until labor day. senators are in session for yet another week, but won't vote on health care reform until after the break. so you can be sure lawmakers will get an earful from voters on this issue. at least over the next month. the president is also keeping up the pressure. elaine quijano is at the white house. elaine, the president staying on message today, and likely at least for another 30 days? >> reporter: yeah, that's right. we should tell you that president obama, as you might guess, certainly expressing his pleasure at the fact that the house energy and commerce committee actually did go ahead and pass his version of the health care legislation. he said in a written statement that said, this bill be strengthen consumer protections and choice and lowering costs and care. in his internet and radio address, he previewed a trip he'll be taking next week to elkhart, indiana. that's a community that's been hit especially hard by the recession. take a listen.

>> for communities like elkhart to thrive, we need to recapture the spirit of innovation that has always moved america forward. that means once again having the best educated, highest skilled work force in the world. that means a health care system that makes it possible for entrepreneurs to innovate and businesses to compete without being saddled with skyrocketing insurance costs. >> reporter: so as the country tries to climb out of the economic doldrums, president obama, they're trying to make the case once again that part of what will help the recovery is to overhaul the nation's health care system. the president basically saying, look, that is a way to aleve some of the economic pressure facing america's businesses. >> what about republicans? what's on their agenda? >> reporter: as you can imagine, republicans are continuing to say what they've said all along here, they say, let's get this thing done right. let's not rush it. that's esexually what we heard in today's republican address. also, republicans raise the issue of cost.

take a listen. >> in this difficult recession, americans and/or government are already overextended. the democrats who control congress have been spending money and racking up debt at an unprecedented pace. and their plan for government-run health care would only make things worse. once implemented, the democrat plan would spend more than $2 trillion in further increasing our exploding deficit. their plan would pile up higher costs, create new washington bureaucracies, and burden every state through new requirements on medicaid. >> reporter: so that is the republican line. but as we know, fredricka, the deep divisions really in this debate have been within the democratic party. and as we mentioned before, and throughout the morning, you know, lawmakers are going to have an opportunity to go back to their home districts and hear firsthand from constituents how they feel about this health care reform issue, what it is that they would like to see. it remains to be seen how those particular opinions, how those

views, those constituents' feelings are going to shape not only the debate itself, but perhaps affect the time frame of these discussions. >> all right. elaine quijano at the white house, thanks so much. of course, we're not done talking about this topic. we'll talk about how members of congressmen go back, they want to hear from their constituents. at 4:00 eastern today, we'll talk to our experts. you have a lot of questions about what this health care reform plan might be about. so we want to hear from you in the form of comments, and questions on my blog at cnn.com/fredricka. or on facebook. we'll have a couple lawmakers with us. and even an uninsured patient as well as someone who's currently on temporary insurance. we'll have a nice exchange between all these folks about what they want to see in health care reform. you can also call us at-1-877-742-5760. we just might be using your comments on the air to help drive this discussion. so what do americans think about

the job that president obama is doing, particularly as it pertains to health care reform. cnn's paul steinhauser has the latest polls. >> reporter: fred, this week barack obama, how is he doing. look at his approval ratings. this past week we had a slew of national polls asking just that. what we did here at cnn is we put together a cnn poll of polls, which is an average of those national surveys. look at this, the approval rating in our survey, in our average, 54% of americans are giving barack obama a thumbs up. they approve of how he's handling his duties in the white house. 37% disapprove. that 54% is a pretty good number. but check this out. it has dropped seven points from late last month. it was at 61% in our poll of polls in late june. what's the reason for this drop? well, two-fold. one, the economy, and also health care reform. remember, that has been the big thing this white house has been dealing with the last couple months. look at our cnn poll of polls on

how specifically barack obama is dealing with health care. you can see americans are split 43% giving barack obama a thumbs up in how he's handling health care reform, 45% disapprove. so does this drop in approval rating mean a rise for the republicans? you would think something goes down, something goes up. no. in this case, no. the republican numbers are in the really jumping that much over the last couple months. most americans still think the president would do a better job on the economy, and health care reform than republicans in congress. fred? >> thanks, paul. so how is the president's second 100 days. have they made you a little more frustrated, or much more relieved. it's your chance to weigh in. starting tomorrow, you can vote at cnn.com and be sure to tune in thursday night at 8:00 eastern to seep the president's final grade. it's part of cnn's national report card, the second 100 days. confusion, frustration, and a lot of disruption at new york's laguardia international

