richard, have a good time out there today. you got the ticket everybody wanted today. thank you so much. that's it for us. we'll see you back here for 10:00 eastern for "cnn newsroom." >> don't go anywhere. "smerconish" is starting for you right now. i'm michael smerconish. welcome to the program. the latest developments in the scandal swirling around former house speaker dennis hastert. at least three alleged victims. cnn learning that the fbi interviewed at least one more person who accused hastert of sexual abuse. and we also know the name of another alleged victim steve reinboldt died in 1995. reinboldt was sexually abused in the late '60s and early. is 70s abused her brother who was the team's equipment manager repeatedly and for years. she said she first learned of this when reinboldt first told

her he was gay in 1979. >> i asked him, stevie when was your first same-sex experience? he just looked at me and said it was with dennis hastert. and i just, i know i was stunned. i said why didn't you ever tell anybody, stevie? he was your teacher, why didn't you ever tell anybody? he just looked at me and said who is ever going to believe me? >> the fbi contacted burge two weeks ago. hastert is due in federal court next week on charges of bank fraud and lying to the fbi about alleged hush money that he paid to someone identified only as individual "a." many open questions and it's possible that hastert himself is a victim in all of this. here to help me break it all down defense attorney and cnn legal analyst mark o'mara. you're not used to this but allow me to ask you leading questions. you ready? >> certainly. absolutely. >> isn't it true that he is not being prosecuted for any sexual

misconduct? >> that is correct. he's not. >> isn't it true if the underlying facts, if the underlying facts stem from events of 34 to 50 years ago, the statute of limitations for those underlying events has probably run. >> almost definitely, correct. >> therefore, if he paid money to keep quiet someone who didn't have a cognizable legal claim, there is the potential that this case is one of extortion. >> that's correct. if he was being threatened with some type of public exposure and paid money in that regard then the person who threatened him would be guilty of extortion. >> do you think, i'm finished with the leading questions. thank you for playing along. >> thank you. >> do you think that in this case the feds might be reluctant to charge individual "a" with extortion if they think such a case is exists because they regard individual "a" as a victim of sexual abuse and they don't want to be put in that

position. >> well, they do have diskreshzcretion in how they're going to prosecute a case. rape shield statutes that say they cannot disclose the victim's name of sexual abuse victim even afterwards. we know that's why they're calling them individual "a." i would tell you if individual "a" put hmself inimself in a position of committee extortion, that will override the discretion given to law enforcement. they have legitimate extortion claim, they're going to go forward wait. >> you wonder if at this stage dennis hastert is cooperating with law enforcement in this regard. has he provided his version of events sufficient that they would be able to make an extortion claim to the extent there might be one underlying all of this? >> that is the real problem for hastert. i mean if i'm him criminal defense lawyer what do you say? talk to the feds about the fact that somebody who you voluntarily agreed to pay $3 million to cover up what now seems to be a sexual abuse

allegation that may well have been true with all the other victims identified and, michael, as you know as well as i do this might well be the tip of the iceberg as far as potential victims out there. so does he deal or cooperate with fbi of feds knowing full well that within that cooperation, he is going to have to admit to every act that they're going to ask him about and every other potential victim. if i'm him crims criminal defense lawyer keep your mouth shut and deal with an archaic effect under this statute and not open yourself up to the ridicule that he will have if he starts talking. >> mark you and i as two attorneys i don't want a viewer of cnn to think i'm sympathetic towards hastert if in fact he was responsible for this kind of conduct. i just want to explain that there are some legal dynamkiynamdynamics which make it complex. not just a case of, did he molest these individuals?

