that's all for us tonight. we enjoyed it so much a week ago. >> per good evening. president obama defends his signature health care reform law and the cabinet gets thumped for how poorly the roll out of the website is going. breaking news in the death of a 17-year-old african-american young man in georgia. kendrick johnson's parents insisted it was not an accident as local officials concluded, but murder.

earlier today a judge in georgia ordered the release of new potential evidence of surveillance from the high school gym where his body was found taken before he died or was killed. we learned the justice diameter announce whether his death warrants a kifl rights investigation. details from victor blackwell. victor? >> in just a few hours, michael moore will announce whether or not his death will get the federal investigation. michael moore who had i contact with that he had this information, he led a search and the family desperately wants this investigation. >> months of protests. sit ins and marches had shaken

the small south georgia city. demonstrators want answers in the death of kendrick johnson and soon a u.s. attorney will announce whether or not he wants answers too. in january he was found dead at school. investigators with the county sheriff's office said he squeezed his 19 inch shoulders into the 14 1/2 inch center of this rolled gym mat and got stuck upside down while reaching for this shoe. after an autopsy a medical examiner with the georgia bureau of investigation agreed the official cause of death was accidental positional asphyxia. he was cufficated by his body weight. >> we examined the alternatives and the only that fit the evidence and the pardon meial evidence we received was this is an accident. >> an accident. we just didn't believe it. >> kendrick's parents kenneth

and jacquelyn believe the story is a cover up. >> when i viewed his body that sunday, you can see something happened. you can tell he was beaten. >> they want the u.s. department of justice to launch a federal investigation. >> if they don't come in, they want to send it to the rural. you can kill as long as you can get away with it. >> in june they hired ander to conduct an empty autopsy. he found evidence of bleeding under the skin. >> we are able to diagnose the blunt force trauma to the area. >> he took blows to the neck? >> at least one blow to the neck. >> in your view this is a homicide? >> yes. >> dr. anderson said his organs were missing. he was stuffed with newspaper. the georgia secretary of state launched an investigation into that.

questions made the johnsons more suspicious including why the shoes found yards from his body were not collected as evidence and how did someone's blood end up on this wall in the gym? they laid out the facts for the special agent. >> i don't believe this was an accident. i think he met with foul play. >> in september a spokesperson said we do not see sufficient indication of a civil rights violation to authorize a civil rights investigation. however behind this boor, michael moore continued to review the case and will announce whether or not there will be a federal criminal investigation. in early october, he said this is about getting to the facts and the truth and we want the johnson family and the community to have confidence in the process. after nine months, the johnsons say they will not stop until

they get an consider, no married what they decide. >> how long are you willing to fight? >> until i die. if it takes until i die, i will fight until i die. >> all the other color should be released and have you seen the video? do we know what it shows? >> we have seen a few clips literally four clips and about 20 seconds each. that's generous, but we know thousands of hours of surveillance are coming. 40 cameras in that area of the gym, we have a clip of what's happening in the gym at the moment that kendrick johnson walks in. the attorney said there were minors in and we blurred them to protect their identity. they are playing basketball near the camera. we see him run at the bottom of the screen to the far side of

the court. we know that's where the mats are and we are waiting for the rest of the massive file that can come in the next few days. >> in that video, the gym looks very open. the mats, are they visible to the people in the gym? we see him running on the lower ride of the screen and other folks playing basketball. are they in another room or out in the open? do we know? >> they are in the gym. if you are looking at the screen, they are not top right corner of the screen in which kendrick johnson was found. there is no specific time stamp on this. we don't know how long it was between this game of basketball with the people who were there, the other students and when he went into the mats. we are hoping to get all the angles and put it together in the next few days.