airport. this morning before the sun came up, the terminal was actually shut down. and the ports authority officials, they point to a man with a duffel bag. cnn's susan candiotti is at the airport. you were in the midst of it all. a lot of confusion. huge crowds. but what's happening there now? >> reporter: well, things slowly appear, fredricka, to be getting back to normal here. as of about 11:00 this morning, central terminal appears to be completely reopening, including concourse c within it, where all of this occurred. again, it started at 5:00 this morning when, according to a law enforcement official, we have some new information for you. a suspect by the name of scott mcgan, who is believed to be a resident of new york city, but initially gave a fake address, he showed up, and according to this source, had a backpack at a security checkpoint. attached to the backpack, and in plain view, according to the

source, were two six-volt square batteries taped together with wires protruding from it. this man was told by port authority police not to move. he didn't comply. the tsa had called in the port authority to check things out. and then they said this man appeared as though he was trying to push a switch, but that nothing happened. the device was then -- or suspicious device was seized. the new york city bomb squad arrived on the scene. they blew it up with a water canon, blew it apart, and determined that this was a fake device. but it certainly did cause a lot of disruption, as obviously hundreds of people, even at that early hour, and eventually thousands were pushed out of that entire terminal until authorities could figure out what was going on. our producer spoke with one of those passengers who had been evacuated. >> yeah, nobody said anything. it's been total chaos. it's actually bizarre. i've never experienced

anything -- i've talked to agents. nobody seems to know what's going on. i wanted to go to kennedy to rebook my flight, they said, we don't know if you can do that. i'm so frustrated. i don't live here, i live in oregon, and i can't wait to get home. this is ridiculous. >> reporter: and we also have some new information about the suspect who is in custody at this time. we are told, according to a law enforcement source who is close to this investigation that scott mcgann has three prior arrests as recently as last month, and two priors in last year, march and april of last year. the address -- or the arrest last month had to do with resisting arrest and tampering with evidence. that is all the information we have at this time. also, he held boarding passes to get on united airline flight from laguardia to chicago o'hare, transferring chicago o'hare to another united airlines flight, from chicago to denver, and then going from denver on to a final

destination, oakland, california. we're still waiting to hear at this hour precisely what this man may be charged with. it is likely it may not be only state charges, but possibly federal charges as well. but for now, you can see how much disruption this caused, starting at 5:00 this morning. eventually the terminal reopening about 11:00, and still flights, of course, are getting back on track. that could take quite a long time, fredricka, to get back to normal. >> that ripple effect is always a nightmare. thank you, susan candiotti, and the best to the folks trying to get from point a to point b. the government's popular cash for clunkers program may soon get another boost of cash. the house has approved another $2 billion for the rebates. but as our indicate baldwin explains, until the senate signs off on it, some dealers are becoming a little wary. >> reporter: auto dealers thought it was the deal they couldn't and wouldn't pass up. what was the reaction amongst you and your employees when this

program really started moving? >> when we saw the influx of business, the people coming in, there were -- they were actually ready to buy, it was very exciting. we had a huge weekend. >> reporter: alex says they have sold 290 cars at their 16 locations, thanks to the cash for clunkers program. and they've seen a 40% jump in sales compared to the same time last year. but then reports the $1 billion program was already running out of cash. leaving dealers, as well as members of congress, scrambling. >> to help our auto industry, to help consumers, to grow our economy, to do it in an environmentally sound way, i think it's a perfect message for us to take home for august. >> this is a godsend for the auto dealers in my district. don't stall what's working. give it a fillup and let's get cash for clunkers back on the road. >> reporter: the house quickly passed a $2 billion extension of the clunkers program. happy with its success, the

white house is also piling on the pressure. >> so we're not working with -- we're working with congress on a bipartisan solution to ensure that the program can continue for everyone out there who is still looking to make a trade. >> reporter: but the back and forth, the threats of stop and go, have some dealers nervous and searching for direction. >> it affects us right now, because you're still so scared. you're not sure exactly what to do or what's going to happen. >> indicate baldwin is joining us now from a car dealership in maryland. so indicate, the administration says deals will be honored through this weekend. but does it look like the senate will give the green light to extend the program well beyond? what happens after this weekend? >> reporter: that is a big question. and something we're hearing people are asking while they're here even shopping. in the senate, it's not a slam dunk. on the right there are some fiscal conservatives who are very concerned about spending more taxpayer dollars. and on the left, some liberal senators are concerned that the program they don't think goes

