a distinguished career in education. let's lick heart disease once and for all and make sure the gayle williamses are healthy and around for a long time. anderson cooper and "ac 360" starts right now. >> breaking news. from new haven, connecticut, any minute now we're expecting an announcement perfect police investigating the murder of yale university grad student annie le whose body was found stuffed into the wall of a building on the yale campus. have police solved the crime? we may find out in a few moments. >> president jimmy carter saying racism not only exists in america but bubbled up because

>> i live in the south and i've seen the south come a long way and i've seen the rest of the country that shared the south's attitude towards minority groups at that time, particularly african-americans. that racism in connection still exists. i think it's bubbled up to the surface. because a belief among many white people, not just in the south but around the country that african-americans are not qualified to lead this great country. it's an abominable circumstance and grieves me and concerns me very deeply. >> president jimmy carter saying racism not only exists in america but bubbled up because many white people believe an african-american president cannot lead the country. with us now, mark williams, chief organizer of the tea party express.

also joining us tonight, cnn analyst, roland martin. is racism a factor in the protests and anger we've seen directed at the president which is what jimmy carter is saying? >> a tiny fringe, you know, by now we're used to jimmy carter spouting stupid stuff that puts this country in a bad light. what i'd like to know from jimmy carter is how do you explain the fact that barack obama's president and that his approval numbers are dropping through the floor? did america wake up one day and decide it's a racist country? it's absurd. there's a fringe that says that. if you look out over the sea of signs at these tea parties, you'll see a handful, a tiny handful of anything that even strikes of racism or even the color of the man's skin. and, of course, that's, you know, you're going to get that. and i don't know how you -- short of repealing the first amendment, how do you shut up a bigot? >> roland martin, what about that? should jimmy carter have said this? is he accurate? is he right? >> i believe the former president is indeed accurate. because he is speaking to what

is a strong perception out there. not just an african-american but also from whites as well. when you talk about a fringe element, when you have conservative radio talk show hosts who call the first lady trash, when you have glenn beck who says he has a hatred of white people, when you have sherry goldforth who worked for the tennessee gop state senator who sends an e-mail out depicting the president like a spook does not apologize initially because of the racism e-mail, but she says i sent you it to the wrong e-mail list. what you have here, do you have individuals with a problem with this. you have four -- according to reports, 400% increase on threats on the life of the president. what's the difference between him and the previous 43? it is certainly his skin color. i think we cannot deny the reality. >> well, there is another -- there's another big difference. >> there are subtle elements of race. everything is not so overt, so out there in terms of color, drinking signs.

but you have instances of race that we cannot deny exist every day in american society. >> mark? >> well, given that i've been a radio talk show host for 30 years almost, to cite the hyperbole we engage in is making our point, take it over the top is lowering yourself, roland. we have an entertainment aspect to what we do. >> this is an example. >> but to say any of that is, perhaps with the exception of the spook comment, is race based is to ignore the other major differences in this administration and that is this administration is doing everything it can to dig into the pockets of the working americans, steal from them and steal from future generations while borrowing from the chinese today to undermine this country. why is he out there bowing to saudi kings and apologizing wherever he goes? >> here's the reality. >> obama, do not apologize for me. >> mark, here's the reality. the fact of the matter is you look at the facts, deficit increased under president bush and president clinton. that's a fact.

the point here is we have to -- we cannot deny the reality. when you look at the viciousness of parents, mostly white, objecting to the president speaking to -- >> you try to take churn's futures away from them -- >> mark, mark, mark. excuse me. mark, one second. when we have people who are objecting to the president -- >> you guys, there is no point in talking over each other. viewers just turn off. finish your thought. >> you have the viciousness of people objecting to the president speaking to schoolchildren and we look in arlington, texas, we're not going to show the speech but we'll bus kids to listen to the former president talk about education. >> in past years, under president bush, we saw people demonstrating, showing signs saying president bush was a nazi. saying he's a facist. why is this any different? >> because you also look at the level of criticism. when you hear people say statements like, you know, i want to take my country back from this man.