>> absolutely true. it may well be. it looks more as more victims come out that he did. not speculating too much. but if that's true he's got to deal with those sins. with those crimes some way, some how some time. but, you're right, the legal analysis of this which, again, we get dispassionate because we have to be. you start looking at crimes of 30 years ago. statutes have run even with the one person who had acknowledged or stated to the sister about the abuse, that wouldn't make it into a courtroom. so yeah there are some real legal problems with where we're going on this case. >> final question for mark o'mara. what business of the federal government if an individual has more than $10,000 in a bank and chooses to withdraw it? >> not very much to tell you the truth. it's the al capone method so you can't get him on much and you get him on tax evasion. one, he took money out and why. when you didn't tell thus truth,

you lied to us and may try to get him on some well you know they're trying to get him on this arkansaschaic banking argument and lying to the feds about it. it's difficult, it's a stretch. we all know now we're looking at the underlying sexual abuse crimes because that's what they found out about and trying to bring it it to the forefront. >> we'll learn more at the arraignment on tuesday. mark thank you if your analysis. >> thanks. i want to turn now to the molestation scandal that is rocking the duggars. jim bob and michelle speaking out for the first time this week but their interview with fox news megan kelly has left more questions than answers, particularly about the so-called safeguards they put in place after eldest son josh admitted to molesting four of his sisters. two of the sisters, jessa and jill spoke out about the scandal. here's what they had to say last night. >> in josh's case he was a boy,

a young boy in puberty and little too curious about girls. and that got him into some trouble. and he made some bad choices. but, really the extent of it was mild inappropriate touching on fully clothed victims. most of it while girls were sleeping. >> we didn't even know about it until he went and confessed it to my parents and they shared it with us. >> i want to bring in psychiatrist dr. gale salts. she wrote the book "anatomy of a secret life." the sisters are defensive of the brother. is that to be expected in a case like this involving family? >> it's not unusual. it's not unusual when children are abused by their parents or by a sibling because they still love that person and they need to have that person be a good person in their lives as they stay attached. it's a defense mechanism to feel you know to some degree

this is understandable or excusable. it's sometimes why victims feel shame and guilt like did i do something? is it my fault in some way? on the other hand it may also be if you have treatment over time and the other person has treatment over time that you are able to rebuild a relationship. i don't want to say you should therefore not love your sibling any more and have it all be over but, yes, to defend them is your second defense mechanism. >> i heard dad say this week, we didn't have a reporting requirement. what is a parent to do if god forbid they find themselves in the position of learning that a son or a daughter has acted improperly like this? >> i think, unfortunately, in a scenario like this parents are in a no-win situation. as far as the law is concerned. that's a different scenario from i think, the public health issue of is it safe to have this person around, around your children or around other children. that's why public reporting or reporting to authorities, child services being able to come in

and assess is so important. that's often done by the medical professional which is why it's also so important to get treatment. treatment for the victims and treatment for the perpetrator. >> i get that. but do you think most parents really would report to the authorities what has taken place with a 14-year-old son. >> i think they often would not. >> right. >> what you're asking me is that a good thing? >> it's not a good thing. >> it's not a good thing. first of all, you admit you can handle it within the home. i think these parents love their children and the sister loved the brother. i mean they really tried in the way that they knew how. but there were some failings and the failings come into account in terms of what kind of mental health care treatment. i think not all treatment is created equal. they have been very vague about counselors. counselors doesn't mean anything. you need someone who is really trained, has an expertise in this area and has a real degree and really knows how to work with and treat. treatment does help.

but not, treatment can hurt if it's with somebody who is not qualified. >> they are upset. the family is upset that this is playing itself out in public and the city solicitor says we went by the book. the names were redacted in the way in which we produced this information pursuant to a request. >> i think it was a huge mistake to release this information. it's terrible for the victims and any potential victims. any decent psychotherapy and the cornerstone of this type of reporting in juvenile akids. you ask me will kids report certainly they won't if they think it will follow them for the rest of their lives and be revealed. i think they had a duty to keep that confidential. that's a moral duty. is it legal? that's a different story. >> how about this judgment on their part. the judgment after these events have played themselves out, there's a knock at the door and somebody wants to do a reality television program and bring cameras into your home. isn't the reasonable answer to say, holy smokes, we have some

issues here we don't want the cameras. the same question i ask about dennis hastert. dennis hastert followed sexual impropriety impropriety. maybe i shouldn't be speaker of the house. >> we're always curious about this. why do people come out and do this public thing that isso far in the opposite direction. become the pillar of morality when there is some real skeleton in their closet? i think it's psychically motivated. it's called splitting. the mind's way of saying to itself i am not guilty of this. i do not have this urge to do something sexually wrong. in fact i'm the opposite. i'm so the opposite that i will be the moral pillar for the world and show everyone and show myself that i'm that good. it's something that psychologically goes you're talking about hagert and lots of people that we say, why were they actually the representative of the best of the best when this was going on? that is what the mind does to

