italian. it is counter intuitive that those that work in the vatican or more closely associated favor someone from latin america and the reformers are favoring an italian. >> anderson will be reporting live from the vatican later on ac 360, 8:00 p.m. eastern. we will certainly be watching then, anderson. thanks very much.

he will be in rome through the week for this historic moment. opponents of new york soda ban have scored a major victory in the past few hours. one of mayor bloomberg's pet projects could be in serious jeopardy. ♪ (train horn) vo: wherever our trains go, the economy comes to life. norfolk southern. one line, infinite possibilities. with so much competition, finding the right job is never easy.

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a judge in new york stepped in late today to stop, yes, stop a controversial ban on sugar filled drinks at a certain level. the new law was supposed to start tomorrow. mary snow is joining me with the latest. it comes as a major surprise on the eve of the start of this ban. >> it really is, wolf, and it is a big defeat for mayor michael bloomberg who said earlier today

the rest of the country should follow new york city's lead in banning the sale of large, sugary drinks over 16 ounces as part of an effort to fight obesity. beverage companies, restaurants, movie theaters and others went to court to block this ban and a judge invalidated it. in his decision, a new york state supreme court judge said the rule is arbitrary and capricious because it applies to some but not all food establishments in the city, and excludes over beverages that have significantly higher concentration of sugar sweeteners or calories on suspect grounds. supermarkets and convenience stores were not effected because they're regulated by the state and not the city. critics portrayed the mayor of running a nanny state. the mayor has been pressing the case of the link between obesity and consumption of sugary drinks. the city earlier released data to make the case. the legal set back isn't stopping his fight. he says the city will appeal, and his office sent a tweet

saying we believe the city has the legal authority and responsibility to tackle causes of the obesity epidemic which kills 5,000 new yorkers a year. wolf, while some businesses had geared up to make the changes that were supposed to go into effect tomorrow, others did not because there was supposed to be a three month grace period, and they included big chains like starbucks. they wanted to see the outcome of this lawsuit. as we have been talking about it, it wasn't just soda, it was sugary drinks and coffee drinks. so many businesses were to be effected by this. >> pending appeal, going to the higher court, new york state supreme court is not necessarily the highest, there's a court of appeals in new york. pending appeal in new york state, what happens now? the ban does not go into effect, is that right? >> correct. the city is going to appeal, but under this decision today it would be halted. >> if it is not rejected by

court of appeals in new york if they take it to the highest court in the state. thanks very much, mary. i know you'll be watching this story for us. the mayor, michael bloomberg, is holding a news conference on this at 5:30 p.m. eastern, we will have live coverage of that. lots of interest what happens next in new york city with those big drinks. up next here in "the situation room," just years from now, routine hospital visits could be fatal. why super bugs resistant to antibiotics could pose what they now describe as a catastrophic threat to the nation. and i am going to show you an alley oop in the nba some call the dunk of the year. look what mommy is having.

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britain's top health official says within years, super bugs resistant to antibiotics could pose a catastrophic threat and that routine surgeries could become fatal for so many patients. joining us from boston, dr. anthony fauci from the national

institutes of health. thanks for coming in. >> good to be here, wolf. >> the chief medical officer of england is warning now, it is ominous, we may soon face a future without cures for infection. is that true? >> well, for certain infections. it is the whole issue of anti-mike kroeb yal bacteria. she gave annual report from the u.k. that mimics what we see in the united states. our own center for disease control and prevention last week came out with a report, a special edition of their weekly surveillance report and they refer to it as vital signs where they reported about the upsurge in a certain type of multiple drug resistant bacteria, called cre, which is something that's growing in frequency, and is quite threatening.

there are about a million to three million hospital acquired infections throughout the year in the united states, about 20% of them are among drug resistant microbes, and in a given year, about 90,000 people die from drug resistent microbes, almost all acquired in the hospital. it is something we need to pay important attention to. >> you say drug resistant microbes, we are vulnerable potentially, how did this develop? is it overuse of antibiotics that has resulted in this? >> it is just that. one of the major causes is inappropriate use of antibiotics where the antibiotics that you give for an infection you might not need or it is not given properly or for the right duration, what it does is it suppresses the sensitive bacteria, and allows the drug resistant ones to flourish. inappropriate use of antibiotics is the major cause of this

issue. the other problem that we have, wolf, is that there's not a lot of enthusiasm among most of the major pharmaceutical companies to develop a robust pipeline of new antibiotics. if you look at all of the medical drugs and interventions over a period of time, antibiotic development of new drugs has lagged well behind the development of other types of drugs. so it is a combination of antibiotic misuse or inappropriate use and not having a lot of substitute drugs. >> so what can we do? the government, private industry, what can we do to fix this because it sounds like potentially there's a disaster out there. >> well, the cdc is doing a very aggressive job of trying to educate against the use of antibiotics in inappropriate way. there are hospital control guidelines that they have come out with and there's now renewed interest in activity in having the federal government partner in many respects with the

public, private partnership with pharmaceutical companies to help develop, get more enthusiasm and activity in developing a better pipeline of drugs. but it is fundamentally education among physicians and patients about not inappropriately using antibiotics. and when you're in a hospital, to have very good procedures such as washing hands and having good hospital control implementation during a period of a hospitalization. we see this often in situations not only in acute care hospitals but in hospitals in which you have duration of stay that's long, like in long-term care facilities. >> so bottom line, who is most vulnerable? >> well, the people that are most vulnerable are people that have been put on antibiotics, who have debilitating diseases. when you're in the hospital when you have invasive procedures, in dwelling catheters, trachea

tubes, all of that, using antibiotics inappropriately, puts persons at risk, particularly those that are under continual health care in a hospital for a long time. >> dr. fauci, thanks for coming in. >> you're quite welcome. mark kelly is a vocal advocate for gun control. why did gabrielle giffords' husband buy one of the deadliest guns on the market. i'll ask him why in the next hour. you ready? we wanna be our brother's keeper. what's number two we wanna do? bring it up to 90 decatherms. how bout ya, joe? let's go ahead and bring it online. attention on site, attention on site. now starting unit nine. some of the world's cleanest gas turbines are now powering some of america's biggest cities. siemens. answers.

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book, cheryl sandberg's book, i know you're on the board. i was reading your testimonial about 9/11. i was curious why you chose to join that work. >> i thought it was interesting, the whole idea of empowering women by the idea of being able to lean into an issue or a way that you can both develop your own self in a broader and deeper way, but also to be able to help other people. you know, i have two girls who have been leaning in since the day they were born i think. they're both very interested in the outside world and in life outside of themselves. when you go through those teenage years, teenagers are usually very self conscious and my advice to teenagers and young

people is to move outside yourself by looking at other people, looking at ways you can use your own talents to either help other people or support other people or develop your interest. and i would say that barbara and jenna certainly have done that. >> now jenna is having a baby. >> exactly. she's going to have all of it. >> you're not going to want to miss any of erin's interview of laura bush, opening up about what women want, that's tonight at 7:00 p.m. eastern, right after "the situation room" on erin burnett outfront. you're in "the situation room." a lawmaker reigniting the fight to repeal obama care just as president obama gets ready to take his so-called charm offensive to capitol hill. gabrielle giffords' husband mark kelly buys an assault style weapon, posts a picture to facebook. we will talk to him about that live this hour. a judge stops new york's ban

on super size soft drinks, one day before it is scheduled to take effect. we are standing by to hear from mayor michael bloomberg live this hour. and a nun busted for alleged voter fraud. welcome our viewers in the united states and around the world. i'm wolf blitzer, you're in "the i'm wolf blitzer, you're in "the situation room." -- captions by vitac -- www.vitac.com president obama's wrapping up his gop charm offensive here in washington where he's scheduled to make three separate trips to capitol hill just this week, despite the new attempt to turn the page, leading republicans are determined to try once again to repeal the signature legislation of his first term, obama care, in the face of a supreme court decision upholding the law as constitutional and the president's re-election last november. and that's just one part of the

emerging budget wars playing out big time this week right here in washington. let's get the latest from our cnn chief congressional correspondent, dana bash on capitol hill. give us the latest information on what's going on, dana. >> the latest is looking ahead to tomorrow, hours before the president comes here for the first of three meetings you talked about, the house republican budget chairman paul ryan is going to unveil his new budget which he says gets the country's fiscal house in order. also it will show how starkly different the two parties are, even as they have a whole week about talking about common ground. running for vice president, paul ryan argued constantly against raising taxes. >> what we don't need is a tax increase on our successful job creators that will cost us 700,000 jobs. >> but months later, republican leaders gave in on raising taxes to avoid tumbling off the fiscal cliff. now ryan's new budget claims to be balanced in ten years.