it is also how you are looking at him. when i look at jimmy carter, 85 years on this earth, he has seen things through his life as a white man from the south that i cannot necessarily see. he has a different point of view. i may see something as a man and say i don't see what the big deal, is but a woman may say i have a different experience because i'm a woman. >> when you hear somebody say he is changing our country. i want to take my country back, you hear -- >> when i hear someone say he's not one of us, when i hear him say i want my country back from him, i'm saying, wait a minute, what do you mean from him? he's a president. elected by 50 plus 1% of the country. we cannot deny the sole elements. again, i think there's an effort to make him a legitimate president. we cannot deny the sole pieces there. and i think joe murtha, when he spoke about the people in his district, people said how dare he say that? he represented the district for 35 years. >> i'd like to ask you then what was -- what is racist about the boos and the cat calls i got every time i mentioned nancy pelosi or harry reid across country?

what was racist about me having a role in the unseeding of conservative republican white man john doolittle who was number two at the trough after jack murtha? what's racest about the vitriol directed at barney frank and jack murtha and the administration. >> if you think this tea party thing is about obama, i have news for you. this started during bush. as i said repeatedly, president bush planted the seeds. and all president obama did is come along with a sack of fertilizer and a bottle of water to make it flourish. and then surround himself with these whack nuts, these czar nuts that he's got around him. >> mark, here's the difference. >> they are bound and intent to do what they can to disrespect the people that pay the bills. >> here's the difference. when we speak about the issue, it's amazing. when i get the e-mails from people, we can talk about the president picking who should win the super bowl and then race is injected. race oftentimes is attached to

this president. not just in terms of people out there speaking. you begin to read blogs -- >> where did you see this? where did you see this? >> mark, mark, mark, one second. i often -- i get tons of e-mail every day. i respond to people and say wait a minute, how did you jump to the issue of race? >> you're better than al sharpton and jesse jackson. >> mark, excuse me. i'm making a broader point. i'm not in denial about race in america. just because we elected an african-american president does not somehow mean race left this country. we cannot ignore that. what i'm saying is we as african-americans, as whites, hispanics, asians, whatever, we have to be willing to call people out for what it is and not ignore it like you choose to do, mark. >> you said in the beginning of this that there is a small fringe element in some of these demonstrations. very small element, you said. a lot -- as you know, a lot of play has been given in the media to some of the signs that people have held up. there's this witch doctor sign that has gotten a lot of play. we're showing it right now.

is that something when you see you think, okay, that is -- do you believe that is racist? and if you do, is that something you would tell people in your movement who come to your rallies, look, don't be bringing that sign? >> yeah. obviously, i would. and, yeah, it is -- it detracts from the actual discussion and it's engaging in the same kind of demagoguery that roland is engaging in and the others in race baiting business who make their check off of perpetuating racism like the jacksons and sharptons do, but the fact of the matter is i'm also in the media. i understand what makes a good picture, a tv picture. and those signs, face it, they make the camera because they're unique. you don't see picture after picture of little kids holding up signs saying president obama, nancy pelosi and harry reid don't spend my future because there are thousands of them. >> but mark, have you gone to them and say, take it down? we do not want that. have you done that? have you called on your supporters and say that is not allowed here? take that down?

>> i don't determine what people believe or feel or express. >> answer the question, mark. have you done that? >> unlike you folks on the far left, i do not mandate to people what they feel and believe. i don't have to agree with people who say it. why should i? i'm supposed to find one guy in a crowd of 10,000 and say take that sign down? what does that make me? that makes me no better than the onerous or philosophies we're trying to fight. >> i'm willing to fight racism if it's coming from african-americans or whites or anybody else. you, sir, are an apologist for them. and that's the problem, anderson. >> i want to give mark the final thought. >> well, the difference between me and a lot of people is there are people in the professional race baiting business who make a good living off perpetuating racism. i don't happen to be one of them. i'm an american. what i see happening to my country scares me because we are head down a path we've seen before in human history. if we go to the end, we know how this book ends. >> i've seen racism before and that scares me. >> mark williams, appreciate your time. roland martin, thank you. >> let us know what you think about president carter's