>> there hundreds of pages where investigators focusing on something specific? >> we know they were focusing on a few students and they pulled their attendance records and class schedules. just a few students and they didn't do it for all of his classes. there was one student who was not here, but he was interviewed and found out about his involvement in the few days leading up to his death. >> appreciate the update. his parents enlisted the help of benjamin crump who gained attention in the trayvon martin affair. he joins us along with his cocounsel. how significant is this release for you? >> i think it's a major

development. if you consider when this case first broke, the theory as to what occurred that was difficult for people to believe and now that we have the benefit of looking at video that will prove what the sheriff had suggested is something ha people could believe and whether if people dismissed it, they are confident in why they should have dismissed it. >> you haven't gone through 2,000 hours of video. you indicated that authorities have said on the tapes, you will not see johnson entering the mat, does that hurt your case? >> to the contrary. it helps our case. remember the biggest thing here is that the cause of death and somehow the sheriff concluded that 17-year-old climbed into a

wrestling mat and stopped breathing. if it is not seen here, the more logical conclusion, someone rolled him in there after he was murdered. that is more significant. you will not see him climbing into that mat and that helps our case. >> the unredacted case file was released. is there anything significant so far? >> we just got 400 pages of unredacted information. we want the right to solve this mystery for mr. and mrs. johnson and the fact that we have the names and identity that can help us in our investigation. >> you are hoping to get a change in the cause of death from accidental? >> yes.

the video today won't be a home run hit. we won't see him like that or anything, but people who are in and out of that gymnasium, people who came that night to help us get the answer. >> have you gotten more explanation? they found blood spatter on the wall, multiple blood spatter and they never tested that. has anyone explained why that wasn't tested? >> no. we chalked it up to poor investigative work technique. and there a number of inconsistencies and matters that were overlooked and either reflect poor workmanship on the part of investigators or maybe a

lack of concern for what they were supposed to be investigating. >> the idea that they stuffed or somebody, unclear who, but they stuffed newspaper in his body instead of his organs. have you gotten explanation for how that happened? >> we have been trying to get that back, but it's a big part of the mystery and it keeps getting deeper and deeper when you think somebody cut back his finger nails and misplaced his clothes that would have dna and blood evidence on it and somebody lost his vital organs that would have given us objective evidence, that's part of this murder mystery as to what happened to kendrick johnson. >> thank you. >> thank you. >> follow me on twitter and let me know what you think about the case. coming up next, president obama goes on the road to health care reform to explain all the

glitches and that doesn't begin to describe it on the website. how he spreads that needle. an up-close look at the accountability moment for the woman in charge of the moment that went on for hours. the story of a little boy and his pal who happens to be the pope. amazing story. i'm on expert on softball. and tea parties. i'll have more awkward conversations than i'm equipped for, because i'm raising two girls on my own. i'll worry about the economy more than a few times before they're grown. but it's for them, so i've found a way. who matters most to you says the most about you. at massmutual we're owned by our policyowners, and they matter most to us. ready to plan for your future? we'll help you get there.

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. >> welcome back. the fight over obama care playing defense and offense at home and on the road before friendly crowds and one rough crowd. health and human services drew

the hometown hostility on capitol hill. he had better luck in massachusetts like obama care for the last seven years. he underscored the similarities and addressed criticism that he oversold the aspects and acknowledged that the website was a mess. >> there is no denying it. the website is too slow and too many people have gotten stuck and i'm not happy about it. neither are a lot of americans who need health care and they are trying to figure out how they can sign up as quickly as possible. trs no excuse for it. i take full responsibility for making sure it gets fixed asap. we are working overtime to improve it every day. >> that was only part of what he said. jim acosta joins us with details. >> the white house billed the speech as a romney care

comparison and i chance for the president to do damage control. >> that's right. you did hear the president talk about that a little bit and he said under romney care and the health care plan in massachusetts, only 100 people signed up and this is similar to what's happening with the obama health care law. this was all about damage control. you heard the president say that he takes responsibility and he is going to make sure it gets fixed. you heard kathleen sebelius who said all of this was by design. if they say we are taking responsibility and pay that pound of flesh, they can turn the corner and move on. >> making comparison to romney care, it depends how you slice the numbers. he addressed the if you like it you can keep it promise. what did he say some. >> the senior white house official told me that this was the president's first swing at

this controversy. a lot of people said wait a minute. this was a misleading statement. the president went back to the white house talking points that it's the insurance company who is are doing this and not obama care. that doesn't stack up with reality. here's what the president had to say. >> if you had a substandard plans before the affordable care act became law and you liked that plan, you are able to keep it. that's what i said when i was running for office. that was part of the promise we made. but ever since the law was passed, if insurers decided to downgrade or cancel the substandard plans, we said under the law you have to replace them with quality comprehensive coverage. that too was a premises of the affordable care act from the very beginning. >> and the senior white house official i talked to basically acknowledged they have a tough clean up in cleaning up the original promise that if you