how? in part by counting revenue from the very tax increases republicans opposed. democrats are eager to point out the irony. >> it tells me that, you know, republicans are prepared to pick and choose which of the policies they were for before or against in terms of how they put together their budget. it adds up right now with a lot of gimmicks and scotch tape. >> the biggest gimmick, say democrats, ryan's ten year balanced budget counts money from repealing obama care, which has no chance of happening in the near future. the host of fox news sunday was incredulous. >> are you saying as part of the budget you assume the repeal of obama care? >> yes. >> well, that's not going to happen. >> well, we believe it should. >> maybe so. but house republicans have voted to repeal or chip away at obama care 35 times, going nowhere in the democratic senate.

senate democrats will unveil their budget this week, too, and cnn is told it will include tax increases. it's the first senate budget in four years. it has become gop sport to demonstrate that. >> ten shuttle missions. >> ipads didn't exist the last time the senate passed a budget. >> it is easy to talk past each other when not talking at all. ryan lunched with the president last week, said it was the first time they spoke for more than two minutes. democrat chris van hollen was there. >> the fact he never talked to paul ryan, the primary person on budget issues, the number one issue in the country? >> i think paul ryan has had his views represented in the room through his leadership. right now, the speaker is taking the position he doesn't want to get together one on one with the president, so the president is broadening that discussion, which i think is a good thing. >> now, the president is broadening the discussion again by coming here three days this week. he is going to meet not only

with republicans but with house and senate democrats and wolf, the irony is that the big focus may be on him talking across party lines. but i am told that perhaps maybe the more interesting conversations he will have are with his fellow democrats, some of whom have been frustrated he hasn't reached out enough to them, people in his own party. >> is there a specific legislative issue that some of the democrats have with the president that they're nervous about, for example, he keeps saying he is ready to tinker, maybe make significant changes on entitlement, social security, and medicare. i know a lot of democrats get nervous hearing that kind of talk. >> that's exactly right. if you talk to say mostly house democrats or even some of the more liberal democrats in the senate, maybe all democrats up for election may be nervous about that. on the flip side, if you talk about some of the more conservative democrats in the senate who are up for re-election, who are worried about what he is doing on guns,

there's concern there. if you look at the spectrum of the democratic party, there's concern from the left to the right in the party and they have different reasons for having those concerns. >> dana, thanks very much. dana bash on capitol hill. let's stay on capitol hill and get some republican perspective. congress jason chaffetz of utah joins me. thanks for coming in. >> thanks, wolf, i appreciate it. >> i assume you agree that getting rid of obama care any time soon is a fantasy, right? >> no, look, we have a duty and an obligation in this country to leave it better than how we found it. we as republicans believe at some point you have to balance the budget so you can start to pay off the $16 trillion debt we incurred. i am in favor of repealing this, democrats may not. they need to put forward a budget. the president needs to put forward a budget, which by the way he has not yet done. then we have this dialogue in this country. so that's what the process is about. >> in order to repeal obama

care, congressman, you know this as well as anyone, you're a legislator, you have to pass the legislation in house of representatives, you might be able to do that since you have a republican majority, but then you have to pass it in the senate as well, and that's almost certainly not going to happen, even if you only need say 60 votes and you probably will, if there's a filibuster, even if you pass it, both houses, the president would veto it, then you need two-thirds to override it. that's not going to happen, right? >> look, what we have to do is have the senate democrats put forward and pass a budget. we need the president to submit a budget. it was due february 4th. said he would do it in march, now he punted again until april. until you get the two sides to put forward the budget, say this is what we believe in, here are the numbers, here is how we balance the budget, then you can get to the point of reconciliation and you can negotiate things out and come to compromise. no one person gets everything they want, the president doesn't, i don't, we understand

that. but we have a duty and obligation to say this is what we believe in. here it is in black and white. and paul ryan is leading the charge on the budget committee to put it forward this week. >> you're a straight shooter. you always tell us what you think. just be honest, tell us the truth. there's no chance in the foreseeable future while barack obama is president of the united states to repeal obama care, right? >> look, i'm going to keep fighting for what i believe in. i, too, won an election and i believe that would be best for the country. can we get every aspect of it? i hope for it, i am going to fight for it. will i be a reasonable mind, come to the table, recognize i'm not going to get everything, of course, wolf. but at least we are putting forward a budget and saying this is what we believe in. that's what we believe in. >> are you voting for the paul ryan budget in the house of representatives? >> probably. i have not read the full thing. paul is going to unveil it with the budget committee. there will be vigorous debate. by the time we get to next week, i'll have a final decision. in all likelihood, i probably will.

>> he said yesterday that budget is based on the $600 billion in tax increases, which congress approved in order to avoid going over the fiscal cliff at the end of last year, early january. so even if it includes the $600 billion in tax increases for the wealthy, you will still vote for that ryan budget? >> again, we are looking at a budget that includes how we would spend money over the next ten years and sets appropriate levels. we have to deal with what is existing law. so we were actually able to curb back some expenses. you're going to see us want to curtail more expenses. we just don't believe this country is one good tax increase away from prosperity. you have to have a thriving economy. and we believe we can do that without raising taxes. they have been raised, but i just don't believe the president should get what he wants, which is raise taxes again and again and again. there's got to be a point at which that stops and you get the spending under control. right now, it is time to get the

spending under control. >> i want to be precise. paul ryan voted in favor of raising those taxes to avoid the fiscal cliff. you voted against it. now you're saying you're ready to vote in favor of a ryan budget potentially, which includes the $600 billion in tax increases. >> well, potentially. you have to look at the whole package. it is hard because you're talking about $3.6 trillion in how the revenue comes in. i think there's common ground to broaden the base, lower the rates in certain areas, bring some of those back down. at the same time as you're cutting spending. where we ran into trouble in the so-called bush years is when they decreased taxes, then increased the spending. we can't do it the other way around. we can't increase taxes and increase spending. we will have the same problem. so we have to decrease the taxes and decrease the spending at some point and get to balancing this. >> jason chaffetz, thanks for coming in. >> thanks, wolf, appreciate it. when we come back, why did

gabrielle giffords' husband mark kelly buy an assault style weapon. he's here in "the situation room" to explain it. we will talk about it live coming up. and at the last hour, a judge stops new york city's ban on super sized sugary drinks. we stand by for a live news conference from the mayor, michael bloomberg. what's droid-smart ? with google now, it automatically knows when you need to leave for the airport, how much traffic there is, and has your boarding pass ready. the droid razr maxx hd by motorola. droid-smart. droid-powerful.