comments about the conversation you just heard. is race a role in this or inappropriate to bring race into it? let us know what you think. join the live chat at ac360.com. up next, paul begala and alex reacts to some of mark's comments from last night calling president obama an indonesian muslim among other things. >> why won't you stand up and say, it's wrong when this clown, mr. williams says that the president is an indonesian muslim? do you denounce that? do you endorse that or denounce that? >> tell you what he says. are the people fueling the tea party protesting crossing the line or expressing free speech? we're waiting for a news conference investigating the information in the annie le murder. is an arrest imminent? breaking news, we're waiting for it. we'll be right back. paws. check.

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at our lowest prices ever, in an interview that aired a short time ago, jimmy carter telling nbc news' brian williams that he believes racism is behind the animosity against president obama. president carter says this grieves him. to be sure, we've seen intense expressions of anger directed towards president obama including the protesters in washington over the weekend. today house lawmakers are dealing with another expression of anger, voting to formally reprimand joe wilson of south carolina who called the president a liar. was the message the house sent really worth the time and trouble today? here is joe johns with the "raw politics." >> reporter: what are they

doing? what is going on here? the complex health care debate, afghanistan, and the economy all ramped up to a fever pitch and yet, what are they focused on on the floor of the house? >> what is at issue here is of importance to this house and to our country. >> reporter: that's right, today they debated whether they should approve the mildest possible rebuke of joe wilson. he's the guy that launched out of obscurity with the two words he shouted at president bush, "you lie." >> you lie! >> that's not true. >> reporter: you know what happened next. under pressure from his own republican leaders, wilson apologized. then he created a campaign video making him out to be a truth telling crusader that brought him $1.5 million in contributions from people who support him and presumably what he said. to be fair, his democratic opponent also raised about that much. which brings us to today and your tax dollars at work and the debate over whether wilson should be punished. congressional democrats called

for a so-called privilege resolution of disapproval. even though some democrats admit right now the congress has more than enough on its plate. >> don't you think this joe wilson resolution is a waste of time? don't you guys have more important things to do? >> you know, that's like they don't call me. and say, what do you think? i say let them stew. he already made an incredible -- he embarrassed himself. he embarrassed the congress of the united states. and i think the nation with his outburst. and i just walk away. that's my own personal opinion. i just walk away. we have important things to do. >> reporter: so congress voted to punish joe wilson. here's the deal on a privilege resolution of disapproval. only three dozen members of the house have ever been sanctioned by a vote of the whole house and this is the first time for yelling at the president. but is totally tepid, it involves no fine, no reprimand, and no expulsion. >> so, joe, why did the democrats go through the

exercise at the end of the day if they didn't want to? >> it's red meat for the party faithful. some democrats are welcoming this drama because their fund-raising went up. more importantly, it rallied and galvanized their base even. >> politics, politics, politics. joe, thanks. congressman wilson's outburst during president obama's speech has become a lightning rod for both supporters and critics. earlier i talked about the vote with two guests. alex, did congress vote the right way? >> you know, i think -- i think clearly the congressman overstepped his bounds. he can find another way to make his name world famous, i think. he's learned that. but this is just politics in washington. the democrats are having a hard time holding their party together on health care. and politics is better than policy here to hold them together. so this is not a vote that is going to do anything to fix the economy right now. this -- whether they voted the

right way or not, this is a vote they didn't even need to take. >> paul, was this a good use of congress' time? this thing started hours ago. they've been debating it for hours. >> speaker pelosi didn't want to do this, but i feel like they had no choice. i worked for the then house majority leader. that place is steeped in tradition. it's not the worst thing that ever happened. i'm not going to give lectures on civility to anybody, anderson. i do not have clean hands. i've said much worse things about other people. i'm not a congressman interrupting a president in the middle of a joint session address. >> again, if characterizing your opponents, demeaning them by using the lie word is an offense, then clearly we should censor the man who did it first on the floor of the house and that would be barack obama who just before joe wilson said that's a lie, speaking specifically about republicans. >> he was talking about the allegation about death -- that was essentially incorrect. in a speech, you are equating that to some guy, a congressman