try to squelch urge. when the better thing to do is to understand that urge so that you don't need to continue to act on it and behave on it. >> final question about the duggars. i'm not a psychiatrist. i only get to play one on tv. is this confirmation of my poof theory of life. if you keep your kids so buttoned up and don't give them a taste of freedom, when they have the opportunity, they can't handle it? >> is being incredibly sexually repressed going to produce some problems? potentially, yes. do most people who are so repressed with their kids have their 15-year-old molest their 5-year-old? no. so it can't account for all of it i would say. >> sound like the dsm will not have the poof theory in it any time soon. thank you for that. coming up so far ron paul hasn't had much of a role in his son's campaign but that has been by design maybe, to keep conservatives happy. is it about to change? is a new rand paul emerging?

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rand paul is proving he is a lot closer to his father ron paul than some some republicans are comfortable with. so far ron paul has had much of a role in his son's campaign. ron paul joins me now. let's talk about the 2016 cycle. what is it about rand that gives you hope that he can get to the next level that you were never able to achieve? >> well i think the main thing he's the only one, from my view point, that is talking any common sense. obviously, people point out that we're not identical and who would expect us to be identical. but he speaks more about personal liberty and limited government. a changed foreign policy auditing the fed and looking into our system and they said you know, when he did the nsa thing people is ed you know he's done. he's finished. you know and republicans and democrats all in the senate. everybody in washington jumped

on him. yet when you did a poll they were with him and not with mcconnell. so, the american people, i think he is able to talk more to the american people than the other candidates because i think he has a set of principles that he would much rather see smaller government and not make excuses for expanding our surveillance state and military presence around the world. you can't be conservative if you're always expanding government on surveillance and expanding government in the military industrial complex and expanding our government around the world. there's nothing conservative about that. that's big government spending as far as i'm concerned. >> now that he's running for the white house, does he ever call you and say, dad, you have to reign it in on these issues? don't rock the boat. >> no he never has. like i said he made his own decisions politically and it's a busy job. and he has called me on things like mortgages and things and financial issues. you know fannie mae and freddie

mac and what we went through in '09. so those kind of things. he has the financials. but he'll he stays pretty busy. he'll be visiting us this summer and probably visit some more. >> are you going to get out on the stump for him? >> there's no plans for it and we haven't talked about it. so i don't know what we'll do. i went to his announcement and supported him there. but it's his show right now. i don't want to distract from what he's doing. so it's one of those things that i think it will work its way out. >> hey, congressman, when you ran for president, you had to share the debate stage, but not with 15 or 16 other candidates. how should this process be managed given the number of individuals who are seeking the gop nod? >> i'll take it out of the hands of the media because that

becomes very biassed. i remember the first debate a little bit of that happened before. the most important first debate was in new hampshire. and it was a fox debate and i was scheduled to be on it and i was doing very well in the polls. but i think two days before something, ron paul you're not allowed to come to the debate. which, obviously, was a negative for me. so no i don't think they should have as much clout. i think it was better when voters or some other independent group. but truly independent group would schedule the debates rather than media outlets because i think they're very, very slanted. >> does one media outlet fox, let's call it out, play too much of a kingmaker role in this process? >> well for the republicans i guess so. but, you know i think that the american people right now are getting more of their news you know off the majors because they are concerned about it. we need more people like you,

michael. you and i at least can discuss these things. but this is not average that we're able to have a discussion and respect each other's viewpoints. too often, it is very very slanted. that is the toughest part to maintain a little bit of decorum when those who are interviewed are always trying to set you up and do harm to you because they have their agenda. and fox is well known for that. you know on somebody like myself who is more libertarian than typical conservative pro war, they don't like that. >> congressman y want to show a picture. a picture i saw on twitter. you with your wife looking at a television set as rand paul is speaking from the floor of the united states senate and it brings to mind this final question. what is the source of more pride? your own personal achievements in elective office or the achievements of your son? >> i have to admit.

