>> thanks, chad. i have a quick e-mail. remind people to set a time on their stove when they let their pets outside in the cold. a very good advice and take care of all the elderly out there as well. tomorrow, new year, new year, expert advice on turning your life around from chef jamie ol verse, jane paulie and sharon sheppard. sheppard. "ac360 later" starts right now. -- captions by vitac -- www.vitac.com welcome to "ac360 later." tonight everything from deadly cold weather to getting baked and whether it could mean trouble. we will talk about a kennedy and about the cheneys. it's all at the table. with us andrew sullivan, mikayla angela davis and jeffrey toobin.

out in the cold, stephanie elam in minneapolis and chad myers in the weather center. stephanie, how cold is it where you are right now. what has it been like? you have been out there for hours. >> it has been a long day out here in the cold. it is negative 15 degrees out here. and it feels more like negative 40 degrees with the wind. we have seen it snow but the snow has been an after thought. you don't think about the snow. it's about the wind and the cold. it was so cold that the governor had the public schools closed and tomorrow is the fourth day in his life he has gone without school. they are used to cold in minnesota. but it was so drastic they didn't want to take any classes. a lot of police out making sure people are in shelters. one thing that was funny is that crime goes down. that's definitely something that happens here, anderson. but what does seem to go up are

the domestic disputes because people are caged up in their houses. but there is one shelter here, a salvation army shelter with over 700 people spend the night last night and that was a record. people just trying to get away from the bitter cold. >> i like you make the distinction between 15 degrees below and 40. is there much a difference? in 8:00 i asked who you pissed off to get this assignment and one of our bosses e-mailed you to say you didn't piss anyone off. >> i think we were still talking when he e-mailed me. that was nice of him. i think when you look at the difference between negative 15 to negative 40. i learned the difference today. >> do you have your snow trek thing? you did this in the 8:00 hour. i don't know if you have any

warm water left. if you take a glass of warm water and throw it into the air it turns into snow. i didn't believe this. >> this may be -- this may be too cold now because we just got this. it's been standing outside. if it doesn't, it worked earlier. watch the earlier feed, folks. here we go. >> i made snow. >> i mean -- >> that's good. >> if anyone was stoned at this table our minds would have just exploded. because i find that extraordinary. to me that is the equivalent of magic do. you have another one? >> that is the closest i will ever get to doing magic. >> i have to bring in chad myers. just explain how bad is it out there? >> you know, it's right over minnesota. it's right over stephanie right

now. the air kind of vaporizes out there. it's like how they make snow at ski resorts. here's the word you have heard too much today, polar vortex. it is always there but today it has shifted some. it's the shift of -- to the south of the polarer vortex th has created all this. that's when we get 40 below zero. it is warm in boston and a lot of the snow that happened last week is gone because it was 54 degrees in boston. but the cold air is on the way. 6 in binghamton. even though it is 32 in new york city right now tomorrow morning it will be 11. 11 degrees. i mean when i was living in d.c. they tell us let the water run. it's going to freeze the pipes. there could be thousands of frozen pipes with this.

it's 14 in atlanta. >> i want to bring back in stephanie. she has another glass of water. i just want to warn anyone in colorado who has legally purchased marijuana today, this is just -- step back from the screen and enjoy this. this is a good thing. just enjoy what stephanie is going to show you. i give it over to you. >> i have never, ever had a preamble like that. thank you, anderson. last time for the night, i think. let see if it works. there you go, a nice long vapor in front of the camera. andrew sullivan's cut away was brilliant. >> thank you for sticking it out so late in the cold with us. now we turn to the supreme court which put a chill on same-sex marriage in the state of utah. were you surprised by this? >> by the decision? >> yeah. >> 900 couples.