yelling out at the president? >> well, yelling out at the president is one thing. but being censured for calling the president a liar, which is what the democrats are saying for the past -- well, since this happened, let's make clear that the president right after appealing to bipartisanship stood up there and addressed his opponents, demind them as liars. so, yes, that's something the president should not have done on the floor of the house either. >> paul? >> he -- look, the president was simply stating in very blunt terms a fact. this is the problem. >> no. >> alex is entitled to his own opinion. he's not entitled to his own facts. there are no death panels. >> more of paul and alex coming up. you heard president carter's comments about he believing racism is at the heart of much of the animosity toward president bush. what do paul and alex say? we'll talk about that. a former speechwriter for george w. bush writes about sarah palin. he jokingly asked, is she the

governor of guam? that's nothing compared to what he said about hillary clinton. and new details in the investigation into the murder of yale graud student, annie le. we're expecting an announcement from the new haven police at any moment. we'll bring it you to as it happens.

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recapping the breaking news tonight. we have seen a protest and heard the harsh rhetoric against president obama and how former president jimmy carter told nbc news' brian williams he believes racism is behind much of the animosity against president obama. here is more of my interview with paul and alex. paul, what do you make of this demonstration we saw this

weekend and no doubt demonstrations we'll see in future weeks? the tea parties. are democrats painting with a very broad brush all these demonstrators? >> i hope not. you know, dissent is always patriotic. i am pro dissent. you know, i was part of that dissent when the president was in the other party. i think that kind of dissent, that kind of energy, it's wonderful. but part of being -- part of a movement of opposition is having the courage to purge that movement of its crazies. i mean, remember, we're talking about kanye west. kanye west said george w. bush hates black people, donna brazill, the vice chairman of the democratic party said, no, that's wrong. it's wrong to accuse our president of being racist. we helped to put -- push that out of the movement that was opposing in a responsible way george w. bush. these tea baggers, i saw that clown you had on last night this mark williams guy calling

president obama an indonesian muslim and a welfare thug. goodness gracious. now, you know, william f. buckley pushed the crazies out of the republican movement in the '50s. somebody today in the 21st century has to do the same. there's a responsible dissent in the republican movement. but it's being hijacked by a small number of lunatics who have taken this over. >> is there more here, deeper opposition to president obama because there were plenty of things that president bush did in the latter years of his administration which upset genuine conservatives which, you know, busted the budget for future years or the deficit. >> if that's the case, then where was this deep-seated, you know, subtext during the election? when all of america, a lot of america was looking at barack obama as a unifier. and, you know, we didn't see the divisions then. he was the same guy then. race wasn't an issue then. it's policy that has done this. and guess what? maybe the democrats have got it wrong.

maybe america doesn't want to be saddled with trillions of dollars of debt and don't want to move to the left and take over banks and auto companies. what if the democrats are wrong? >> we saw it at the campaign, alex. i don't know what campaign you were covering. it was at the sarah palin rallies. she was saying that president -- then senator obama, pals around with terrorists and people are screaming most hateful things at those palin rallies. when a cameraman was attacked at one of those rallies. the country looked at it. they didn't like it and rejected it. so this is what puzzles me. why won't you, alex, stand up and say, look, it's wrong when this clown, mr. williams, says that the president is an indonesian muslim who in -- who turned into a welfare thug and is a racist in chief. just stop there. do you denounce that? do you endorse that or denounce that? >> paul, you asked me to say something. i'll be happy to say it. the thing about the birth certificate is ridiculous. most mainstream republicans think it's ridiculous. the only one in this debate that wasn't born in america was me. so i don't know what the big issue here.

and, again, i think it's useful for the democrats now to try to pull themselves together by looking at a small fringe element, you know, the protest fringe protest on the republicans that we have just like the democrats have it when they say, you know, george bush intentionally allowed the planes to fly into the 9/11, you know, when democrats say weird things like that. it serves a purpose politically. it unifies you against the opposition. nothing like a threat from mars. but to say the democrats are deluding themselves? there isn't a mass movement against this horrible leftward tilt that is indebting the country for generations and for trillions of dollars. this is a fiscal revolt. it's going to have a big impact in 2010. >> paul and alex, thanks. coming up next on "360," breaking news. a police news conference that could offer new clues in the murder of the yale graduate student annie le whose body was found stuffed in the