i think they're one in the same because political achievements are secondary for me. i thought they were worthwhile for me as well as for rand. but for one reason that we're promoting something we seriously believe in. that we believe we're doing some good. so i can look at what he's done with nsa and i have to say that i have to sort of search around for what i've achieved. i made an effort and maybe, you know opened up the door. but, no i would say it's equal and the measurement is whether or not anybody respected the views we have and actually nudged them. where i get personal satisfaction is when i talk to young people the college kids that are still willing to talk about these issues and they tend to like civil liberties and they're anti-war and they would like to see less you know less of our fighting overseas and they like sound money. that's what i personally get satisfaction from. i think that's equal for rand

and myself. >> congressman, good to catch up with you, again. thank you so much for being here. >> okay, michael. coming up caitlyn jenner's big reveal. got a vip invite to her coming out party. i'll speak with the physician who has gender transformation surgery. it could also bring the first bachelor since 1856. lindsey graham has no wife no kids some would say no baggage. will that help or hurt him? >> with all due respect, the president does not. why it's as plain and as civil as my maid kicked in the head by a donkey. this

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. welcome back. this week the world met caitlyn jenner. my next guest has a unique perspective on this story. a plastic surgeon who specializes in gender confirmation surgery. she has been an activist and speaker on gender variant issues and appears in the documentary "trans." thank you so much for being here. >> morning. >> what did you make of the roll out of caitlyn's rollout? >> i was excited to see it and i think she looked great and i did catch her diane sawyer interview. so far so good. >> no elements of it that seem exployitative to you given the reality show? >> i definitely cringe as a physician when i see the world get their education through a show like "the kardashians." it is a free country and she has a right to tell her story.

her livelihood sort of depends on it. just as long as the world knows that not every transgender person goes through a transition like this. >> this seems rather rapid. but you're the expert. is the pace with which this transition has taken place typical? >> i think it always seems rapid to those who aren't directly involved. because most times it's kept a secret for so long and then when that person makes up their mind and decides to go through with it it happens fast because, i mean for caitlyn a whole lifetime. she couldn't get it done soon enough. >> i have lots of questions. i want to run through a quick list of them if i may. is the surgery that you perform perfected for both men and women who are transitioning? >> the male to female surgery is very good. and there's always room for improvement, but i think we're at a very good spot right now. and for the female to male

surgeries, they it's a little more difficult to make something that's not there than to take away. we have more tissue to work with. but it's improving day by day. in this country we don't do a lot of the, to get technical, because it is so expensive. >> do men and women transition in equal proportion? it seems the case that get most discussed are men transitioning to female? >> i agree. male to female seems to be in the news a lot more. we don't have any hard numbers based on but i would predict based on my practice it is about equal. >> why is so much of this surgery performed overseas? >> in this country, insurance, a long history of insurance not paying for it and it's very expensive and other countries have set up a whole medical and it's much cheaper in places like thailand thailand. >> when you say cheaper,

ballpark what the transition would cost? >> something in the united states could run for a vaginal plasty would be from $17,000 to $25,000 and in thailand like $10,000 or $12,000. >> is insurance changing in which the way it treats it in the united states? are more carriers picking up the cost of gender confirmation surgery? >> we're in the middle of a lot of change right now because, yes, they are. >> would the affordable care act play a role in that? >> yes. and president obama has also removed the barriers for medicare, which used to have it as an exclusion. >> so here you are someone who has transitioned yourself now performing this type of surgery. is it difficult for you as a practitioner to get hospital privileges to do so? >> yeah it has been. it has been difficult in the early stages to even get malpractice insurance. i'm friends with most of the major surgeons who performed this and at one time or another, i think all of our careers have been affected by that. >> is that changing? >> of course.

yeah. the whole field is so much different than it was ten years ago. >> do you think the concerns that have been expressed whether it's malpractice insurance or whether to grant you privileges to perform gender confirmation surgery is based in religion or based in science? what do you think the predicate is? >> i think it's based in social norms and because it's certainly not based in science. this surgery has been going on since the late '60s in this country. it's not experimental. we have ton of research and it is effective at improving quality of life for these people. >> how young is too young to begin this process? >> the standard of care is usually we wait until 18 years old, but we do have exceptions to that based on each individual patient. because we don't want to make somebody wait until 18 when their life might be in jeopardy over feeling so badly about it. >> how do you protect against buyer's remorse that someone undergoes gender reassignment or confirmation surgery and then later regrets it? >> that's very rare.