>> i would defer to jeffrey about the constitutional issues. but i think when one judge in one state decides that everyone can marry when there hasn't been a decision process in that state, you have every reason for the supreme court to say hold on a minute. the trouble is you have a fundamental right to marry. when you look at the constitution, i'm sure jeffrey will agree, the right to marry is so deep in the constitution as usually interpreted for heterosexuals it is hard to find a way to take it away. people will be saying why can't we and we'll have this conflict. i thought it would take a lot longer for this to play out. but it is accelerating. >> you are one of the people who have been talking about this long before most people ever thought it was a possibility. i mean, how do you look at it? >> it's a loss for the same-sex

marriage movement to. have a state where there were marriages and today there are no longer marriages, that is a big deal. i think we are building much more quickly than frankly i or others expected does the constitution command that gay people be married in all 50 states. >> the two big -- we have the defense of marriage act declared unconstitutional and proposition 8 struck down this year. but the court did not address the question of is there a right to marry in the constitution. when you see what happens in utah and other states will have to address this sooner rather than later. >> what will happen to the thousands that rushed to the courthouse in utah that are married now? what is their status? >> 150 got marriage licenses.

it's not clear how many got married. it's a painful, difficult and unsettled question, frankly. the attorney general of utah made a statement that we are looking into it. and are these people going to be able to visit each other in the hospital? will they be able to file joint state tax returns? will they get health benefits? it's not clear. >> but at the same time you're married, you're married and no one has the right to come along and say you are now divorced. >> there is one precedent that when -- remember in california there were some marriages that proposition 8 came along and the question was what happens to the people who got married. the california supreme court said they are married. they get all the benefits. that was under california law. i suspect something like that will happen in utah but it's not clear.

>> but when you have a whole community of people that want marriage equality and some got it just by a stroke of luck and others don't what happens to the fabric of the community at that point is what is at question here. you got lucky and made it past the deadline and all those other people -- their friends and family, how does that work? >> this is our federal system. states have different rules. >> in ohio, you viewed as more significant. >> i think that's -- >> explain why. >> basically this was about a couple who got married in maryland but lived in cincinnati and one of them was in the process of dying and the surviving spouse wanted to be listed on the death certificate as a spouse and the judge said yes, he should be listed on the death certificate even though ohio doesn't have same-sex marriage. i think it's going to be cases

like those, americans are mobile people. they get married in one state and move to another. they get divorced. >> they travel and have accidents. >> all of that will contribute to what i was saying earlier that the country will have to come to terms with same-sex marriage everywhere. >> i prefer it to go state by state. >> why? >> it gives people a chance to get used to it and societies the ability to talk it through. i've been doing this almost 25 years. i think we succeeded not because a court mandated this on everybody but because we raised the question. we told our stories and persuaded democratic majorities. >> you just said that marriage is so fundamental and so important -- what about the couple in mississippi that want to get married? you are going to say wait around because we have convincing to

do? >> yes. i'm a conservative on this. i don't think these changes should come about all at once. i think that a process in which this can be thought ability. and i believe in this country different states can pursue different solutions. >> we have to take a break. when we come back, chris kluwe says he is paying for speak out about gay marriage rights. he has been fired from the team. he says he was fired because three of his bosses, two were cowards and one was a bigot. liz cheney is ending her senate run. a lot more ahead. [ male announcer ] what if a small company became big business overnight? ♪ like, really big... then expanded? ♪ or their new product tanked?

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the final act of the cheney family drama. liz cheney citing serious health issues in her family. mike enzi has a wide lead. some accused her of being a carpet bagger and then her public feud with her sister mary over same-sex marriage. joining us is peter hamby. what do you think of her dropping out? >> i think she is being sincere. there are serious health issues with her children. this is not just an excuse to abandon what i think a lot of people thought was a terrible campaign. she was never able to articulate a coherent message of why i'm running other than we need new blood. but is that enough against a

senator who is conservative. >> her argument was he talked to much to the obama administration. >> the typical tea party challenger argument against an incumbent. and she supported the surveillance state, a strong national security apparatus. this does not fly with libertarians. >> but it made me think of chris christie and i'll explain why. chris christie, believe he is authentic. everything about this was a fake. she didn't live in wyoming. she wasn't as -- different from -- >> she messed around with the fishing license thing. you don't mess with the fishing license in wyoming. >> but it related to the issue of her living there. and once people believe you are a phony, i mean, al gore had