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her body was found stuffed inside the wall at a yale research lab. she was just 24 years old. the discovery on what would have been her wedding day. the police have not made an arrest in this case. however, they have taken a person into custody. his name is raymond clark. 24 years old, about 30 miles away from here in an apartment

complex in middletown. he worked in the lab. police made a real point of saying he's not a suspect in this case, he's merely a person of interest at this point and they want to know what else he may know about this. they went to a judge to get permission to take him in and question him about all this. he has a lawyer. they won't talk anything of what he has said. he is indeed a person of interest. earlier today, they were out searching around the apartment where he'd been. witnesses out there, there was video of that, witnesses said they had been there for several days, swirling around, the police asking questions, talking to people who might know something about him. however, the police went on to say, they just want to know what he knows. they are still looking at many other potential suspects. they're making a real point of saying he's not a suspect. they have over 700 hours of video they looked at from these labs, anderson. more than 150 pieces of evidence. they still need to narrow down

who their suspects are. all this is aimed at that goal, anderson. they've been circumspect since the beginning. they are still being so. they told us to stay around tonight, this important announcement. clearly it's a big change from earlier today. they are giving indications that they had so much spread out evidence and so many people to look at, that it seemed almost like they weren't narrowing it down. at least tonight they're using that language, saying they're getting to the point of trying to narrow this down. to how many, we don't know. >> have they said whether they know for a fact this was an inside job? this is a young woman who worked in a lab, a lab that you needed i.d. to enter. it was not just a building anybody could get into. she was last seen on the video camera entering the building. that was the last time we know of anyone seeing her. >> reporter: they are not said they know this is an inside job. that's been the assumption of a lot of people here, but the police have been careful to say, no, we're not going to make that

assumption. simply because the chief mentioned this a moment ago, they want to remain open to the possibility of who might be involved. an important note was raised earlier today, anderson. there's a ton of dna evidence, maybe a ton is too much, but a tremendous amount of dna evidence they're dealing with here. one of the other top-ranking police officers here told me, one of the problems is because this is in an animal lab, there's a tremendous amount of dna evidence from these mice they experimented with there. so they collected a lot of things. they have to have a lot of tests done and that's going to take time. what an officer said today, we have no intention of making an arrest and raising charges until we're confident that the dna is going to back it up. because they do not want to have the case foiled by pulling someone in and then having contradictory dna evidence. they're trying to get all that cleared up. so what we had tonight, anderson, seems to be an important step in the process.

but not the end and not necessarily a harold of the end coming necessarily soon. anderson. >> i know a lot of people on that campus were hoping there was going to be some announcement tonight that a suspect was in custody. that's certainly not the case at this hour. tom, appreciate the reporting. we'll check in with tom if there are any developments in the course of this hour. want to dig deeper with a criminal pathologist, dr. cyril wecht. professor, when we know this young woman's body was basically stuffed into a wall, i imagine hastily, somewhat hastily, bloody clothes stuffed into a ceiling, it would sound like there would be at least a fair amount of possible evidence, possible dna evidence. >> i'm certain there is. there's a principle known as lokarg principle. when you have this kind of physical alt arication, you can

be certain there will be a transfer of some scientific evidence, a hair, a fiber, some kind of trace evidence they are working on. and i understand as has been pointed out that it's necessary to do a thorough dna analysis. keep in mind, historically, the new haven police have been burned before. this case has been forgotten some years ago, a yale co-ed who was brutally murdered. they came out hastily and accused a young instructor and they ruined his life to a great extent professionally and academically. and they've been sitting on it without the courage and the decency to withdraw and retract that. so that's on their mind. you can be sure. so they're taking their time. they know who was there. they know all the people that were present that day. it's just a matter of time. and while they say that it's just a person of interest and there's no arrest and so on, i frankly have a great deal of doubt.