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mark kelly, high profile gun control advocate, husband of the former arizona congresswoman gabrielle giffords is causing a stir after purchasing two guns, including an ar-15 assault style rifle. so why did he do that? he's here to explain what's going on. so what's going on, mark? how come you went out and bought an ar-15? >> well, wolf, it's important for me to have firsthand

knowledge about how easy it is or difficult it is, you know, to buy a weapon like that. you know, it is through a background check obviously at a federally licensed gun dealer, but it is important for me to know, you know, what it is and to have firsthand knowledge. so in the future, i'm looking forward at some point to buying a gun, you know, at a gun show, also possibly selling a gun. so i know really the ins and outs of this issue. >> what was it like going to a store and buying an ar-15? >> you know, it is actually pretty easy, you know, for a weapon that's so deadly and really designed for the military, especially with the high capacity magazines, it is a pretty easy thing to do, even with a background check. you know, speaking of background checks, i mean, this is going to be an important week in the senate judiciary committee as this bill gets marked up. we're hopeful something can be done in moving the background check legislation forward. >> the conservative news site bright bart suggests you went

public with this decision to buy the ar-15 because they were about to report it. i will read to you what they said saturday. breitbart news began investigating details surrounding the purchase including visiting the gun store. suddenly kelly announced on his facebook page he was not going to keep the ar-15, which he has yet to pick up from the store. what do you say about that? >> well, i don't know anything about who breitbart is or anything about his website. we had a plan to go in there to buy a .45, and if we had the opportunity to buy an ar-15 as well. i don't know the timing, but had a plan when we were going to announce that on facebook. in the future i'll be talking about buying a gun from a gun show, also selling a gun. so that's all to come later because i really need to understand this, the issues, you know, surrounding gun violence and these weapons. >> what are you going to do with the ar-15? >> well, the plan is to turn it

into the tucson police department. so once i get access, once i actually take possession of it, we'll be handing it in to the tucson pd. >> you bought a handgun, a .45 caliber? is that right? >> that one i'll keep. gabby and i are gun owners, strong supporters of the second amendment, had guns all my life. i'll be keeping the .45, turning in the ar-15. but the important thing that's coming up this week, what's going to happen in the senate judiciary committee. it is important we get this universal background check passed. >> see what happens. we'll, of course, be following it. just to be precise, your intention was always to hand over the ar-15 to the police department? >> yeah, absolutely, yeah. i have no use for a gun like that. from my military experience, it is important that the military have assault weapons with high capacity magazines. i really think the access that

the public has to these, it is too easy, as i demonstrated the other day. it is easy to buy an assault weapon, they're readily available and they really shouldn't be. >> mark kelly joining us. we will see what happens at the senate judiciary committee and beyond. appreciate it very much. >> you're welcome, wolf. legendary singer is forced to interrupt his u.s. tour to be treated for double pneumonia. that and a look at the other top stories next. none of us would want to be told we can't marry the person we

love. as americans, we believe in freedom. that's what i fought for as a marine, and that's what we believe in as republicans. freedom means freedom for everyone. i didn't use to understand the importance of same-sex marriage, but after learning my brother was gay i wanted the same rights for him. he was the best man at my wedding and i want to be the best man at his. it's only fair that calvin should have the freedom to marry the person he loves, too. it's time for marriage.

we're just hours from the start of the official proceedings to select a new pope. lisa sylvester is monitoring that and other top stories in "the situation room." what do you have? >> wolf, you have the sense

we're getting close. cardinals gathered at the vatican will attend mass at st. peter's basilica before going to the conclave to choose the pope. a vatican spokesperson says the election will likely be held tomorrow. there's no guarantee how long it will take to select the new pope. church tradition dictates that white smoke will rise from a copper chimney installed there once the choice is official. and as american and south korean troops take part in military exercise, north korea says they pulled out of the long running armistice agreement. they call the u.n. sanctions an act of war. after two weeks of deliberations, a jury in detroit found former mayor kwame

kilpatrick guilty of federal charges, including extortion and filing false tax return. he was the center of a corruption probe. this afternoon, a judge ruled kilpatrick will be held behind bars. he now faces up to 20 years in prison. and morrissey is postponing a tour due to pneumonia. he had already cancelled a string of dates during the tour due to various health problems. a spokesman says he is expected to headline a music festival in mexico city this week. hopefully he will be doing better than he has. talking double pneumonia. >> hope he has a full recovery. thanks, lisa. is ashley judd considering run for the united states senate? jake tapper is just out with new cnn reporting. stand by. and new york city sugary drink ban stopped just hours

before it was supposed to take effect. we're standing by for a live news conference with the mayor.

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full gear this week. on the agenda, meeting tomorrow with senate democrats. wednesday, he'll meet with house republicans. thursday he'll meet with both parties, senate republicans, house democrats as well. let's discuss what's going on with our chief washington correspondent jake tapper, anchor of cnn's new program "the lead" that begins a week from today, 4:00 p.m. eastern. and gloria borger and cnn chief national correspondent john king. john, what do you think. is it too late for the charm offensive to really have a dramatic impact? >> no, it's never too late if it's real. that's the question republicans and democrats are asking. republicans are saying it is great, mr. president, you're taking some of us out for a meal, great you'll come to capitol hill and see us. are you budging on policy. if you look what the president is asking for when it comes to budget and spending issues, he is asking republicans to accept his plan. that's how negotiation begins. the question is where do you get down the road. the biggest question mark republicans have, not only will he give, will this be

consistent. after the first round, will he make quiet phone calls one on one, have another dinner, when an issue is front and center, the budget, immigration, will he bring them back. we will see. >> i don't remember a time, gloria the president spent this much time meeting the republicans and democrats. >> here is a man living under the political equivalent of house arrest in the white house, didn't socialize much. suddenly you can understand why people are skeptical. suddenly he is out there, wants to meet with everybody. my question is not just the charm offensive with republicans but how many democrats is he willing to make angry, because the more charming he is to republicans, the more he's going to anger his own base, and that's always been a problem for him, particularly when you talk about the big picture, talk about medicare reform, talk about social security, that's tough. >> you spent the last four years covering him at the white house. seems out of context. a pretty dramatic shift, don't you think? >> the white house has long belittled anyone that said the problem is the president doesn't

schmooze enough. there are criticisms to make. he golfs at least once a week, eats lunch every day. >> usually does it with his pals. >> why not have john boehner there, why not have lunch with a member of congress. they belittled that in the past. the president said he likes spending time with his family at night. the truth is that relationships are bad and they need to make an effort. at the least, it shows the public that he's engaged and trying, even if he doesn't win over any converts from the republican side. >> you could argue he is actually doing his job, that it is his job to engage with members of both parties, one could argue. i will argue that. i will argue that. it is his job and he is doing it now. he doesn't have to like it. he doesn't have to love it. but it is part of what he's supposed to do. >> and he needs it. he is in a second term, you know how fast the clock ticks. if he wants immigration reform, how far can he get the republicans to go. to gloria's pointed, what if

they only pass legal status. will he carry that issue into 2014? he is the ceo of the enterprise. there's plenty of blame to go around, not only the president's fault that washington is a toxic mess. he has the singular authority to change it. >> one of the problems is in addition to his not schmoozing, republicans disagree with him on a lot of issues. and this is a republican, especially in the house, a republican caucus that's shown it can be in transjent. the problem is they see the world differently. >> when it comes to taxes. listen to paul ryan, chairman of the house budget committee on fox news yesterday. >> you're saying don't grow this program through obama care because it doesn't work. prevent the growth from going because it is not going to work, it will hurt people that are trying to help. it will hurt hospitals and states. give the states the tools they're asking for.