far enough to increase fuel efficiency. they think the standards that go into this program need to be a little more strict. senate aides say really, the reality is, it's just too soon to tell if the senate will take action on this next week, or wait until september. as you and i have been talking, who knows how much money, if any money will be left by that time. >> for the most part, indicate, does it seem like dealers and even buyers you've come across this weekend? they like getting money for the clunkers that they want to trade in. >> reporter: i have to tell you, i've talked to a few dealers over the past couple days about this program, and they say, look, we love the ws. this is an incentive. as i've talked to the consumers, they're looking for finding a new car, this is a good incentive to get them out the door and into the lot. dealers are also saying, without fail, with every dealer i've talked to said, they are getting bogged down with the paperwork that is required.

they just don't see the computer systems to keep crashing. it's been really, really difficult to get these applications in to see if these customers can get approved. so there is some concern and frustration there. >> kate baldwin, thanks so much. a lot of folks who love it, and as you underscored, critics will be joined by a critics a little bit later on. why wouldn't you like this trade-in, your clunker for cash idea. all right. americans arrested in iran, also this on our radar. caught on the wrong side of the border, but why were they there border, but why were they there in the first place.

let's talk some stormy weather, which nobody wants to talk about on a saturday. but reynolds, that's what we've got. >> the weather's going to have its own schedule. you're either going to have good weather, bad weather, it's happening. in parts of texas, into louisiana, arkansas, and even into portions of oklahoma. if you were to draw a line right along parts of i-30 and back over to i-20, that's really going to be the sector you'll see strong storms developing. it's also going to be in this particular area where you have a chance to deal with flash flooding, especially in the late day hours. let's show you the reason why we're seeing the rough weather. we've got a frontal boundary that's continuing to march to the south and southeast. that's going to interact with the return flow of moisture coming in from the gulf of mexico. it's going to be all that coming together that will give us a chance of severe storms in the late day hours. another thing we're dealing with is the chance of dealing with more warm weather.

not only in texas, which is what we would expect this time of year, but in parts of the pacific northwest, like seattle, 90 degrees, 59 over in san francisco. a world away in terms of these temperatures. but it is going to be from seattle, then going back a little more to the east. eastern washington, back into portions of oregon, where temperatures to get up from 100 to 107 by the late afternoon. meanwhile, for denver, 80 degrees the high. 79 in kansas city. 78 degrees in chicago. 89 in washington. and back into tampa and miami, mainly into the 90s. new york with 85. that is a wrap on your forecast, fred. >> i like that little whizzy kick it out of there. >> just for you. >> we appreciate that. still lots of unrest and unease in iran. the trials for some 100 iranian protesters are actually reportedly taking place in tehran. these are the men and women arrested in the streets following the re-election of president ahmed ahmadinejad.

among the charges, key members of the government complained today's hearings began without their knowledge. iranian officials say nearly half the detainees arrested during the june street protests were already freed this week. and three americans are under arrest in iran. they weren't taking part in any protests, instead they may have just mistakenly crossed the border from iraq. we just received this statement from the u.s. state department saying that they have heard the reports and they're working with swiss contacts in iran to actually confirm. they also stress that the protection of american citizens is the highest priority. cnn's arwa damon joins us from baghdad. what's the latest on what you're hearing from there, and help us understand how it is that these hikers, these tourists just happened to end up in the wrong country? >> reporter: hi, fredricka. well, iran press tv is now reporting that three americans

are in their custody, in the custody of the military, saying that they were detained for illegally crossing the border between northern iraq and iran, also because they failed to heed warnings by iranian border guards. this is what we know about their journey over the last few days. four americans started out in syria. two of them are students there, headed off to turkey and entered northern iraq on the 28th of july. they made their way from the city from ramill on thursday, and then friday morning, three of them, because -- they went to this place one day behind because he wasn't feeling well. ahmed awa is a popular tourist destination, mountains, hiking routes, water falls. it's absolutely stunning. but it is also right up against the iranian border. they stayed in regular contact with their friend who had remained behind. but then placed a very