i think that this is a arrest that is going to be very soon. >> professor levin, it seems -- this may be a dumb question. if you were premeditating, planning to kill somebody, a lab, a public lab on the campus of yale university, it would seem to be an odd place to do it. does this seem like a crime that was premeditated? >> well, in my opinion, it looked like a crime of passion that was committed in the heat of the moment, spontaneously, impulsively, a case of manslaughter rather than first degree or second-degree murder. but at the same time, if this ever goes to court, the jury will see it as premeditated. because the killer stayed around and planned concealing the body. so when you see planning after the fact, then you also think of planning before the fact. but i don't think it's clear at

all that that was the case. >> we have to take a short break. we'll have more with dr. wecht and dr. levin in a moment. we'll be right back. also, we have a lot more to talk about. the police searching the home of the man who kidnapped jaycee dugard for possible clues in the disappearance of two other girls. through a new search, their parents wasn't answers, of course. i want to give them a card that's going to be useful in their wallet. we have a program right now called add it up. add it up is a way for a customer to shop online and earn extra cash back. we do have a power rewards program. where yoearn points for that cash back to be automatically put back into your checking account. every purchase that you make, you're going to be earning points back. so, i mean, we find ways to help customers save money. that's my bank of america card. that's the one i want to use.

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the residence at 40 ferry street apartment 1-a in middletown. that's a residence of a raymond clark who is an employee at the yale university. >> joining us is criminal pathologist dr. cyril wecht and jack levin, criminologist, northwestern university. professor wecht, why would they withhold autopsy results? what information would they not want to get out at this point? >> they want to hear the story of the suspects. they want to hear what he has to say. for example, he'll say, you know, i really didn't do anything. we were just making out or so on and she fainted and passed out and i panicked or whatever. they want to find out was there any sexual activity. they want to find out exactly what he's going to say about all of the physical events in order to see what they can confront him with when they get the forensic scientific evidence. they have all the information from medical examiner. they don't have the dna test results yet. but they've got basic things.

was she raped? was there evidence of a sexual assault? they know that. was she strangled? was she beaten? was her skull fractured? they know all that. they want to hear from people, whether it's mr. clark alone or others, what is the story? because they want that hole to be dug before they tell him what really happened. and then he fits his story with his attorney into that scenario. that's why they're holding back. >> jack, do you think annie knew her killer? >> i think almost definitely. you know, most homicides are committed over arguments. the perpetrator is very often someone that knows the victim very well. he's in the family neighborhood, co-worker. this was an inside job, it seems to me, almost definitely. as you pointed out, anderson, it was a secure building. he needed a key card to enter. but i think also this killer was familiar with the building.

he knew where to conceal the body. and unlike a stranger, unlike an outsider, this killer stayed around and took time and took a risk by waiting and finding the appropriate effective place to conceal the body. that doesn't happen in cases of robbery where someone from outside comes in to a building. they want to leave as soon as possible. my guess is that the wedding cannot be ignored here. it seems to me it was going to happen just a few days after the death of annie le. and i wouldn't be surprised if we're seeing the work of someone who was obsessed with her and decided, look, if i can't have her, nobody can. >> dr. wecht, the fact that as jack pointed out, this -- whoever killed her knew where to put a body in a wall and also hide clothing in a ceiling.

>> i think that this is quite correct. i would emphasize this point. there was no need, in fact, it would have been unwise for whoever worked there or worked -- or studied there to have left there prematurely. i think it would have been wise to remain there and to pursue a normal course of activity. and that would fit in very, very well with what professor levin has said, someone who knew her, someone who knew the building and so on. i think that -- i don't know if i'd go so far as to say this is tied to the wedding. but i think that while this was a crime of passion in a sense that once you get involved and started in something like this, it continues on in frenzied fashion, but i don't know that it was planned or premeditated except that he knew she was there. he knew what he was doing to the extent that the body could be hidden, the clothing could be

hidden and he would finish his workday or research or study day and leave, no hurry. if he left at 2:00 and not supposed to leave at 4:00, then he studies the whole day, that's a clear indication or strong suggestion that he was in a hurry to get out. >> and, of course, her body discovered on the day she was to have been married. it's just unthinkable. jack levin, cyril wecht, dr. cyril wecht, thank you for your time. >> thank you. medical mistakes cost money. president obama saying limiting malpractice suits can help fix health care. we're going to talk to top lawyers who say the president has it all wrong. also tonight, a speechwriter recalls bush's opinions of then senator barack obama and why sarah palin wasn't ready for national office. what he said, ahead.