like your plan, you can keep it. by saying people who are losing their coverage because of new requirements and they can go into new obama care plans that does make up for some of it though a lot of people will be put through big disruptions. >> for some is may cost more. the president spoke before a friendly audience. the health and human services secretary fielded tough questions from house lawmaker who is have been waiting for a long time to grill her. before bringing in the chief congressional correspondents, i want to play key moments to get a sense of how it unfolded. >> i am as frustrated and angry with anyone with the flawed launch of healthcare.gov. let me say directly to these americans. you deserve better and i apologize. the site had serious problems. >> who are is in charge, madam secretary.

>> hold me accountability. i'm responsible. >> the president is ultimately responsible for the roll out. ultimately. >> no, sir. no, sir. we are responsible for the roll out. >> you are saying the president is not responsible for hhs? >> sir, i didn't say that. >> it is the president's ultimate responsibility, correct? >> you clearly -- whatever. yes. >> to to, we are not in kansas anymore. >> i know we are not in kansas, but i believe we are in oz because of what i see here. >> if you are wrong, will you go into the exchanges. if you can, will you? that's a yes or no. if you can, will you? >> i will take a look at it. >> that's not an answer. >> my republican colleagues actions reminded me of when i was a little boy. the story of chicken little who yelled the sky is falling, the sky is falling. unlike them, they are rooting

for the sky to fall. >> sir, i was informed that we were ready to launch on october 1st. the contractors who we had assor private papers told us and told this committee that they had never suggested the delay and that is accurate. the cms team felt we were ready to go. i told the president we were ready to go. clearly i was wrong. the website never crashed. it is functional, but at a very slow speed and low reliability. >> it's been down the whole time you have been testifying. it is down at this moment. >> if you live in the 36 states that don't have their own exchange, it's impossible to use the federal site to shop for coverage. vice president biden threw up his hands when asked about it. >> have you tried to get online? >> no, actually the president tried to get online. my daughter tried to get online.

i did not because it was clear that i wasn't getting online. >> a lot of tough questions for the secretary today. what was the response to her testimony? >> like everything we have seen with obama care since that law was debated as a bill here, it was highly partisan. probably didn't surprise you there, but how kathleen sebelius went in much like the president and with determining it was falling on her sword. saying it was clear despite being told it was rate to go live, it wasn't. what was interesting is that despite all the apologies with regard to the website, she said that she was denying any sense of wanting to expand the enrollment deadline which is march 31st to give people more time. she said no. we are not going to expand that.

also she flatly said no to any questions about delaying the penalty that people would have to pay if they can't get insurance. everybody under this law is mandated to have insurance. she is saying no way even as she admits that the website still has serious problems. >> a lot will depend on when they get it fixed. who knows when they will be. they say the end of november. who knows. beyond the website problem, she was grilled about people being dropped from individual plans that the president repeatedly said if you like it, you can keep it. what did she say about that? >> what is important to note on this line of questioning particularly from republicans is that from the house speaker on down, they are telling the rank and file they think the website is going to be fixed and the republicans should focus on what they think are the more systemic problems with the law itself. you saw republican after republican coming out with horror stories from their

constituents talking about how they are getting dropped from their own plan. let me show you one example of that. >> what do you say to mark and lucinda in my district who liked their plan and it is being terminated and now they don't have health insurance. >> insurance companies cancel individual policies year in and year out. they are a one-year contract with individuals. they are not time plans and not an employer plan. >> let me move on. >> i will remind you some people like to drive a ford and not a ferrari and some people like a solo cup and not a crystal stem. you are taking away their choice. >> for seemed like the secretary struggled to explain why there is so much confusion and why people are getting letters saying why people can no longer have the health care they had. leading the witness to try to get her to clarify and the gist

is that people are getting dropped because the plans that they have don't live up to the new guidelines and benefits that are now required under this law. ultimately people are rolling out and the problem is very, very difficult and people are worried. >> when she was on the show, she did terribly. he gave her every opportunity to dig herself out and she seemed unable to. are there a lot of calls for her to be fired? >> definitely calls for her to be fired. none new since the hearing today. republicans saying why aren't you out there getting the obama care exchanges like everybody else. you should do this as the leader. the answer was i can't do it.