i would say, less than 1% less than 0.5%. i think the media likes to pick up on it and portray it because that's everybody's fear. but the reality is the screening and if someone goes through the process in the correct manner we don't really see too much of it. if we do see it it tends to be a social situation. not that they're not transgender, but they're in a situation where their family is very religious or they aren't able to make money. >> i would imagine that before you perform, you want to be assured from a psychological that this person is ready. >> yes, i get very involved with that. >> final question hope it's not crass. do you think c ayaitlyn jenner will be good for your business? more will undertake a process they were fearful of? >> people like caitlyn and chazz bono are high profile. but it's a small, tight knit

community online and i don't thing it is really going to change things. not a lot of people who do what i do, so we're always pretty busy. hillary clinton calling out her gop rivals by name insisting they're afraid to let citizens have their say. it's all part of her new push to support voting rights does she have another agenda? plus lindsay gram's announcea announcement. is america ready for a bachelor president?

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welcome back. jeb sets a date rick perry is running, again. and hillary is calling out her rivals by name. it was another busy week in the world of politics let's dive right in. joining me now nationally syndicated columnist and cnn political commentator s.e. cupp and ellis hanican. i expected hillary clinton's numbers to decline when she formally got into the race. but i don't think anybody could

have foreseen that 57% would say she's not trustworthy and honest. how does she get beyond that? >> well she ought to start campaigning and move things on to her agenda instead of just sitting back and taking the hits on the foundation and on the e-mails. get out and mix with some people. go show the good side of hillary. all we've seen is the bad side the first few weeks. >> s.e. i think we could run this race tomorrow and get very close to the result that we will get in november of 2016. the independents. she had an 11-point drop in just three months among independents. >> yeah also among democrats. and i think, you know if you listen to hillary's surrogates over the past few months defend her campaign plan which was not to engage with the press and not to take a lot of questions. they said don't worry about it. she hasn't had to do any of this because her numbers have been good. now, her numbers aren't good. i think you have to start, you're going to start seeing hillary have to start engaging with the media. taking questions.

and, frankly, you know she's not always very good at defending herself. whether it's her record or her larger than life persona. her wealth. she's had problems doing this before. so i think she's been reluctant to really put herself out there for that reason. but, with these numbers, she's got to start doing something different. >> let's switch gears and go to the gop side of the aisle. ellis, jeb bush now says it will be june 15 when he makes it official. hasn't he just proven what a sham these election laws are? of course he's running for president. not just jeb, but a master practitioner added. to go out and run the vacuum cleaner of all the funds and then finally to announce one's candidacy. >> yeah. absolutely right. in the media we're enablers too. we make oh, my goodness is he weighing a run? thinking about a run. oh, look, he's exploring a run. we cover that stuff as if it has

any truth in it. we just cover it and assume they're running from the beginning. oh by the way, he made an official announcement yesterday. >> s.e., you wrote a column about lindsey graham this week. yes, lindsey graham is a batch ler. who cares. what was the point you are making? >> when we have such a big field as we do you'll find people trying to find ways to distinguish these people from one another. one of the story lines we're all zeroing in on is that lindsey graham is the bachelor candidate and what does it mean? you see a lot of ofolkfolks in the media trying to make something of this. frankly, i just don't think it means anything. you know he's got 20 years of a record in the senate. plenty of stuff to talk about. he's not an uninteresting politician when it comes to his policies and the things that he's done. i think there's a lot for us to talk about with this policy without having to talk about his home life. >> the headline in part at

cnn.com. no being unmarried does not make lindsey graham a feminist. i thought i was going to say something else at the end of that sentence. >> yeah i mean can't you just imagine someone at salon or frankly, someone at like red state writing that lindsey graham's bachelorhood makes him some kind of feminist because he hasn't tied down a woman to his political career. and i just i mean you know the political season is crazy. it's the silly season. we're going to see all kinds of crazy story lines and not be surprised if someone tries to make that part of the lindsey graham story. >> ellis, i just interviewed eded ron paul. this week rand paul seemed like a chip off the old block. is that a calculated decision. that's where his space in the gop be more of the embodment of dad. >> this is what he's got. 417 righties in the race.