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in california today, police searched the property of jaycee dugard's abductor. ken simon joins us from california. what's the latest? >> reporter: anderson, when this case first broke last month, police were going to look at philip and nancy garrido as suspects as other high profile crimes in this area. today police were back out at the house looking for evidence that might tie them to a pair of kidnappings that happened roughly 20 years ago, two cases in particular they're looking at, the first involving eileen mishilof. just 13 years old when she

vanished while walking home from school. the second involving mikayla garecht. that case in particular has gotten a lot of attention, really for two reasons. when you look at jaycee dugard who was held captive for 20 years, they say she and mikayla garecht looked similar. they were also about the same age, dugard was 11, garecht 9. the second part of this, when you look at a composite sketch of the suspect in the garecht case, it bears a resemblance to philip garrido back in the '70s and '80s when he wore his hair long. that's what's going on here at the house. police say they're going to be out here really for the rest of the week. and we're still trying to get word in terms of what evidence they may have seized. >> it is creepy when you see both the photos of the two young girls and also the suspect's sketch and what philip garrido actually looked like. it's -- i got to say, it does look a lot -- very similar.

we'll continue to follow. dan simon, appreciate it. following several other stories tonight, erica hill has them in a "360 news and business bulletin." federal reserve chairman ben bernanke says the recession is very likely over but there are challenges ahead, including unemployment. speaking to washington insiders at the brookings institution today, he cautioned it is going to be a slow economic recovery. a former speechwriter for president george w. bush has written a tell-all book about his days in the white house including president bush's comments about other politicians. among the recollections, when it comes to sarah palin, he says, president bush said, "i'm trying to remember if i met her before. what is she, a governor of guam?" and barack obama, this is a dangerous world, he is not qualified to handle it. this guy has no clue. i promise you. and on hillary clinton, "wait until her fat keester is sitting at this desk." meantime, at the white house today, some rare comments on pop culture. president obama offering a message for kanye west after the rapper cut off country singer

taylor swift during her acceptance speech at the mtv video music awards. west stepped in to say beyonce should have won for best video ever. in an off the record comment during an interview with cnbc, president obama had this to say -- >> i thought that was really inappropriate. you know? i mean it's like she's getting an award. why are you butting in? she seems like a perfectly nice person. she's getting her award. what's he doing up there? >> why did he do that? >> he's a jackass. >> may not have wanted everybody to hear but it seems a lot of people agree. and our bizarre story of the night, jessica simpson's beloved dog snatched by a coyote right in front of her. she broke the news on twitter, where else. she posted a photo as well, offering reward to anyone who can reunite her with her pooch. that is awful. to see a coyote come and take your dog. >> but it's terrible. but if a coyote takes your dog, what kind of -- i mean it's not as if -- why offer a reward. >> i don't think the dog is

coming back if a coyote took it. i hate to tell you. >> yeah, it doesn't -- anyway. >> a girl can dream. coming up next in the program, the latest on breaking news in the case of annie le. plus, doctors make deadly mistakes, we know this tens of thousands of people are killed each year. we're going to take a look at who wins, who loses and who pays in medical malpractice cases. we'll be right back. now your card comes with a way to plan for what matters to you. introducing blueprint. blueprint is free and only for chase customers. it lets you choose what purchases you want to pay in full to avoid interest...with full pay. and those you split... you decide how to pay over time. if having a plan matters. chase what matters. create your own blueprint at chase.com/blueprint.