disturbing phone call at 1:30 on friday saying we are surrounded by the iranian military. and that is the last that anyone has heard from them. now, local tourist police in the area apparently did spot the group of three before this time, and warned them about the proximity that they were into iran, about the fact that they should be careful, because they were, after all, americans, and not iraqis, and that these are very tense times. kurdish officials are scrambling to try to get even more information about exactly what happened, and make sure that these three do come home safe. because the last thing that anyone wants is to see this blow up into some sort of international incident, frederick r. >> arwa damon, thank you so much for the details. of course, we'll keep tabs with the state department. the custody battle over michael jackson's kids, apparently it's over. at least for now. we'll talk about it with our legal guys.

imagine... one scooter or power chair that could improve your mobility and your life. one medicare benefit that, with private insurance, may entitle you to pay little to nothing to own it. one company that can make it all happen... your power chair will be paid in full. the scooter store.

hi i'm dan weston. we're experts at getting you the scooter or power chair you need. in fact, if we pre-qualify you for medicare reimbursement and medicare denies your claim, we'll give you your new power chair or scooter free. i didn't pay a penny out of pocket for my power chair. with help from the scooter store, medicare and my insurance covered it all. call the scooter store for free information today. call the number on your screen for free information. all right. as the king of pop, michael jackson wished he wants the custody of all three of his children to go to his mother, katherine jackson. and so far, it looks like his wishes will be provided there. let's talk to our legal guys, avery friedman, civil rights

attorney and law professor. richard herman. good to see you both. there were some starting and stopping on this of the custody. now it looks like michael jackson's wishes indeed will be honored. but, you know, his mother is in her 70s. i wonder, and a lot of people wonder whether we'll revisit this again in the near future, richard. >> well, fred, you just -- >> you know what i mean. >> you nailed it. she's really 80 years old. and the youngest child is 5. and debbie rowe, who still has this magic parental rights, which some lawyer messed up in 19 -- in 2001, didn't terminate it properly, but she has shook down the family for another $4 million, and continuing payments to walk away at this time, and consent to katherine. you know, god forbid when the day comes miss katherine jackson passes away, debbie rowe is going to surface again. it's not going to be for money, but in the end it will be for

money. >> in terms of that money, though, it's more like the spousal kind of, or payment that goes in alimony, but not necessarily payment for children. can i have some clarity on that one? >> there is a big difference. debbie rowe's getting spousal support, which is very different from child support. two very different things. but my perspective, richard seems to be a little skeptical about this thing. i have to tell you, when they got together this week, and i think this is a big deal, they all agreed, let's get a psychologist involved. let's see what's best for the children. >> because the children don't really know her that well, right? >> they don't -- you know what -- >> there's no interaction between mom and kids. >> they know debbie, they she's been part of their lives, but what's going to result as a function of this agreement which presumably will be approved in court on monday is that she will become part of the lives, again, guided by the psychologists. i think it's a win-win for all three children. >> avery, it's a lose-lose.

when these children are able to digest the fact that their mother was a test tube for them and sold them for $8.5 million, they're going to walk around with that the rest of their lives. >> that's a very cynical approach to this. i think, my view, and i think a lot of people think this, is that let's see what's in the best interests of the children. if the psychologist says it's bad for them, then it will be diminished. let's look at the value of what it is for the kids. >> michael's father told them he had a big nose, look how he mutilated himself. >> joe jackson is not involved in this thing. it's going to be katherine. when katherine's gone, whenever that happens, who's next. >> let's hope for now the children are happy, at least they are still with family. and a lot of cousins and relatives that they've had interaction with. let's talk about now louisiana democrat jefferson. the cold hart facts and cold hart cash. first it was said, what, $80,000 in the freezer -- >> $90,000.