>> are you saying as part of your budget you would repeal, you assume the repeal of obama care? >> yes. >> well, that's not going to happen. >> well, we believe it should, that's the point. >> what is the point by bringing up, supreme court says it is constitutional, the president is not going to -- >> train left the station, sorry. but republicans will put it on the table because it is a place for them to start negotiating. is there going to be a lot of tinkering with the president's health care reform plans still? yes. are they going to repeal obama care which they tried to do more than 30 times already, not going to happen. but ryan is throwing it out there because why not. >> you hear this a lot from republicans, they say that we've never been given the true price tag as far as the president's health care initiative and that it is much more expensive, especially expansion of medicaid, now some states are deciding to accept it, some are not. that the real driver of the deficit in the future is going

to be this health care bill. yes, some of the politics, but some of it is actually policy. >> as you know, john, as long as barack obama is president, he will veto any legislation, even if it were to pass the house and pass the senate, he would veto it. you need a two-thirds override. >> it is not going to happen. they may have serious issues about funding it down the road. probably the next president will have to deal with that more than this one. when democrats say it is proof republicans are in transjent, they are digging in their heels, the republicans say we are not starting by conceding. we will start saying this is what we believe, democrats say this is what we believe, then the way washington used to work, you start to chip away and compromise. >> another fascinating part of this from jake this week, involving ashley judd potentially considering a run against mitch mcconnell as the united states senator from kentucky. jake filed this report. >> if you went to the movies in

the late '90s, chances are good you have seen ashley judd running for her life. >> come on! who's out there? >> now judd may be running for senate. a knowledgeable source tells cnn that judd is seriously considering running for a seat representing kentucky, where she's from originally, where she went to college, and where she's considered the biggest named democrat to contemplate the race. >> how do i know who you are? >> you're the only one that knows who i am. >> i-i-i don't know, i don't know who my husband is. >> as happens with many actresses in hollywood as they pass 40, the double jeopardy star's career has cooled in recent years. she's playing the first lady in cuomo limb pus has fallen "but blink and you will miss her in the trailer." >> i know you may be running for political office. >> is there an elephant in the room? >> she's also an activist. she talks about equal pay and

family planning. some show that mitch mcconnell, senate republican leader, is vulnerable, the question for judd is even assuming an ability to raise money and mount a credible campaign, whether a liberal democrat from hollywood can compete in red state kentucky. on its face, the career shift isn't necessarily any odder than the time californians elected the terminator as their governor. twice. and remember stewart smally from "saturday night live"? >> i am good enough, smart enough, and dog gone it, people like me. >> al franken is a senator from minnesota. need we mention the other actor termed paul that co-starred with a chimp. but schwarzenegger and reagan ran in california which is decidedly not appelacia.

if you thought the villain from "kiss the girls" was scary. >> i need help. >> wait until the gop's opposition researchers and super pacs are done with you. >> i don't know a lot of hill billys that golf. >> her grandmother says she's a hollywood liberal. >> interesting that some of the republicans already have ads against her. she hasn't even announced anything. >> they're already going after her. knowledgeable source says she's very serious and seriously considering. she is reaching out to people. there was a huffington post report by howard fineman that she told friends she's running. so far the source says she has not pulled the trigger. >> mitch mcconnell is 40% behind in the polls. lots of states, that's vulnerable. i am told he is always behind when he wins re-election. their side, they are thinking bring on ashley judd.

she lives in nashville. she would have to move, they could make the carpet bagger argument. >> does mcconnell have to worry about that. >> the odds are if you're a republican you're more likely to get beaten. republicans say it is proof no credible democrat with pedigree in politics is willing to run against mcconnell. mcconnell people are salivating at this. she called consultants, having conversations, hasn't taken the final step. people that a month ago said she will blink are saying hmm. >> thanks for coming in. we will see you at 4:00 p.m. eastern starting next monday, i believe. "the situation room" will be from 5:00 p.m. to 7:00 p.m. >> right next door in the studio next door. >> try to keep it down. new york's sugary drink ban stopped hours before it was supposed to take effect. we are standing by for a live

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prior to the november election, one of the primary roles of president obama's campaign operation was to raise money, hundreds of millions of dollars. now that organization has a new name. some critics are wondering if it is giving big money donors access to the president. i am joined by cnn's national political correspondent jim acosta, he is watching what's going on. explain to our viewers what we know, jim. >> reporter: earlier this year, president obama announced his campaign operation was morphing into a group called organizing for action. critics charge it is organizing for donations. president obama's campaign

offices in chicago may be gone, but his political army lives on. say good-bye to the president's re-election campaign, known as obama for america, and meet organizing for action, or ofa. >> hi, everybody. >> not only is the name almost the same, the group is working off essentially the same website. they bill themselves as a grass roots organization and welcome the president to this ritzy d.c. hotel where he will address supporters and donors. it has the ring of cha ching. >> the question is whether donors of $50 have special meetings were the president, i imagine they won't. >> recent reports showed big contributors would have regular meetings with the president. >> all donors of $50,000 or $100,000 or more that get invited to the meetings. clearly it is not entirely the grass roots organization, reaching out to the public, that

the founders claim it is. >> the president isn't doing one-on-one meetings with donors. >> reporter: ben devolt says they won't take money from corporations or lobbyists but left the door open to large donors having access. >> you said they won't, a wealthy donor won't get an individual meeting with the president, but may be part of a group that gets a meeting with the president? >> there's going to be no opportunity to lobby the president through this organization. >> reporter: getting answers about ofa means talking to obama loyalists not just outside the white house but inside as well. >> any notion that there's a price set for a meeting with the president is absurd. >> reporter: press secretary jay carney says their mission is to support a bipartisan agenda. just last friday, they sent out this e-mail, accusing republicans of choosing to protect tax loopholes for millionaires and billionaires. carney says that speech is no different than appearing before

other democratic leading groups. >> isn't that squishy? the organization is him. >> there are organizations all over washington and the country that support policy agendas, and policy areas. that's what this organization does. >> reporter: there's also the issue of where organizing for action will be based. officials say it will be split between chicago and washington. and there's irony in that this once powerful campaign juggernaut is now trying to find a home. >> going to cause more controversy, political controversy as we go forward. jim acosta at the white house, thank you. a nun in ohio is in trouble with the law now for allegedly trying to cheat the system when it came to voting in the november election. our crime and justice correspondent, joe johns, is covering this story for us. what's this all about? >> wolf, today, the hamilton county prosecutor's office announced charges in three cases of alleged voter fraud. one of those, the charge is a former dean of the department of

arts and humanities at a catholic college in cincinnati. she worked at the college of mount st. joseph. the school accepted her resignation last week. in a statement, they said as a valued member of the mount community, our thoughts are with her during this difficult time. the statement said we respect her privacy and will not comment further. authorities say she allegedly signed the name of a deceased nun on an absentee ballot. the county attorney said the sister had agreed to plead guilty and cooperate with authorities. she could get 18 months if convicted. making this announcement, hamilton county prosecutor said the charges today should let people know that we take this seriously, this is not north korea. another of those voter charges, richardson, she was described as a long time poll worker and obama supporter last election. richardson admitted voting more than once in a television interview and an investigation report from elections officials

in ohio said she voted absentee and signed the voting book at the polls. she said she wasn't trying to break the law. >> there's absolutely no intent on my part to commit any voter fraud. yes. i voted twice. >> richardson is charged with eight counts of illegal voting, and could face 12 years in prison. also charged monday with 75-year-old russell glasup accused of voting for his wife that died. there could be other charges. three other cases are being investigated by the prosecutor's office. hamilton county, ohio, wolf, includes cincinnati, one of the nation's bellwether spots, one of the closest watched areas in elections. >> serious stuff there. >> very serious. there have been allegations of voter fraud. these are a few anecdotal examples of that in a very important state. >> ohio, thanks very much for that, joe johns reporting. coming up, can women have it all? one of the most powerful women in the history of american

politics shares her thoughts, nancy pelosi speaking to our own candy crowley. and new york city's sugary drink ban stopped hours before it was supposed to take effect. we are standing by for a live news conference with the mayor, michael bloomberg. it's monday.