this problem. people don't think you are authentic -- she ran a tv ad. it is cheap to buy those in wyoming. you can saturate the state for three weeks for $150,000 and could have raised a ton of money. but her children said we're from wyoming and we have been here generations and generations. it's like mitt romney saying i'm severely conservative. >> is cheney new blood in washington? >> that's the thing that undercut the anti-establishment tea party frame that she was pursuing. but that doesn't square with other primary challenges. >> she took on a really well liked and well respected senator who liked him. he wasn't doing anything wrong. he was fine. the only thing that could explain her run was naked ambition. now look, naked ambition has

served many well over the years. but taking enzi on the way she did felt disloyal. >> some people have said she is positioning herself for a later run do. you buy that? >> she has a ton of money left over. >> and here's the thing, her political future isn't over. you know, she's young. she's in her late 40s. >> thank you for that, by the way. >> word. >> a lot of people -- >> any time. >> barack obama lost his first campaign. but bill clinton was voted out of office in arkansas but was voted governor again. i think she is saving herself a little face in the party. >> what do you think she wants? >> power. >> but i mean -- >> i think she definitely wants to promote and make sure her father's legacy is not regarded as a blot on american history. as i think it was.

and they both are dedicated to that posterity and legacy. >> and i want to talk about this story, chris kluwe says he was fired by the minnesota vikings he wrote about it on a deadspin. we spoke earlier tonight in the 8:00 program. i asked at what point did he suspect his career was over? and how was it related to his stance on same-sex marriage. here's what he said. [ inaudible ] >> clearly we are having audio issues. but what is interesting about this guy is he says he believes and other people saw other players witnessed this coordinating coach using

homophobic language saying that all gays should be brought to an island and nuked and he was going to hell with all the gays. >> he had been the punter for eight years. the average nfl career is about three or four years. he was living on borrowed time anyway. he was a good punter. it's not like one of the great players in the nfl got fired. the vikings could make an argument that they -- >> they are investigating. they appointed two jurists to look into this. >> you don't want a player a punter overshadowing the team. >> but there, i disagree with you. because his views on same-sex marriage shouldn't matter one way or another. can you punt? >> and he could.

>> look, his record was on average. >> he is a veteran who just had surgery. >> this reminds me of the jason collins story in the nba. he came out as a homosexual on in "sports illustrated" and a lot of people were critical of that within the sporting community. he wasn't picked up as a free agent the next year. >> i talked to kluwe about whether he thinks he is going to continue on in the nfl. here's what he said. >> do you think you will be able to play again somewhere else? it's one thing to speak out and another to write this article saying your former coach is a coward and the special coordinating coach is a bigot. >> that pretty much threw the stick of dynamite on that bridge. but i think my time in the nfl is done. i mean, you can't write an article like that and expect to play again. that's why i'm going to insist

on anonymity for the players who witnessed this. this could affect their careers. >> if there are players who witnessed this homophobic language by this coach, does he have a case? >> there won't be a legal case on this. football players are arrested all the time and criminal allegations that don't end their careers. if speaking out for gay rights ends your career but getting arrested doesn't, that is a problem for the nfl. >> it was free speech. and in fact, of course, as a straight football player, it was important and is important for someone like that to have free speech especially in the context of sports. i read the piece very closely and i wasn't entirely persuaded that it was a clear cut case of discrimination. but he does think that that

coach harbors horrible -- >> i don't want to defend the vikings too much. >> you are stuck on this. >> there was an intriguing part of that piece when he said he talked to leslie frazier, the coach, and he said you can't talk about religion and politics. that's the thanksgiving rule with your family, right? >> always broken. >> but it seems to be true, every time an athlete or coach wages in the culture wars, teams don't want this in the locker rooms. >> although the owner of the team came up to him and praised him for what he was doing and he told the coach and the coach said i guess i've been overruled. >> dean smith was a hero of the civil rights movement. i mean not all of -- >> not everyone in north carolina at the time -- >> but he is an icon there.