>> and apparently even more than that now. the jury is now going to be deal with the cold hard facts. avery, how does it look for mr. jefferson? >> not good. here's the deal. there's an act and racket earring rico fraud. his defense, interestingly enough, i didn't do an official act, but that isn't what the law says. if there was an intent to do so, the defense argument has been, he's a really unethd cal guy, but what he did is unlawful. it's a terrible argument, but that's all they've got. >> richard, real quick, because i want to squeeze in this other situation. the hot $54 million pants. but let's talk about jefferson. what do you suppose the jury may do or think? >> well, jefferson's history, he's not like a rock star in california going to trial in one of these cases. he's a congressman, a corrupt congressman. his family members benefited. he shook down people, it's on

tape, on video. >> in virginia. >> it wasn't -- he's in virginia, right. it's not a mistake. it's not recklessness, carelessness, it's a criminal act. he's going down. >> we're going to have you back, because we must talk about the $54 million pants. >> we've got to do it. >> it's too interesting. it seems like we've been talking about it for years. and finally, possibly we're going to button it up, so to speak. thank you very much. talk to you in minutes. what is fact and what's fiction as it pertains to health care reform. we'll show you where you can actually find answers. get some clarity on all this.

31 minutes after the hour right now. a bomb hoax, that's what new york police call the incident that forced passengers at laguardia airport to evacuated for several hours today. one man has been arrested. police say wires were sticking out of his duffel bag, and apparently they were hooked up to batteries. officials say the man appeared

intoxicated. just before members of congress return home to face the public, a key house committee has passed a health care reform bill. the bill will have to be merged with versions in two other commit teels. part of a compromise plan in the senate calls for a new tax on insurance companies. more precisely, on one special health care plan they offer. cnn congressional correspondent briana keilar explains. >> reporter: they're the best health insurance plans money can buy. in washington they have a name. >> super gold plated cadillac plans. >> reporter: what makes them so great? >> no deductible, no co-payments, no co-insurance, unlimited choice in drugs, no restrictions on network. >> reporter: these plans are often marked to the wealthy. they cost as much as $40,000, far above the national average of $12,000. and critics say they encourage

the overuse of doctor visits and procedures. a democratic proposal to tax insurance companies that provide these pricey plans is gaining bipartisan support in the senate, as a way to help pay for health care reform and keep costs down. >> you can tax insurance companies, and that that will then put pressure on them to try to make sure that people look for more cost-effective health care packages. >> reporter: some lawmakers say a tax on plans with premiums over $25,000 could raise as much as $90 billion to reform health care. the insurance industry, which opposes the tax, insists it would hit the policies of middle-class americans and not just the rich. economist and insurance expert, paul fronsten, agrees. >> you may also find a plan that costs $25,000, because the average age of workers is 55. because they use a lot of health care, the cost of the plan is very high. >> reporter: labor unions, a

powerful democratic ally, also opposed the tax. health care workers say insurance companies will pass the costs on to consumers. >> we think that any plan involving taxation of health care reform should not make health care more expensive. alternatively we think taxing income levels is a better way to go. another way to do this is to tax capital gains. >> reporter: senator john kerry is behind this proposal to tax these so-called cadillac plans, and is getting a close look from senator karls grassley, republican of iowa, a key negotiator in these bipartisan talks going on in the senate. it's also no coincidence that top democrats in the house and senate have stepped up their rhetoric against insurance companies in recent days. house speaker nancy pelosi calling them immoral villains. briana keel ler, capitol hill. >> it's easy to get lost in all the rhetoric, and the rumors. so we turned to our josh levs to sort out the facts.

or maybe facts and fiction, on the internet. >> you know, fred, you know me, i like to show up with the hard facts and say here's what the bill says. but as we know, it keeps changing. you've got all the different versions, here and here, it keeps moving. i want to point to some important websites that can help you keep track of some of the facts as the story keeps moving. the first place i'm going to show you at our web page, cnn money.com, one of our sites here. every time you see a blue line, that's another updated story from the cnn money.com, focusing specifically on health care. sometimes you get five, six stories a day. now, a lot of people ask, where does president obama really stand? what has he actually said? you can go to health reform.gov, and this brings you to where the white house stands, the administration's statements, and ha they're calling for. and it brings you to this map in which they give you an argument for why they believe this plan would benefit your state. i clicked on nevada as an example.