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today's release of facebook ceo sheryl sandberg's new book "lean in" is shining a new spotlight on what women want when it comes to career and family. today and tomorrow cnn is doing some special reporting on this very issue. our chief political correspondent, candy crowley, talked about it with the house minority leader, nancy pelosi. she broke her own glass ceiling back in 2007 as the first female house speaker. >> i want to start out by asking you, when you look at the statistics of women today, even, for instance, how many women are in the house and the senate, about 100 out of 535. but we all know that women are graduating at greater rates than men and med school, women, if they have not already overtaken, are about to. but there does seem to be a disconnect between what women achieve scholastically and what

happens afterwards. what do you think holds women back at this point? >> well, it depends on the field, i think. in politics, it's really important to change the environment in which women would compete. we have been increasing our numbers incrementally. i've made that a priority for us, especially bring younger women in so younger women can see someone who shares their experience when they do have a seat at the table. but when we reduce the role of money in politics and increase the level of civility, we will have more women, more young people, more minorities, but more women. because the women that we want to attract to congress are women who have plenty of options, and we want them to choose public service without having to think that they have to be drawn through the mud and at great expense in order to win. in the larger sense, i believe

that the most important initiative we could take is to have comprehensive quality affordable child care. we almost had it. it was on president nixon's desk, and then he vetoed it. but it's so long overdue. >> and yet we see a lot of times that when women give birth, i think like 40% do not return to full-time work. do you think that's a child care problem, or do you think that's a where should i be problem? >> i think it's a decision that women have to make, but we want them to be fully equipped to make the decision, not to have a decision forced upon them as to what their aspirations, their economic situation, their family situation -- the opportunities that affords to them. >> your observations of women that are coming into politics now, do you see a difference

between how men conduct themselves in a meeting and how women conduct themselves? >> women don't come into the room and sit on the side. they take the rightful seat at the table for themselves, for their constituents, for our country, and for the women in our country. so, i have not shared that experience. i do, and i wrote my own book on this subject, know your power. women should know their power. and i share in this new book, cheryl's book, is really when she says lean in, know your power. know how important you are. i don't see women in congress being shy about who they are, and i'm glad for that, but again in every field we want women to take stock, take inventory of who they are and what it is. if that means a number of years at home as a mom, place a value on that. don't let anybody trivialize anything you've done, because it's made you who you are.

very unique. your contribution is valuable. the country needs you. >> nancy pelosi also called the job of raising a family the most responsible and difficult challenging task with tremendous value. thanks to candy crowley for that report. at the top of the hour, americans are spilling their blood in afghanistan. the u.s. spending, what, $2 billion a week in afghanistan. about $100 billion a year. president hamid karzai accusing the united states of collusion, get this, with the taliban. we're going to talk about that and a lot more. revolutionizing an industry can be a tough act to follow, but at xerox we've embraced a new role. working behind the scenes to provide companies with services... like helping hr departments manage benefits and pensions for over 11 million employees. reducing document costs by up to 30%... and processing $421 billion dollars in accounts payables each year. helping thousands of companies simplify how work gets done.

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remarks by the afghan president hamid karzai about the united states and the taliban. we'll talk about that and more with senator rand paul. six ohio teen s killed in oe of the deadliest crashes there in years. a closer look at some of the men who could become pope. plus, she's a congresswoman and democratic party chair, she's also a mother of three. how this working mom makes it all work. i'm wolf blitzer, along with kate baldwin. you're in "the situation room." more than 2,000 american lives lost over a dozen years and the united states continues to pay a heavy price for the war in afghanistan. the latest bloodshed and attack on u.s. forces at a joint

american/afghan base in wardak province about an hour west of kabul. this was the scene outside the base where a man wearing an afghan national security force uniform opened fire with a truck-mounted machine gun, killing two americans, including a green beret and wounding at least ten united states service members. it's a deadly end to a suicide attack that greeted chuck hagel as he arrived in afghanistan on his first trip as the new defense secretary. that was followed by a verbal slap in the face from the president of afghanistan, hamid karzai, who accused the united states of colluding with the taliban. >> translator: the bombing that took place yesterday and was carried out in the name of the taliban, these actions, in fact, show that the taliban are at the service of the foreigners and are not against the foreigner. these bombings show that the taliban want a longer presence of foreigners, not their departure from afghanistan. >> defense secretary hagel has

just returned to the united states from afghanistan. our pentagon correspondent chris lawrence was traveling with the secretary throughout this trip. he's joining us now live from joint base andrews. they landed only moments ago. chris hagel and karzai have known each other for more than a decade. what was your impression, you were there, what was going on, because a lot of people are outraged right now at the way hamid karzai treated the new defense secretary. >> reporter: wolf, i got a sense that a lot of people were caught off guard, definitely, by some of karzai's recent comments. even though he's made some outlandish allegations in the past, these sort of rose to a different level. and that caught a lot of the delegation off guard a bit, but i think from the impression i got and in speaking with secretary hagel, he is using his years, years, of knowing president karzai as a way to sort of manage these outbursts in a way. he talked about how he was on

that first congressional delegation back in 2002 to go to afghanistan, how he authored some of the first legislation to provide aid to afghanistan. so, he told us that he had a relationship with president karzai that went back over a decade, and i think he's trying to use that to sort of buffer, if you will, some of these outbursts. >> but having said that, chris, remember, the united states has, what, 66,000 troops still in afghanistan. they are not supposed to leave, all of them, until the end of 2014, maybe another two years. the u.s. is still spending close to $100 billion a year maintaining that true presence in afghanistan. and hamid karzai won't even have a joint news conference, traditional news conference with the secretary in his first overseas trip. what a slap in the face that is. where's the gratitude? >> reporter: well, let me clarify that a little bit. we were all set to go to the palace just a couple days ago to hear this joint presser.

it was what everyone had been looking forward to, but there were certain security concerns on the ground that may travel to the palace. we just couldn't do it, wolf, couldn't do it. security was cited as the main factor for that. what ended up happening was secretary hagel, after meeting with president karzai, came back to the headquarters at the u.s. military base. but from what we heard from defense officials was this, they went into this meeting and there were, you know, six aides on each side of the room. and after about five or ten minutes of discussion, secretary hagel asked president karzai if they could speak privately. so, everyone was cleared from the room, and the two of them had a private discussion for over a half an hour and we're told in that private discussion, secretary hagel was both firm and direct with president karzai, which sort of runs counter to the idea out there that karzai is making a lot of these statements and the u.s.

isn't really responding from new information that we've learned now. the u.s. message may have been delivered during that private meeting, wolf. >> but it tells another story, if, in fact, they were concerned about security 12 years into this. the afghan security personnel backed by nato and the united states, they can't even protect the president of afghanistan and visiting defense secretary to hold a joint news conference. what does that say about the situation in afghanistan right now? i understand also, chris, you were there on the scene when you heard a huge explosion on saturday while the defense secretary was in kabul. tell us about that. >> reporter: yeah, wolf. we were getting a briefing at the isef headquarters. we were all sitting around a table and you hear this big "boom." everybody in the room heard it. even some of the tiles on the ceiling shook a little bit. then you started hearing some of the after fire, some of the

ratatatat, some of the return response to this big boom. we didn't know what it was at first. about five minutes went by and then someone came into the room and said there's been an emergency declared. everyone needs to get down in the basement. we were hustled downstairs and told that secretary hagel, who was on another location on the base, but not near us, that he was safe and secure, that he was going on with his meetings. and, of course, within a couple minutes we learned that huge bomb blast had occurred right outside the afghan ministry of defense, which it's only about maybe a ten-minute walk from where we were on the u.s. base, wolf. >> chris, glad you're back safe and sound, glad the secretary of defense is back safe and sound, as well. thanks for your reporting. we want to continue to follow up on this. >> we want to continue this conversation now. despite the troubling in afghanistan, white house wants to draw most american forces by the end of next year remain on track. listen here.