>> obviously he has been vindicated. >> is that your version of a beard, by the way. >> i was away for ten days and that's about what -- we were talking about beards before the program. >> that's sad. >> jay carney appeared with a beard. that is reputable. >> that's not a beard. >> it's like "game of thrones". >> a beard has to have it own heft. if the wind is blowing you have to feel the beard tug against the skin on your face. >> you have given this a lot of thought. >> constantly. >> great to have you on the show. after the break we are putting pot on the table. getting in the weeds and talk about colorado's ground breaking experiment. patrick kennedy is going to join us in the fifth chair.

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welcome back to the show. colorado's bold experiment in retail pot is six days old. business is booming and our "ac360" series "gone to pot" is looking at this. 55% of people think that marijuana should be legal. that is up from 26% in 1996.

18% in 1973. a lo t of people are still unconvinced including patrick kennedy. you don't think it's a good idea? >> i don't. >> why? >> i had the privilege of authoring a mental health act in congress. we are treating the brain and mental health like other physical health issues. a big part of treatment is prevention. public health is well founded. when you make something legal if accessibility is readily available there is going to be more people who use. now you deduct the fact that with probability, if a certain percentage of people who are prone to addiction if more people use, more people will be prone and more people will get addicted and we know with kids, that this isn't about 21 or

older but now because the n.i.h. did a report, survey of the future, which they showed there is greater usage and they look at their parents and friends -- >> you still think it's going to step down to them. >> it's like alcoholic. 52% of our teenagers use alcohol because it's legal. >> you don't buy this argument? >> i don't think there is day to a to back it up. if you look at california where there is liberal medical marijuana. you don't see much increase in usage at all compared to other states. and in states with medical marijuana you see a big decline in drinking. people substitute. they don't drink as much now they smoke marijuana. >> you don't believe it is

addictive at all. >> there are alcohol dependency issues. >> so i don't propose to be an expert on this. but i rely on the director of the national institutes on drug abuse. the statistics show more kids are using it. more than twice the national average in colorado. >> already. >> all the states with medical marijuana or legalization had two or three times greater use amongsted teenagers -- >> patrick, what about this -- >> i just looked at the data today. >> go to the n.i.h. website. >> criminal prosecution and jail -- >> i -- >> make your point. >> there are thousands of people in prisons in this country. many of them african-americans. i spent a lot of times reporting on stop and frisk. in new york city it's legal for

white people to smoke pot and black people get arrested for it. >> i don't disagree with you. >> how can it be tolerable? >> it is not tolerable. but you are con late inning two separate subjects. you are smart enough to understand. there is bigotry and discrimination in the judicial system. african-americans get more time than whites no matter what the crime. you are saying you are going to fix the racially charged judicial system by legalizing a drug when what we do know is the commercial drugs, alcohol and tobacco, have a disproportionate impact on minorities. in los angeles there are ten times as many liquor stores in minority neighborhoods. here's the implication, you have more minorities now have availability, use and get drug tested. guess what's going to get

happens and thc lasts in your system 30 days. what do you think this does for the unemployment rates. >> your answer is more criminal prosecutions of white people to even it out? >> i want to decriminalize it. but it's not the same as legalization. >> what is the big difference? >> you don't have a new industry. so tobacco, ojoe camel. it took 60 years to reverse the insistence that cigarettes are good for you. how long will it take where all the marijuana growers are getting the investment banking. they will be in the business of addicting kids. >> the point of ending prohibition is to keep it away from kids. you don't think they have access to this drug? they have access via criminals. we are trying to create a

situation where it can be available freely and in a regulatory regime. the point of the colorado initiative is safer. keep our kids safer. they can control it. you will never stop them from getting ahold of this or alcohol. but you can't have a seiner system whereby this is demystified and destigmatized. i don't know whether you have a problem with pleasure but i sure don't. >> but if more people have access to marijuana, more adults have legal access to it, doesn't that mean it will filter down to kids more readily? it's going to be somebody who, you know, buys -- >> i think one thing that will turn kids off pot is seeing their kids buy it. part of the appeal is it's subtrainian qualities. if it becomes like alcohol. which i agree can be abused.