they're giving the argument for why nevada, just one random state, would benefit from the plan. one place to see the gop position here, gop.gov. the most popular thing they have at their web page is this. they're calling it the organizational chart of the house democrats' health plan. >> you need a little time to navigate that. >> they're saying basically it's this crazy, ridiculous bureaucracy that house democrats are trying to create. they're kind of making fun of the system being proposed by house democrats, by putting this crazy flow chart here. on the flip side, you've got democrats fighting back with the question marks here, to trash the republicans' plan. the fact checking sites, politifacts.com. factcheck.org. a great job of looking at this. go to the graphic. everything i just showed you, i have listed for you. you can just click on it. cnn.com/newsroom has that whole list. i also put it on my facebook and twitter. fred, got the whole list right

there. >> that's what people need. they need a shortcut, get a clear understanding. we'll do that again at the 4:00 eastern hour. we'll have a special report covering america. what's in it for you. we want to hear from you. as it pertains to your questions, comments. what do you want to know about health care reform. is it even necessary. we're already starting to hear from you. theresa hall writes on my facebook, that's one place you can send us information, a question, she says, we need help, and america needs to help all americans, not just the loudest and most fortunate. we're also hearing from you on my blog as well cnn.com/fredricka. we want to hear from you. also by way of the phone, 877-742-5760. that's the number right there. give us a call. we'll get you on 4:00 eastern time. by the way, you need to watch what you tweet these days. it could land you in legal hot water.

it can be tough living with copd... but i try not to let it slow me down. i go down to the pool for a swim... get out and dance... even play a little hide-n-seek. i'm breathing better... with spiriva. announcer: spiriva is the only once-daily inhaled maintenance treatment for both forms of copd... which includes chronic bronchitis and emphysema. i take it every day. it keeps my airways open... to help me breathe better all day long. and it's not a steroid. announcer: spiriva does not replace fast-acting inhalers for sudden symptoms. stop taking spiriva and call your doctor if your breathing suddenly worsens, your throat or tongue swells, you get hives, or have vision changes or eye pain. tell your doctor if you have glaucoma, problems passing urine or an enlarged prostate, as these may worsen with spiriva. also discuss the medicines you take, even eye drops. side effects may include dry mouth, constipation and trouble passing urine. every day could be a good day to breathe better.

announcer: ask your doctor if once-daily spiriva is right for you.

all right. watch what you tweet. your comments could get you in legal trouble. cnn's jessica gomez tells us about a chicago woman facing a defamation lawsuit after allegedly complaining about a moldy apartment, and she did it on twitter. >> reporter: the whole story started here at this luxury chicago apartment complex with a

dispute between a landlord and a tenant. horizon realty group says the tenant wasn't happy about a leak in the roof. that tenant took her complaints to the social networking site twitter, tweeting that there was mold in her apartment, and that her landlord was okay with it. just 16 words later, and they slapped her with this, a $50,000 lawsuit. horizon refused to talk to us on camera, but issues this statement saying simply, they're trying to protect their reputation. so we wanted to sort of find out whether or not this lawsuit has any legs. >> i don't think at the end of the day it has any legs. sometimes people bring defamation suits because they just want to clear their names, and that may be what the realty company is thinking about. but i think they'll have a very hard time winning the lawsuit. in this country, we really like free speech. so we make it very hard for plaintiffs to bring defamation suits. they have to prove it was false. >> reporter: all right.

next stop? internet cafe. let's check out what social net workers are saying. do you ever think that it could offend somebody, that it could be grounds for a lawsuit? >> yeah, absolutely. i think there's a lot of censureship with that type of media, and it's sort of a new -- it's a new thing that people have to sort of monitor themselves. >> reporter: what are your thoughts about this? you're on facebook, some of these social networking sites. what do you think? >> i think people should be able to say what they want to say. but if she was already suing them, then maybe she was kind of digging a hole for herself. >> reporter: the tenant moved to a new neighborhood. we tried to get ahold of her, but were unsuccessful. experts say while this might be one of the first few cases of its kind, it certainly won't be the last. jessica gomez for cnn, chicago. >> let's bring in our legal guys who tweet, avery friedman and

richard herman. do you guys tweet? >> i don't even know what tweet is. i'm bad. >> you don't know how to spell it? >> but you don't tweet either, fred. i heard that. >> i know, i'm in that camp, too. avery, is this the first of many cases to come before the legal courts? because of saying too much? >> it may be. but let me just be very clear. one of the things that was left out of this package is that jeffrey michaels, who owns this big real estate company, said after he was sued, we're a sue first and ask questions later kind of organization. >> a little advertisement, too. >> yeah, but wait until the jury gets their hand on this case. it's going nowhere fast. seven tweets, this should be dismissed. i hope the ten apt prevails. >> avery's right, and the professor we just saw, defamation cases are so difficult to prove, fred. just because you made a comment, maybe there was water damage in her apartment, truth is a defense. i don't know where it's going. >> let's go to the guantanamo