>> there is no questions that, you know, there have been a number of difficult security incidents and there have been comments by president karzai with which we've disagreed, but our policy has not changed. >> let's talk about all of this with republican senator rand paul of kentucky. he's a member of the foreign relations committee. it's pretty outrageous when you think about it, senator paul. the united states spends all these billions of dollars in afghanistan, still has 66,000 troops there, and he says, hamid karzai, that the u.s. is actually colluding with the taliban. what do you make of this? >> well, it's a great deal of disrespect for a man that largely came into being and came into power because of our help. it's what i question sometimes when, you know, we're asked to send our young men and women over there to lose their lives and we're treated with disrespect by our allies. so, i find it very troubling. i think we've accomplished our goals there. we got bin laden.

we disrupted taliban that was harboring him. we disrupted the government that was harboring him. i think we've achieved our goals, and i think it is time to come home. >> you would accelerate the withdrawal schedule. right now u.s. troops are supposed to be out by the end of 2014, almost two years from now. what kind of time table would you like? >> you know, we've been there nearly 12 years. i think it's time to come home. i don't think there will ever be a time there's not going to be combat and there's not going to be some form of war. but 12 years is a long time for the host country not to have stepped up now and begin to defend their country. i think they will step up, and i think when we do leave, they will step up, or there will be a civil war. so, i think it is time to come home. the exact time table, though, i think, has to be done in conjunction with the generals and trying to figure out how you can safely exit a war that you've been in for so long. >> it's costing the u.s. taxpayers about $2 billion a week to maintain that military

presence in afghanistan. another secretary, the secretary of state, he was in egypt the other day. he offered another $250 million to the egyptian government, muslim government-led government in egypt. is this something you support? >> well, we have no white house tours right now, but they've got $250 million to give to egypt, extra bond the $2 billion we give. i can tell you that people are outraged. when i talk to working class people and they find their taxes are being sent to a country that burns our flag and chants "death to america." meanwhile, we don't have tours in the white house. you know what the president's done now, he's closing the entrances to the office buildings here. i asked capitol hill police, where are they, are they not working? no, they've been assigned to other locations. this mickey mouse games he does, then gives $250 million in addition to the couple billion we already give to egypt. i think it's a disgrace. >> senator, i want to ask you

about some domestic politics. this new approach by president obama being described by some as the charm offensive. he's coming to capitol hill this week to meet with various lawmakers, senate republicans on thursday. when you see him, what issues will you raise with the president? >> well, you know, one i've been asking for a year and a half, and i told him, frankly, that he could go down in history as a great leader if he would fix entitlements. it's really just math. i mean, nobody really wants the changes, but mathematically you can fix social security by gradually raising the age and means testing the benefits. meaning rich people get a little less benefits than they currently get. you can fix social security and save it for all posterity, but instead the other side continues to use it as a political weapon. if he wanted to rise up and be a great leader, he would come to us and fix social security, but not as some grand thing, oh, if you raise taxes more, i'll fix social security. why don't you fix social security just because it's broken? why would we have to trade

something we've already done once that we think's bad for the economy, which is a separate issue. why don't we fix something that's broken because we're good people and we should fix social security for future generations? >> you know the politics of capitol hill better than most. do you think that's even possible for that to happen, only entitlement reform without some serious tax reform in conjunction at this point in time? >> absolutely it's possible. in fact, i think the grand deal, the big bargain's impossible. >> why? >> because there are too many moving parts. let's say you and i agree on some issues, why don't we pass the issues we agree on, but if you have a thousand issues, maybe we never get to an agreement. say we have a thousand issues and break it up into pockets of a hundred, we might be able to get to a hundred. or a hundred issues, packets of ten. we're never going to agree on every issue. for example, the corporate income tax right now is 35%. it's 17% in canada.

it's in the low 20s in europe. i would tomorrow cut the corporate income tax in half and do it by itself, because i think many democrats know that would help the economy and so would many republicans. if you make it the sweetener for tax reform and tax reform never comes, that's why the american people are unhappy. we never do anything. let's carve it up into smaller deals. >> what have you learned, senator, from your dad's experiences as a presidential candidate? you're saying you're seriously considering a run in 2016. >> i don't know if it's what i've learned so much is i think the country is starting to understand that the candidates we're putting forward and what we're talking about as republicans isn't appealing to a large enough group of people. and if we want to be the party from the red states, the red states are getting redder but the purple and blue states are leaving us behind. we have to be competitive in california, competitive in new york. one thing he did figure out is

how to appeal to youth. youth are captivated by stands-on principle. trial by jury and not droning americans was what a lot of young people accepted they like you to stand on what you really believe in. >> senator rand paul from kentucky, thank you very much. >> thank you. hours away from the start of a secret meeting that will end the announcement -- end with the announcement of a new pope. watching that, waiting for that. coming up, a closer look at how it happens and who some of the top candidates are. plus, grieving families distraught. first responders, details of that crash that killed six teenagers and devastated an ohio town. if you think most hybrids are a bit under sized then this will be a nice surprise. 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

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just coming into "the situation room," the crash, the horrible crash that left six teenagers dead over the weekend happened in a stolen car. the accident was the deadliest in the state in years and it's left many devastated. >> cnn's brian todd is in warren, ohio, for us. he spoke to some of the grieving families and one of the two survivors. brian? >> reporter: wolf and kate, state police say this is the single largest loss of life in the history of this county in one accident. the largest loss of life in one accident in the state in about three years. this is where it happened, this pond on south pine street in warren. this is where the vehicle went in and flipped upsidedown, went into this pond. it filled up with water quickly even though there's only about four or five feet of water. since the accident, people have thrown flowers and other things. a lot of stuffed animals, notes, flowers for the victims.

this is still very fresh for the survivors and the victims' relatives, who got very emotional when they spoke to us. kyle boehner can barely bring himself to describe it, the moments at the hospital when he had to identify the body of his little brother. >> it took me an hour to find him, and by the time i found him, they -- they had to have me identify him. i went back there and all i seen was tubes and blood everywhere. >> reporter: his brother, who would have turned 16 this month, was one of six teenagers killed when the suv they were riding in lost control, careened over a pond in ohio. police have not given a specific cause and say test results for possible drug or alcohol use may not be back for weeks. as for the vehicle's speed -- >> we believe the vehicle was traveling at a high rate of speed. speed limit was 35 miles per hour. however, at this time we're not prepared to release the actual speed of the vehicle.