she seemed to suggest because she is a recipient of federal health care plan right now, but later her aides clarified it's not so much that, that is not why she is not getting obama care herself. she is 65 and she is a medicare recipient. that is the reason. you can't get medicare and obama care at the same time. that could speak to the continued confusion. the secretary of hhs doesn't. it's confusing. . >> the view from the left and the right. >> in a sweet today, sebelius is dishonest and exceeds anything president nixon was confused about. they cannot tell the truth and survive. are you really saying that -- comparing what she said to what richard nixon said lying and covering up experience some. >> i think in terms of being dishonest, take the last four

days or three days in the white house. saying that obama care doesn't cost anybody their insurance. we had reports that the white house is pressuring and if true is an illegal, bus of power. the website never crash and cnn had a split screen and showed the website down at the very moment she was testifying it wasn't down. you go through item by item by item. the president finally after two,000 or 3,000 times saying no one will lose their insurance. finally today began to modify when he was in boston. something which he repeated knowing it's not true. i do not believe that president obama is such a shallow person

he did not know that millions of americans would lose their insurance. >> what are about that? >> if the president knew, why was he constantly saying if you like your insurance and doctor, it won't change. it sdldoesn't meet the affordab care act. >> we want the president to be responsible and i think they have to be responsible and to drag out the corpse of richard nixon and to start pointing to high crimes and misdemeanors. that compared to a glitchy website. no compare and part of what's going on now is the atmosphere of partisanship has gotten so extreme and severe, we can't

tell the difference between high crimes and misdemeanors and exaggeration of a website. it goes beyond just glitches. with the statement, there is no burglars. >> i'm moving o. your call and what president said time and time again, an overstatement. wouldn't you say it was a lie? >> i will tell you what they say. it was overly broad and that was a mistake. you will pay a price for that in terms of his credibility and standing. i will say this. it was a context. you had over alarmists saying that stalin was on the march. you have the president giving overly extreme assurances on the

other side. all of this is a symptom of a deeper problem. at the end of the day, you had a lot of people who were suffering under the old system. big losers. you were a big loser in the old system. we have a new system. they are winners. but there people who it appears to be losers. they shouldn't be political footballs for the republicans and they shouldn't be ignored by democrats. we need to fix obama care and upgrade. right now everybody is scoring political points and nothing is getting done. >> van does as good of a job of defending the indefensible. the president of the united states on thousands of occasions said you will not lose your experience and will not lose your doctor and will not lose your hospital. it's either true or not true. you can use big words, but the fact is the president of the

united states knowingly, if he had said about 16 million of you will lose your experience, but it's for the better good, he may not have gotten elected. they chose a path that is wrong. >> they were losers under the last system and they cannot be discriminated against because they are women. if they are losers urn the system and appear to be some, democrats should be stepping forwar forward. >> speaker, good to have you on. up next, an audience with a pope. a little boy stole the show.

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>> pope francis delivered a message and it was a boy from the audience that stole the show. he wanted to be part of the action and jumped up next to the pope and refused to leave his side even after the aide offered him candy. >> st. peter's square saturday night. the pope is speak about faith and family when responsible before a crowd of thousands he is upstaged by a little boy he never met. the enjoy climbs into the pope's chair while the pope is delivering the homily. often waving at the audience. with the holy father sitting down, the little boy examines him up close and even touches and kisses the cross he is wearing around his neck.

instead of chasing the boy away, the pope smiles, practically encouraging his new friend to hang around. make no mistake, this boy thinks he is running the show. he tries to break up the meeting between the pope and another man and he attempts to drag this girl into the mix to meet the pope. at one point a cardinal trying to move the boy along, but he stands his ground. soon after a security guard makes another attempt to get the boy off stage thinking candy may be enough to lure him away. he takes the candy, but no deal. he hugs the pontiff's legs. the pope stays on message, patting the child on the head. instead of losing interest, the boy seems to grow more and more enamored with the pope. turns out this boy and holy father had something in common. they are both south american. the little boy is an arfan from columbia adopted by an italian couple about a year ago.