case. a federal judge says, you know what, young man, young detainee, at this point he needs to be freed. avery, why, and on what grounds? >> muhammad jawad who might have been as young as 12 years old has been held in gitmo for almost seven years, fredricka. quite frankly, the judge who decided this case said, you know what, enough is enough. even the prosecutor said he was embarrassed by what happened. he's on his way back to afghanistan. >> he allegedly caused some problems in kabul. >> maybe. >> allegedly. so the judge is saying at this point, it's just been too long. so richard, is there sympathy because this was a young person, 12 years old at the time, that same kind of, i guess courtesy is not being -- or concern is not being extended to others, other detainees. >> i think what the softness about the case is, the fact that there's no evidence against this guy. that's where it's at. all the evidence they had against him was obtained as a result of special tactics used

on him to elicit this information, or these confessions. so even the government says, we have nothing except his confessions. we have no independent corroboration. we're really not ready for trial. the judge said, seven years, avery's right, i've had enough. he's gone. i want him to go back home to his mama. >> america's better than this. it really is. >> yeah. >> let's talk about a couple more lawsuits. because i guess the theme here is america's a little sue-happy, huh? this one involves nascar. and it involves a small track. and they're saying, they're being squeezed out of the business because nascar is not signing them up. avery, do they have a case? >> we'll find out. the argument is on this thursday. basically turns on the expert for the small independent track, on whether or not it's anti-competitive, antitrust. i think they're going to lose. >> oh, really? richard? >> i think they're going to lose. i think nascar made an independent determination whether to go to this kentucky speedway. they decided not to. their schedule was booked up and that's not grounds to sue under

a monopoly. >> and the $54 million pants. >> we've been waiting for this one. >> exactly. >> you've got those pants, avery. >> by this point now, the guy could have bought, you know, a whole slew of pants, the amount of money he's spent on this. >> that's for sure. >> where are we now? this is a washington, d.c. case. the guy gets upset his pants, he says, got damaged in a dry cleaners, so he's suing, doggone it. now what? >> well, i mean, he's 0-4 right now. number one, he lost these, remember, his pants. then he lost the case about the pants. then he lost his job. then he lost the case about the job. and the same federal judge, judge huhvel, wrote a 39-page opinion, well reasoned. you know what, believe it or not, i don't think this case is over. i think he's going to keep going in the state court. the superior court in d.c. on whistle blower. crazy. >> richard, we're done. we're going to have to zip it up. >> they have to go to the supreme court. this case is over. this guy's ticket should be punched. he doesn't belong being a lawyer.

>> richard's almost right on that. >> richard, avery, thanks so much. we had so many cases and so little time, once again. but i love seeing you guys. have a great weekend. a decorated green beret soldier dies in iraq. not at the hands of the enemy, however, but electrocuted in a shower. the contractor cited for failing to ground the equipment, gets millions of dollars in bonus money. how some are fighting to get the cash back.

two senators are demanding that the pentagon get the money back from a military contractor criticized for shoddy work. >> a contractor kbr received $83.4 million in bonus payments for electrical work it performed in iraq during the past several years. now there's a push for kbr to give that money back. >> these are just absolutely

stunning conclusions. about failures by kbr, as well as failures by our government. >> reporter: u.s. senators bob casey and byron dorgan join ryan's mother at a news conference. her son was a highly decorated green beret who was electrocuted in his shower on a u.s. base near baghdad last year. the senators harshly criticized both the defense department and kbr, the top contractor specifically named in the ig report. they're now demanding that d.o.d. officials take back the $83.4 million in bonus payments the army headed out to kbr for the work it performed in iraq. >> the question for us is, when will there be accountability. accountability that requires contractors to measure up. and how do we get that from both the pentagon and contractors. we're not going to let go of this, because something's