>> reporter: this is the path the vehicle took. there are the skid marks. police say the car hit the guardrail right here, flipped over, and these markings, these orange markings on the branches, that is the path they've marked off as the vehicle flew into the water. 18-year-old brian henry was one of two survivors. he tells a harrowing story. >> i hit my head off the dashboard. somehow i flew to the back. i was in there, it was like being in a little space under water, like, i wanted to give up but i couldn't. >> reporter: henry and another young man punched through the back window, swam out, and ran a quarter of a mile to call 911. kirkland behner's mother calls henry a hero. >> he can't come through the door, mom, what's for dinner, i'm not going to hear none of it anymore. >> reporter: police say there was some seat belt usage in the vehicle but they are not giving

specifics beyond that. this vehicle could only accommodate five people and was carrying eight at the time of the accident. wolf and kate? >> what a story, brian todd. we're also told four divers responded within minutes of the crash and they are still shaken by what they saw. for some of the firefighters, it was their first major response. they had never seen anything like this before, kate. >> just look at the wreckage of that car. >> horrendous. now we're learning the vehicle was a stolen vehicle. >> think, car only had seat belts for five people, eight people are in the car. speed limit's only 35 miles an hour. it does not look like a very big road. you can only imagine what those kids went through. >> hearts go out to the families. >> absolutely. a lot coming up in "the situation room," as well. it's a historical sight where popes are elected. we're going to take you inside a virtual sistene chapel and show you just how it is done.

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it is the eve 6 a monumental day in rome. a vatican spokesman says they'll probably hold a first vote tomorrow, but it's not necessarily required. cnn's chris cuomo is in rome with a look at some of the top candidates. >> reporter: here's what we know, the cardinals are ready to vote, the chimney is up, the stove is ready to make the world's most famous smoke. but beyond that, we are only guessing at who will be the papa. among american politics, card falls don't campaign and the debates here are more about what they want than whom. still, certain names keep coming

up. 71-year-old angelo scola is rumored among vatican insiders to be a favorite for some obvious reasons. he's from italy, which has more voting cardinals than any other country and he's archbishop of milan, which was pope paul vi's position. another in the running, odilo pedro. his credentials, respected for his piety, leads the largest diocese in the largest catholic country and relatively young at 63 years old. not to mention he has german ancestry which may comfort the 61 europeans voting. but in an odd twist, if neither can garner the required two-thirds majority, the cardinals may see it as a sign neither is god's choice and drop both. just like the conclave did in 1978 when pope john paul ii emerged as the surprise choice. that opens the door to someone like canadian mark ulay.

he's head of who decides the bishop. he also has ties to south america, which makes him a uniter of the old and new church. this scenario is what fuels the prospect of an american pope. to be sure, this is the first time americans have even been mentioned. the two big names, boston archbishop sean o'malley, known as taking a hard line on addressing the sex abuse scandal. and new york archbishop timothy dolan. a unique combination of church conservativism and charisma. >> i'm ready to go home. i ran out of socks. >> reporter: insiders say an american has but a prayer of being pope, however, if you're going into an election where only god can win it for you, the conclave is the place to be. >> and chris is joining me now from rome. so, chris, in your piece we get a sense of kind of some of the potential frontrunners, but as you're saying, it's difficult to

even call them frontrunners. >> yeah, it really is. i've got to tell you, it's almost a little embarrassing how difficult it is to report this. these guys don't campaign. the only people who know aren't talking. even the word we call them, it basically translates to "able to be pope." that's where the bar is, because this isn't a typical political election. it's secretive, and that makes it interesting to watch, but tough to cover. >> so you're there, you've been talking to people. the people who will be doing any kind of talking, what's the sense on the ground of how quickly we could have a new pope? historically, recently, it's one or two days they are in conclave. >> so here's what we hear, the foreign cardinals came in and there was legitimate tension between the insiders and the foreigners. that's why they delayed the date for the conclave. now, overall in terms of timing, they are at or ahead of schedule, but we also hear from people, vatican insiders and those who monitor the conclave in general, they expected to go

longer. here's why. this really could be a water shed moment for the catholic church, kate. they are dealing with things that they've never really dealt with before and there seems to be motivation for real change in policy. and that may mean that it's going to take successive votes that can go into days before real consensus is formed. >> all the while the suspense will be building as we wait for that smoke. you'll be there. big day tomorrow. chris cuomo in rome. thanks, chris. >> thank you. let's take a closer look now how the process will play out. tom forman is inside a virtual sistene chapel. tom, walk us through the process. >> wolf, as you know, the sistene chapel is one of the most public places in all of italy, maybe all of europe, thousands of tourists pouring through here to see the building, most of all to see the enormous and magnificent painting by michelangelo in the 1500s. but it has now been transformed

into the most secretive and private places. the windows have been painted out. they have swept the room for electronic bugs so nobody can listen in here, because this is where the cardinals will select the new pope for the 1.2 billion catholics in the world. look where they are around the planet so you can get an idea what we're talking about here. there are a great many in south and central america, 501 million catholics there. there are a great many more in other places, 285 million in europe, 186 million in africa. 89 million in north america. nonetheless, a lot of people no matter how you slice it, but the decision will be down to a very few, in fact. there will only be 115 cardinal electors here. they will likely vote once that first afternoon, otherwise two votes in the morning and two votes each afternoon, wolf, until they have a new pontiff. >> so, the voting process specifically, how does it work? >> the voting process, as you might guess, look around this room here.

you look at all the history, all of the great traditions that are here, and that's very much what dictates how they handle this process. as the cardinals gather here, they will take a vow of secrecy. there are no cell phones, no pagers, no blackberries, no newspapers, no communication with the outside whatsoever until this process is done. they say that upon pain of ex-communication if they were to spread the secrets of what happens in here. when they gather in this room, it's a very quiet and solemn event, we're told. they sit down and are each given a piece of paper which says this is my vote for pope. they take that piece of paper and they write upon it the name that they wish. then, each one of these people will fold it, each cardinal will fold his piece of paper twice, he'll hold it over his head, walk down the center aisle up to the alter, kneel briefly in prayer right here, then holding his vote up he will drop it into a receptacle on the alter.

after they are all up there, a group of three cardinals that were selected will count them to make sure there are the same number as everyone else in the room, then they will read aloud the names so everyone can hear it. and as each vote is recorded, it will be threaded with a needle and thread to create one string of all the votes so there's no possibility of one being voted twice. as chris mentioned, two-thirds vote, there's the new pope. if you don't have 77 votes or more, then this is a no vote. they don't have a new pope yet. no matter what happens, the ballots are taken twice a day to the back of the room. that's where they have the stoves. two, one on the right and one on the left. one on the right is where the ballots go, left other things are burning. they put them inside. if no vote, damp straw and chemicals to the stove on the left and black smoke flows up and out of the top of the sistene chapel to say, no, we have not chosen a pope. but, if they do have a decision,

they let the smoke run free and clean and white and everyone knows that a new era in the catholic church has begun. wolf? >> what an exciting moment that will be. of course, we'll have live coverage of all of this throughout this week. let's see how many days it takes. excellent report. good to see you in the virtual sistene chapel. tom foreman, thank you. >> unbelievable access being able to get in the sistene chapel. it is the armistice that ended the korean war, now north korea is declaring it null and void. new tensions threatening boilover. the only underarm treatment for low t. that's right, the one you apply to the underarm. axiron is not for use in women or anyone younger than 18. axiron can transfer to others through direct contact. women, especially those who are or who may become pregnant, and children should avoid contact where axiron is applied as unexpected signs of puberty in children or changes in body hair or increased acne in women may occur. report these signs and symptoms to your doctor if they occur.