if you're rand what makes me different? turns out he's got some things. for month he was downplaying them and hiding them. i say go be rand. it's a whole lot better. frankly, the only way he'll be able to chip off part of the constituency there. >> s.e. i was surprised when i asked rand paul a moment ago when will you get out there on the trail for rand and he hesitated and said, it's his moment in time. i was there for the announcement. how do you think ron paul should use rand paul? >> ellis just said rand should go be rand. i don't think rand knows who rand is. rand uses his father when the libertarian isolationist group is beneficial and then distances himself from ron paul when he knows that ron paul's policies are unpalatable to most republicans. i think rand paul's challenge is constantly trying to find a way to turn his libertarian

philosophies into governing policies and he is finding that to be very very difficult. >> ellis, 30 seconds left. rick perry gets into the race this week. is that all about trying to erase the memory of what happened in the oops moment and other aspects of the 2012 campaign? >> you know michael, he's got to try harder to erase it out of my mind. i'm sorry. you think the launch was fine but i can't help but looking at the guy and thinking you're damaged goods. he hasn't done anything to make me think it was an aberration that he fundled lastmbled last time so much. i don't think he can get past it. i think it's too late. >> we'll find out. thank you, great analysis. we appreciate you. >> thanks. coming up pataki unplugged. the former new york governor has thrown his name into the 2016 presidential race. he's hoping to emerge as the gop's more moderate candidate. but, how will he feel if donald trump ends up on that debate stage and he doesn't?

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welcome back. former new york governor george pataki has flirted with presidential runs in the past but this time he's in. prior to his recent announcement of the 2016 run, pataki admitted to friends and allies he's a long shot for the gop nomination. out of office since 2006 he's

trying to get back on the radar in republican circles. he hopes his bipartisan appeal signals a resurgeance of the moderate republican and governor pataki is joining me now. governor, it seems like the dynamics have changed for 2016 and that the way to get ahead, at least in the early stages for the nomination fight is not the retail politicking, but rather to boost your name identification nationwide so that you get in the debates. do you find that frustrating the way this is coming together where there could be 16 individuals and not room for everybody on the debate stage? >> you know i don't let things frustrate me. the rules are what the rules are. cnn just had a poll showing that i was in the top ten and wouldn't make the debates at this point. whether that's the case or not, you have your vision you have your ideas and you go out there and you make the case and you meet people. and, by the way, michael, i'm a great believer in retail politics. maybe the experts say you have to do it nationally. i'm going to be out there sitting down across the table

from people in new hampshire, letting them know my views. having them ask me a question. looking me in the eye. no pollster telling me what to say and i'm very comfortable with thatp. >> the possibility exists, though governor that donald trump could be on that stage and you might not be if you don't make the ten-person cut. >> if i don't, i don't. the rules are what the rules are. that debate is august 6th of 2015. the election is november of 2016. i'm not so concerned about where i start out from as where i end up. >> governor let's enter a lightning round. pataki on the issues unplugged, five issues relatively brief responses. number one, the iranian nuclear deal. your thoughts? >> it's a bad deal. it almost guarantees not just an iranian nuclear weapon, but a sunni response nuclear weapon. it should not happen. we have to prevent iran from having a nuclear bomb. >> transpired in the senate this

past week no longer will the governor the bulk phone records, but rather the phone companies will. governor pataki says what? >> i think it's a bad mistake on the part of congress. when i first heard edward snowden talking about tapping of phones and recordings of phones of all americans, i was outraged. but if you look into it. there were no phone names, there was no phone content. it was simply a meta data of numbers. it would only be someone they had very clear proof of someone with terrorist activity and the other big problem, people say the data is still there, we can get it from the phone companies, there's nothing requiring the phone companies to keep that data. they can get rid of the data. in boston just last week where the radicalized american was looking to behead someone in the united states they were