dreadfully wrong here. >> reporter: the inspector general's report found a water pump installed by kbr was not properly grounded, leading to sergeant mace's electrocution after it short-circuited. and electrical conditions are still dangerous for u.s. soldiers at war. even in afghanistan. ryan mace's mother said she talks to soldiers who are still getting shocked. >> i think we really need to focus on the safety of the troops and the electrical conditions in afghanistan. and i do know firsthand that our troops are continuing to be shocked even in showers in afghanistan. i still have contact with a lot of solders on the ground over there. >> reporter: earlier this week a kbr spokesperson told us that "that while the death of staff sergeant maseth is tragic," they maintain they were not responsible for his death. company officials say the build where sergeant maseth lived was a pre-existing building and not properly grounded by contractors who built the structure in the

first place. kbr also told cnn "the senators are wrong in their assertion that we have been derelict in our duties to protect the troops." two wrongful death lawsuits were filed against kbr by families of electrocuted soldiers. a lawsuit by ryan maseth's family is still in court. abbie bood rou. snrks o are downloading the final final revised final presentation. - one just got an e-mail. - what?! - huh? - it's being revised again. the co-pilot is on mapquest. - ( rock music playing ) - and tom is streaming meeting psych-up music from meltedmetal.com. that's happening now with the new mifi from sprint, the mobile hotspot that fits in your pocket. sprint. the now network. deaf, hard of hearing and people with speech disabilities access www.sprintrelay.com. the mobile hotspot that fits in your pocket. sprint. the now network. so, april... yeah? you know, your charger is still using energy when it's plugged into the wall, right? yeah, but that's not my charger. i don't even have a cell phone.

[ballad ringtone playing] uh-oh. um... [music stops] heh. announcer: millions of kids are using their energy wisely.

hot! hot! hot! time to check your air conditioning? come to meineke now and get a free ac system check. at meineke, you're always the driver.

passengers are inside laguardia airport's central terminal. the terminal was actually evacuated this morning after a man walked in with a bag full of wires and two batteries. he has been arrested. police say the device was a hoax. and three u.s. troops have been killed in southern afghanistan's kandahar province today. roadside bombs hit their patrol. july was the deadliest month for forces in afghanistan since the war de gan. taking on the neighborhood. one young man finds his purpose in life by turning crime-ridden streets into a place african-american entrepreneurs can call home. soledad o'brien has this black in america story.

>> we're standing in front of 1048 peralta, which is one of the headquarters for the black panther party back in the days. >> reporter: today this symbol of black power comes with flowers and fresh paint. for a private family home. now part of the rebirth of a community which had been a battleground marked with drugs and despair. >> me and marcel were here one time, and ak-47 bullets rang out. we had to lay all the children down on the ground. >> reporter: marcel is marcel dealo, the man who's trying to turn the village bottoms area in west oakland, california, into an oasis of black economic power. growing up in a dangerous neighborhood, he said, has helped. >> it particularly sharpens your senses to how to solve problems. you know, i made it out of that situation myself. so i'm able to pretty much help

a neighborhood get out of that same situation pretty easily. >> reporter: in the last couple of years, as a landlord and business owner, he has helped at least two dozen black families move back into the bottoms. in restored houses. there's an art gallery now, and a curio shop. >> we're holding the keys to the neighborhood, right? >> reporter: this cultural center, a community garden. >> this used to be an old auto wrecking yard. we're transforming it into a working farm. >> reporter: his own black dot cafe where he meets with urban planning consultants. >> the rest is vacant land that could probably be used to build up. >> reporter: his goal? a thriving black presence, amid an area already starting to yield to sentry fi indication. >> a west oakland, of course, it's going to be affected and

will probably be one of the most integrated neighborhoods in the bay area. i just would like to see that the long-time black inhabiters are participating in the new-found wealth. >> reporter: problems persist. dealo says he still gets stopped by cops who see a black man, not a businessman. his original financing came from asian-american bankers. they gave him a better deal, he says, than the black bank officials. he's not slow to take matters into his own hands. >> this house is from -- predates to 1860les. >> reporter: this historic house was scheduled to be demolished. >> i grabbed a forklift and just moved it. >> reporter: this was the first black family home in the bottoms. even before emancipation. now it sits in dealo's grandmother's backyard, a bridge between past and future. >> i come from the bottoms. and i believe that true change happens from the bottoms up.