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tension along the world's most heavily fortified border between north and south korea. it's now heating up at an alarming rate with growing talk of nuclear weapons and war. our foreign affairs correspondent jill dougherty has the latest from the state department. >> reporter: as thousands of american and south korean troops carry out their yearly joint military exercises, tension on the korean peninsula heats up. kim jong un's regime, furious over united nations sanctions punishing it for nuclear tests declares null and void the armistice that halted fighting in the korean war 60 years ago. at the demilitarized zone between the north and south, pyongyang cuts off an emergency hotline with the south and threatens to launch preemptive

nuclear strikes against south korea and the united states, drawing fire from president barack obama's national security adviser. >> there should be no doubt, we will draw upon the full range of our capabilities to protect against and respond to the threat posed to us by north korea and our allies by north korea. >> reporter: the u.s. immediately imposed new sanctions and warned neighboring china about its relationship with the north. >> we believe that no country, including china, should conduct business as usual with the north that threatens its neighbors. >> reporter: south korea, with its new conservative president says it's considering developing its own nuclear bomb. a highly flammable mix on a peninsula with more than 28,500 u.s. troops, more than 600,000 south korean forces, and more than a million north korean soldiers led by an unpredictable kim jong un. >> this particular combination, you know, the intense rhetoric also an unpredictable leader

makes this a pretty tense moment. >> and u.s. military intelligence is watching north korea, as you can imagine, very carefully. they've increased surveillance, but so far, wolf, they are not noticing any abnormal or unusual troop movements by the north. >> that's a really, really tense situation. we're going to be covering it, obviously, very closely. jill, thanks very much. a new book by facebook's coo is igniting a national debate about women, work, and family. next, inside the life of deb by wasserman schultz. niversity of . our average class size is only 14 students. our financial tools help you make smart choices about how to pay for school. our faculty have, on average, over 16 years of field experiene. we'll help you build a personal career plan. we build programs based on what employers are looking for. our football team, is always undefeated. and leading companies are interested in our graduates. we'll even help you decorate your new office.

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facebook coo sheryl sandberg is called "lean in." over the next few days, cnn is joining the conversation on what women want when it comes to career and family. important conversation to have. our lisa sylvester looks at the multitasking capabilities of one woman, congresswoman debbie wasserman schultz. >> reporter: a quick glance at this bagel shop in florida and it's hard to notice debbie wasserman schultz is even here. she blends in. here she is, just another mom. >> your family okay? good, good. >> reporter: debbie wasserman schultz, a mother of three, to 13-year-old twins and a 9-year-old daughter. she doesn't like the label of supermom, but it's kind of hard to think of her otherwise. chairwoman of the democratic national committee, a member of the u.s. house of representatives from florida, breast cancer survivor, up until recently her daughter's girl scout troop leader. well, she's not too bad at sports either.

>> my job is, and responsibility and most fervent desire is to be their mom first and build my very rich and full professional life around that. >> reporter: to juggle it all, she relies on her husband, who she has nicknamed st. steve. he is the primary parent when she's in washington during the week. her parents and friends also chip in. wasserman schultz does believe women can have it all, with a strong support system. >> she's probably more the school parent and i'm the more chauffeur parent. >> reporter: she's on top of her kids using skype and face time making sure their homework and projects get done. she'll schedule work meetings around her family schedule, but she candidly speaks about the downside of her job. >> shelby asked me last night, you know, when are you going back, mom, every weekend i get when are you going back, mom? sometimes, i don't really like your job in congress. i know, sometimes i don't like it either. but she also understands there's

really cool things she gets to do, my kids get to do, because their mom's in congress. >> reporter: what are some of the cool things? >> getting to see the president, going to the white house picnic. >> reporter: and it's not always easy for her children, having mom in the public eye. wasserman schultz was driving her daughter to soccer practice when she heard her good friend gabby giffords was shot. >> they've actually never really said, mom, can you be shot, but i know they -- i can tell when they worry about it. >> reporter: like many working moms, for wasserman schultz, it's a tradeoff. she believes passionately in women and moms to be in congress to give a voice to issues that would otherwise be ignored. >> the diversity of how we prioritize the agenda, if it's all men, who are -- whether they are parents or not, then their life experience is different. >> reporter: but she says it's not just women who need to

rethink the work life balance issue. >> how do we raise the next generation of boys to grow up believing that equal parenting is important? >> reporter: and her future path -- what's next, do you want to run for the senate? what's next? >> that's what i want, speaker or president. >> okay. >> for president. >> and she has learned not to just lean, but to lean on others. and for her future political plans, she won't tip her hand, but she started her career when she was in her 20s, so she still has a long ramp and still a lot more yeefr years ahead in political life. >> there are a lot of amazing women in politics able to juggle it. it's tough and no sure fire way to do it, but they seem to pull it off. >> everybody asked me the question, how many nannies does she have, zero. she relies on her husband and family. that's how they are able to get

it done. >> important conversation thankfully we are having. glad sheryl sandberg ignited that. >> the controversial soda ban in new york city overruled. the last-minute ruling that could change everything and how mayor michael bloomberg is responding. you'll be better equipped to deal with today's issues and make an even greater impact. let's get started at capella.edu. 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.

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i'm erin burnett. coming up tonight, my exclusive conversation with laura bush. she talks about her daughters and how they are leaning into their careers. we talk about sheryl sandberg. we talk about hillary clinton, social issues, and the republican party. plus, the first horse meat processing plant to open in this country for six years. what it actually looks like. and we have a conversation with jim jones. all that coming up at the top of the hour. "the situation room" returns after this.

residents of new york city are getting a reprieve on the city's ban on those super-sized sugary drinks. >> cnn's mary snow is working the story for us. >> reporter: it was a first of its kind effort in the country to ban soda, sugary drinks, even some types of coffee beverages from being served in containers larger than 16 ounces. the idea was part of mayor

michael bloomberg's effort to fight obesity. but beverage companies, restaurants, movie theaters and others fought back against what they called a nanny state. they went to court, and now a state supreme court judge invalidated the city's rules, saying it is arbitrary and capricious because it applies to some but not all food establishments in the city. it excludes other beverages that have significantly higher concentrations of sugar sweeteners and/or calories on suspect grounds. lattes and other drinks that were at least half milk were not on the list. and supermarkets and convenience stores were also exempt. but the mayor has vowed to appeal and press ahead. >> if we are serious about fighting obesity, we have to be honest about what causes it, and we have to have the courage to tackle it head on. 70,000 people will die of obesity in america this year. 5,000 people in new york city will die of obesity. >> reporter: the american beverage association, for one, considered it a victory. the court ruling provides a sigh

of relief to new yorkers and thousands of small businesses in new york city that would have been harmed by this arbitrary and unpopular ban. local businesses were worried about their bottom line like this theater that says 30% of its business is from large beverage sales. this is the largest size. it's 44 ounces. this is the smallest. it's 22 ounces. the theater would have had to lose those large sizes in favor of 16 ounces or less. it had general manager russell levinson worried his small theater would lose tens of thousands of dollars in sales. >> on an independent theater like ours, it's a pretty significant hit. >> reporter: levinson says even he agrees that large sugary drinks can add to obesity problems, but he said it's not for the government to decide. now, that movie theater that you just saw along with other businesses held off on making changes until this lawsuit was

resolved. now they'll wait until an appeals judge makes the final decision. kate? >> clearly this fight not over. mary, thank you. speaking of sugar, next, the new way to separate your oreo. 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 and lobster tacos. my favorite entree is the lobster lover's dream. what's yours? come celebrate lobsterfest and sea food differently. [ male announcer ] visit redlobster.com now for an exclusive $10 coupon on two lobsterfest entrees. [ male announcer ] how could a luminous protein in jellyfish, impact life expectancy in the u.s.,

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we all love oreos. >> we certainly do. >> here's cnn's jeanne moos. >> reporter: the old way. ♪ oreo creme sandwich >> reporter: to unsandwich the cream, step one. pull apart oreo. step two, scrape with inscisors. but now there's a more incisive way. oreo separator machines. nabisco is going against its o