you can have legal regimes in which you protect children. keeping pot away from children is important. >> answer the tobacco thing for me. we had to sue tobacco. they had a global settlement in order to get them to retract their advertising targeting kids. the liquor industry targets kids. you can argue with that. but i watch it on cable tv. >> you are concerned targeting communities that can least afford to have -- >> i'm talking about a for-profit business, andrew, where -- anderson, they will have an ability to say i have a market. i have -- >> why is that a problem? >> the public health is never going to have equal footing. >> what is the public health threat of marijuana? >> well, again, we go back to the -- >> it cures diseases. there are children today who suffer from seizures who because

of high cbt, low thc marijuana are now cured of something debilitating. >> but you are not advocating it for kids -- >> no. >> but is it not a public health problem. >> you have raised the problem. you are con late inning two issues. is there medicinal? you bet. does the fda need to approve that drug? absolutely. but the kids are saying it's medicine. >> it is medicine. >> come on, andrew. >> what about the argument this is not helping people compete or do better in their jobs. is this what the country needs? tina brown was getting to this a couple days ago. >> i'm not a puretive. i don't believe that pleasure needs to be banished from our

society or is a threat to our ability. there are so many millions millions of law-abiding adults in this country that use this drug as -- like they would use alcohol in moderation. >> i don't disagree with you. the problem is the statistics, andrew. and the statistics show that more kids are going to use when you say there is a permissive environment. that's a fact. >> it's a prediction. >> how do we know? >> because alcohol and tobacco are the evidence. if you want the future of marijuana with big marijuana -- >> and the prohibition of alcohol? >> if you can enforce what they envisioned you wouldn't have these fruit flavored liquors peddled to kids, the hard lemonades and liquor stores are opening up outside of native american reservations that

banned alcohol and targeting people who are genetically vulnerable. >> why can't someone have a beer if they feel like it? >> we do have in this program is a social contract. i would like to do everything in the world. i'm an addict. >> who does it harm? >> we have laws who say i trade my civil libberity -- >> so you back anything that could find its way to your kids? >> i will worry about my three kids the rest of my life and there is not a chance i can make a difference in reducing and minimizing the opportunity to get addicted because of easy access or to become affected

because they are passengers in a car -- >> it is illegal -- >> question, how old are your children? how do you negotiate having this conversation with them when they say, i don't know any of my friends who have died from complications with marijuana. but i do know that so and so dad died of alcoholism or smoking cigarettes or prescription drugs. and the -- how do you explain to them what the difference -- >> because i don't make -- >> i'm just literally asking -- >> i'm saying, two wrongs don't make a right. you say alcohol is bad. i agree with you. >> it's not bad -- >> marijuana is not as bad as them. let's legalize marijuana. that doesn't follow logic to me. >> i think it's difficult to have conversations with these hard lines. alcohol is not bad. it is bad to people who are

prone to addiction. fast food is not bad but bad to people who are prone to addiction. >> the commercialization such that we are marketing in a degree that people have not envisioned it. >> do you have idea how -- >> if it is marketed to children i would be concerned. but i don't think it will be -- or the same way like high alcohol -- >> look at -- >> look how it was marketed how the propaganda was marketed when it became illegal that mexicans were bringing it in and this whole colorization of it, the propaganda around marijuana was very racially charged, too. in 1944, they determined it didn't lead to violence, sexual dive yancey.

and this whole idea of you might have sex with black people or mexicans do -- so there's a history in how marijuana was marketed to the country of it being deviant in these kinds of people and these kinds of communities do it. so we have to look at the history of how we've all absorbed what marijuana is and what is it in the society. >> we have to take a quick break. an all mcdonald's diet. we were talking about whether we should eat what you want. a teacher from iowa lost 37 pounds doing just that. we'll look at that when we come back. she keeps you on your toes.