the children from the agency are seated closer to the stage separated from their families. not that mom and dad would have been able to wrangle their son away from his new buddy. an unforgettable moment part of history now. when it was over the vatican shared this photo. the caption is clear. a special guest with pope francis. randi kaye, cnn new york. >> amazing. a lot more happening here with the 360 bulletin. >> the justice department is joining a lawsuit with the nsa leaker. a former employer is accusing the contractor of billing the government for background check that is it knew and completed. kenyan officials say five more people are in custody in connection with the deadly terrorist attack on the west gate mall last month. 11 other people are already being held. at least 67 were killed after

gunmen stormed the shopping center. the south african olympic runner is facing new charges in the death of his girlfriend. along with murder, two gun charges are being added. they admit they claim it was an accident. take a look at what happened in milwaukee as the cruiser is chasing a speeding car. it swerves off the highway ramp and smashes into a barrier and goes airborne. the driver and officer were injured, but will be okay. the driver is charged with dui. >> incredible video. thanks very much. a horrifying story in california. 14 elderly parents abandoned after the facility is being shut down. they were left behind when the staff walked out. this man did not break a record but not because the wave was not big enough. we will talk to laird hamilton

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welcome back tonight. the owners of a california nursing home could be facing criminal charges after what happened after state took steps to shut down the facility. it's mind-boggling. the lives of 14 woulderly patients were left in the hands of three employees, one is a cook. they were under qualified to be giving that kind of care and

dispensing medications. there also heroes in the story. it was nothing less than chaos. they were abandoned by the majority of the care givers at valley springs manor home. >> how do you just abandon them? it's a bad situation. >> a bad situation is what the state of california said was happening here for years according to this complaint from the department of social services which was in the process of shutting the place down. last thursday the state suspended valley springs's license, citing a long list of violations like insufficient training and failure to provide medications to patients and not reporting patient injuries and horrible maintenance and cleanliness. the owners were not allowed near the facility. end of story, right? wrong. some patients were still there. by the close of business on

friday, anyone with authority was gone. nowhere to be found. the residents were left in the hands of two care givers and a cook who said they didn't have the training to do all they were doing for the residents and they felt compelled to stay. this man, a cook at the home for three months said he and the other untrained workers took over, trying to do anything they could to look after the residents who needed around the clock care. >> did you feel overwhelmed with what you had to do for the residents? >> i was overwhelmed on day two. >> because the patients needed help with everything from using the bathroom to preparing meals and taking medication which no one was authorized to provide. >> there definitely wasn't the people that was supposed to be giving meds. >> why did you stay? >> in my eyes i had to stay. i couldn't lef them there by themselves. no telling what could have happened. >> so many residents needed u e

urgent care he kept calling 911. >> we had 14 people with no one there to care for them. paramedics plus ambulance company and got them all transported to the hospitals. >> what's more the families of the people abandoned at the home didn't know it had been shut down. jean paid $3,000 a month to care for her sister and arrived to find she was not cared for at all. >> they should be held accountable. you can't vacate and leave your residents without proper care. this is what you pay for. >> there were no answers at the facility when we looked for the owner, hilda manual. we looked at her at home and nobody answered. they wanted to close the facility and why would they leave without making sure the patients were taken care of. >> the staff indicated they could provide care of the

residents throughout the weekend. that should not have occurred. >> they say there is no doubt they dropped the ball. >> the owners failed the residents. no one is going to doubt that part. do you believe that the state failed the residents? >> like i said, we had procedures that should have been followed and they weren't. we will figure out what that happened and make sure it doesn't happen again. >> that are would be a yes to your question. you were not able to find the ownership or talk to their attorney. what did they say about the residents left behind? >> the attorney said authorities here jumped the gun by removing the residents from the house. they were working to settle the violation issues with the government and they are saying that there was in no way that the owner was trying to abandon these residents. she wanted to transfer them out in an orderly fashion. >> do we know how they were doing? they were taken to different hospitals. >> right. some of the residents did go to the hospital and some have found

new homes and care facilities and we know that as of tonight, there is one resident who is missing. he was in the hospital and missing from there. apparently this person has done this before, gone missing. they are searching for him and confident they will find him. >> heart breaking. thanks very much. new questions about the monster ride. did he pull off a record? laird hamilton said maybe not. [ male announcer ] and more of a journey. keep going strong. and as you look for a medicare supplement insurance plan... expect the same kind of commitment you demand of yourself. aarp medicare supplement insurance plans insured by unitedhealthcare insurance company. go long.