monitoring his phone calls. i'd like to know who was working with him, who was plotting with him. who might still be out there prepared to launch a violent attack against american citizens here. >> issue three for governor pataki raise the minimum wage from 7.25 to 10.10 or theres about per hour. >> you know if you want to raise it from 7 to 10.10 or whatever why not go to 20? and the answer is when you raise the minimum wage you drive up the cost of goods and services, and you increase unemployment. take a look at downtown baltimore. right now, it's something where america should be focused, because there is not economic opportunity. 22 to 24-year-old young adults the unemployment rate is 47%. raising the minimum wage doesn't help someone if they don't have a job. and there will be more who don't have jobs. there's a better way, the better way is to have people get an earned income tax credit.

hope from the government so they don't live below the poverty wage. it has to be a program that's well-run in a way that goes after fraud. but helping low-income people advance up the economic ladder instead of denying them a job. is the way to go. >> issue four of five common core. >> i think it's a bad idea. the idea of having a national dictate from washington saying what every kid in every school in every community and every state in america has to learn is simply wrong. and i know the defenders are saying oh no no we need standards. of course we need standards, but education standards have always been set at the state level. i have confidence in the states. they say, well washington really won't dictate. the first thing they did is say we're not going to dictate, but we're going to have hundreds of millions of dollars and unless you have common core you're not going to get it. it's a bad idea. >> and finally, how would president pataki resolve the differences between federal and some state law relative to

marijuana? >> you know i would -- i think there's a real problem here with the federal government has a law it's not enforcing. i would allow the states to experiment. the states are the laboratories of democracy. but i would do it in a way where they were required to report statistics on crime, statistics on dependency. statistics on mental illness and health consequences. very promptly. so that we would use those handful of states who have legalized it as a laboratory where we could develop the data to see what the federal law longer-term should be. >> where is the moderate pataki and what have you done with him? those have five very conservative positions you've taken. >> these are positions i believe in. you know i ran for governor of new york state, as a republican conservative. tough on crime, going to cut taxes, across the board. going to replace welfare with with workfair and dependency

with opportunities. i've never defined myself other than as a conservative. compared to some of the candidates out there, i'm sure compared to a lot of the rhetoric i'm going to be portrayed as this left-wing democrat masquerading as a republican. i am what i am michael. some people agree, some people don't. but you know i don't have a consultant or pollster in the other room saying this is what it says it's what i believe. >> i'm george pataki and i approve this message. thank you, governor we appreciate you being here. >> thank you, michael, great being on with you. i'll be right back with more on what's going on right behind me. ct, i'm earning plenti points right now. but you're not doing anything right now. lily? he's right. sign up, and you could earn plenti points just for being a wireless customer. in the meantime, i just kick back and watch the points roll in. where did you get those noodles? at&t cafeteria. you mean the break room... at&t - the only wireless carrier to be a part of plenti now when you add a new phone line

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after last week's program, i received an email from a viewer. walt of doylestown pennsylvania. he said to me i watched you on saturday like others on tv sitting in front of an image of our nation's capital building surrounded in scaffolding. but i can't remember anybody ever explaining what work is being done. well good question. here's the answer -- the capital dome is predominantly made of cast iron so exposure to rain snow sleet and sun caused damage to its exterior small pinholes in the statue of freedom and exterior shell have allowed water to rust it. the restoration project includes removal of the old paint. repairs to the cast iron. window replacement and repainting. it will cost close to 60 million and it's designed to protect the dome from the elements for the next 50 years. the exterior work slated to be completed by the winter of 2015 with the interior work to be

done by the fall of 2016. by the way, walt is my dad. i hope that answers his question. thank you so much for joining me. don't forget you can follow me on twitter if you can spell "smerkonish." i'll see you next week. we begin this morning with the funeral for beloved son of delaware beau biden. >> take a look at the screen here for you. the funeral mass for vice president joe biden's son, scheduled to begin in about half an hour. you can hear the music that they're playing, we've heard of long lines, five blocks long outside the church waiting to be seated. they're entering st. anthony of padua roman catholic church in wilmington. the american flag at half-staff at white house right now. in honor of beau biden.