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check out some of our favorite videos of the day. a bull launches a woman into the crowd during a bullfight. she is okay. she was terrified but is able to laugh about it afterwards. >> wow. >> that was as good as the snow. >> if you are in colorado your mind has just been blown. the three teenagers made a 10-foot tall snow shark. they worked about 95 hours on that. not bad. they say american kids are not creative. >> this is the high show. >> don't say that. >> you remember the documentary

"super size me" after morgan spurlock ate nothing but mcdonald's for three months and became unhealthy, a high school science teacher says he lost 37 pounds in three months and lowered his cholesterol eating nothing but mcdonald's. he ate the big macs but kept it to 2,000 calories a day and started walking 45 minutes a day. take a look. there is his before and after pictures. they can always be faked. it's all about lating. . >> it's the calories that count. you are going to get a lot of fat. >> a lot of saturated fat. >> and the add exercise, that's the game changer. >> he is walking 45 -- right. >> and there is a new menu at mcdonald's.

>> they have done away with the fruit and walnut salad. >> you ordered a salad at mcdonald's? >> the grilled chicken makes you feel healthy. >> what about mcribs? >> i'm big mac and fries guy. >> the fries, just -- >> the fries. >> yeah. >> this whole -- >> this is not sponsored content right there. >> a salad? >> but not a salad. >> what's the other story? we're looking at? not really. let's move on to the other story. what's the other story? where is that? >> stuck -- >> do we have anything on this? do we have video on this? >> i think he has been to colorado. >> the mcdonald's person. >> this isn't something to say

he went to mcdonald's and ate salads. i had the big macs and quarter pounders with cheese. i had sundaes and ice cream cones. we all have choices. it's the choices that make us fat, not mcdonald's. >> that makes no sense at all. >> if you choose to eat two big macs a day you're going to get fat. >> if you only eat two big macs a day and keep it to 2,000 calories and exercise you will lose weight. >> yes, it's just -- >> who eats two big macs and nothing else the whole day. >> well, this man. >> there is a study that shows looks matter. if you want to boost your company stock you hire an attractive ceo. an economist found that ceo appearance has an nuance on shareholder value. >> what does that -- >> blow me over with a feather.

>> your family is so good looking. don't you think that was part of the appeal of your family? >> listen, it's human nature. that's a fact. and it's unfortunate in a lot of cases where people are dismissed because they don't look the way -- >> do you think we could get a homely ugly president again? a bald one? >> there comes a point in which they all look pretty handsome and good looking. >> you can have the looks and if you don't have the umph behind it. >> students will be rated higher in intelligence and personality because they are considered good looking. >> i think that study is the one that is the most disturbing because of the politics of pretty starting so early and the

difference between building self esteem and building ego. when you are praised because of the way you look you had nothing to do with your eyes, around s&s&around -- anderson. you didn't build that. >> i paid a lot of money for these eyes. >> if you are rewarded for something you didn't create, what that does to your character or doesn't allow to your character -- >> it's horrible. >> building self esteem is doing esteemable acts. >> the most beautiful boyfriend is useless at everything and didn't know anything or do everything. >> so unfair particularly against women. women who wear more makeup are

perceived as more intelligent. >> it's human nature. >> we are never going to -- it's so deep in our genetics to find attractive and fertile looking mates. >> guys can be -- >> george clooney. but i think the social media -- i was having a conversation with young women about this today. they are concerned about it. scholars are concerned about it. but i think the social media can be a solution meaning they can now share images of who they think is beautiful or what their friends look like aside from this male construct of or euro centric ideal of beauty. >> don't you call george clooney old. >> he's beautiful. women are -- >> we'll be right back. [ male announcer ] the new new york is open. open to innovation.

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it's not that bad there. dennis rodman is deeply stupid. that's a phrase my mom use to use. i adopt it in this case. pete correlly is the ceo of one mind for research and during the super bowl he is going to talk about the need for us to address concussions but also be used as way to leverage better treatments for returning soldiers who received a lot of concussions in their service to our country. and i admire this guy. he could be making so much money as a retired general and he is dedicated to his fellow soldiers. >> and close to your heart. thank you for what you're doing. i want to show you stephanie elam throwing water into the air

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-- captions by vitac -- www.vitac.com my watch! next, bitter cold. the frigid air forcing schools to close, cancelling flights and postponing a major vote in washington. plus the family of the 13-year-old girl declared brain dead looking for a miracle tonight. >> jahi mcmath has been taken from children's hospital and brought to a place where they will use her name instead of calling her a body.