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>> a surfer is waiting to see if he set a world record. an incredibly dangerous ride. he told me how dicy it got. >> my foot was coming out of my foot straps. >> your foot was coming out of the foot straps? >> yes. >> that's crazy. >> it was crazy. >> the size of the wave could have been as much as 100 feet and it needs to be verified. laird hamilton said it doesn't matter how big the wave is, but he didn't break a record because he didn't finish the ride. he got wiped off his board. for those who say he may have set a world record and officially the size of the wave won't be determined if are

months in official competition. even that is controversial. you said he didn't complete riding the wave. >> i want to start by saying i have the utmost respect for carlos as a surfer and he's an accomplished big wave rider, but that being said, in the school i grew up in, unless you complete the ride, it's a non-factor. as every big wave rider knows, it's about finishing the ride. even carlos would tell you unless you finish the ride, you really didn't make the ride. otherwise it's a great attempt. >> i talked to carlos last night. i top the play some of what he said. >> i was so happy when i made it all the way to the bottom and i hold the first whitewater and the second whitewater i couldn't hold anymore, but i made it and i made it and i was glad just to do it.

>> so he said when the first whitewater came, he was able to stand on his board and the second he was not able to stay on. if this is submitted for official review to see if he rode this and how big the wave was, is that something they look at or simply look at the volume of the wave or the size of the wave from wherever the base is that they measure? >> it's so subjective trying to measure a big wave and so many factors. a famous wave rider and he said it's not the size of the dog, but the size of the fangs that you worry about. a lot of people have won the biggest wave of the year award and not had successful rides and didn't complete the rides. most of us from hawaii the school i come from and all the people i respect as big wave riders, we all agree unless you make the ride, you can't and it

shouldn't be able to be submitted. you can be the wipe out or attempt of the year, but the biggest wave ever ridden would be more like the biggest wave ever attempt and that would be a more honest depiction. >> you are saying you respect him, but you don't think he made it. >> he didn't make it. he wiped out. making it means you kick out. you end in a safe zone and you are able to be picked up or paddle away freely. if he continued to out run on the whitewater and it hit him multiple times, that possibly could have been one of the greatest rides ever ridden. the fact is that when you get run over by the wave, that is not making it in any school i have ever been to. >> do you think riding a 100 foot wave is possible? >> there so many different kinds of waves. with the ideal conditions at the right spot is a 1 help helped

foot wave possible? absolutely. has it been done already? maybe it has. it always plays back to your intentions. why are you doing this? most of the big wave riders, carlos included, we do it because we love it. we have been training our whole lives. we would do it if no one was watching. >> it's extraordinary what you do and appreciate you being on. >> thank you, anderson. >> the trial of the doctor accused of killing his wife to be with his mistress. heroic actions caught on camera. u choose any car in the aisle... and go. you can even take a full-size or above, and still pay the mid-size price. (aaron) purrrfect. (vo) meee-ow, business pro. meee-ow. go national. go like a pro. so ally bank has a that won't trap me in a rate. that's correct.

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>> the daughter of a utah father testified about the affair of her dad. she described how her father admitted to overmedicating her mother after face-lift surgery. looking into puzzling detailing around an air crash, killing the only person on board, a canadian pilot. it was not discovered for almost seven hours. the president of the flying club said there was an unexplained two-hour gap in the flight. a bus driver who stopped a young woman from jumping off a bridge is hail said as a hero. he spotted the distraught woman in buffalo, new york.

his coworkers call him a big man with a big heart. he said it was meant to be. he was supposed to be there at that moment. >> we are out of time for tonight. that does it for us. our new panel discussion is am category up after the break.

you tell us what you want to pay, and we give you a range of coverages to choose from. who is she? that's flobot. she's this new robot we're trying out, mostly for, like, small stuff. wow! look at her go! she's pretty good. she's pretty good. hey, flobot, great job. oops. [ powers down ] uh-oh, flobot is broken. the "name your price" tool, only from progressive. call or click today.

welcome to the show, everybody. welcome to "ac 360 later." andrew sullivan was just pretending he's in the world series. who is the most powerful person on the planet? find out who forbes magazine says and if you agree with the panel. also later celebrities head to rehab as a tool to get them out of messy public relations. singer chris brown is the latest. is it a way to tamp down the negative press coverage? health and human services sear