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new pictures just in to cnn of the person of interest in the death of annie le. his name is raymond clark. that's raymond clark being put into a vehicle. he's a medical lab technician. police say he's not under arrest and they're not calling him a suspect. simply, they're saying he's a person of interest. and the search warrant was issued for his property. there you see him being put into a vehicle. tonight, we also launch a series. we're doing a couple pieces on this entire week, medical malpractice, who wins, who loses and who pays? medical errors kill at least 44,000 americans every year. that means that medical mistakes are deadlier than breast cancer or aids or motor vehicle accidents. we should point out, doctors are not the only ones that make medical mistakes. but when they do, what can you do about it? most people would consider hiring an attorney and suing for malpractice.

but insurance companies say, hey that is driving up prices. in his big health care address last week, president obama called for a new look at how medical malpractice lawsuits are handled as a possible way of reducing health care costs. over the next couple nights we're going to do our best to cut through the noise and hold all sides accountable. tonight, we hear from the lawyers. here's gary tuchman. >> reporter: a quick response from two of the nation's top trial attorneys. when i asked what's wrong with capping medical malpractice settlements. do you think this is unamerican when this happens? >> unconstitutional. and i believe our constitution is about the finest document, you know, we could possibly have. >> reporter: even more blunt, i asked if malpractice verdicts dramatically jack up our health care costs? >> there's no impeeric evidence anywhere that it's out of control. >> a lot of allegations, right, from doctors and insurance companies and from americans. do you think they're misled? >> yes. >> reporter: both former presidents of the nation's largest trial lawyer association say it's easy to scapegoat the

lawyers. >> nobody wants to be sued for anything. but that's the way our country works. i commit legal malpractice, i should be sued. >> reporter: but they say punitive damage malpractice verdicts are much rarer than critics make them out to be. he says he's been told he won more such verdicts in the u.s. than any other plaintiff attorney. and it's not many. >> over a 30-year period, that's like seven or eight. which i think underscores how rare the award of punitive damages is. >> reporter: but settlements before they get to the judge are quite common. insurance companies pay them. and doctors complain that leads to higher malpractice premiums. many doctors try to make their care bullet proof by practicing defensive medicine, giving extra tests and treatments to protect themselves from liability. >> i don't believe malpractice reform is a silver bullet. but i talk to enough doctors to know that defensive medicine may be contributing to unnecessary costs.

>> i think that barack obama needs to spend more time talking to victims of medical negligence and not just talking to all the doctors. >> reporter: 35 states do have some type of malpractice award cap. but these lawyers say the federal government should not follow that lead. so what's wrong with having an administrative court? with trained, medical judicial professionals? >> there's a lot wrong with that. first of all, why are we having special courts for doctors as opposed to special courts for television reporters or for architects or engineers or lawyers? our constitution was not written with the idea that one group gets special treatment. >> reporter: my orthopedist, who's a friend of mine, takes care of my broken bones. i said what -- what one question would ask you these guy it's you could? and he said, you know, we practice medicine, there are occasionally bad outcomes,

unfortunate outcomes, infections, stuff that you can't control. can't you acknowledge that sometimes it's something unfortunate happens and you shouldn't be suing doctors over. >> you're only compensated as a lawyer if you're successful. so why on earth would you want to take on a case that's meritless, spend money on it and never get an outcome? >> reporter: but aren't there lawyers that do that? i really don't encounter that. i think it's far and few between. >> reporter: so don't blame us say the lawyers. plus, they say, don't blame most doctors. >> one thing consistent about the doctors as a group, they've been duped by insurance companies for many years and they're not very good businessmen. >> reporter: now these lawyers hope that president obama believes what they believe. gary tuckman, cnn, chicago. tomorrow on "360," the other side. doctors say the cost of medical malpractice and frivolous lawsuits are driving them out of business and driving up the cost of health care.

up next, the breaking news. former president jimmy carter saying he believes racism is behind the backlash against president obama. going to hear his comments and from both sides of the debate coming up. we'll be right back. this tums goes to work in seconds and lasts for hours. all day or all night. tums dual action. bring it on. some people like to pretend... a flood could never happen to them... and that their homeowners insurance... protects them. it doesn't. stop pretending. it can happen to you. protect your home with flood insurance. call the number on your screen... for your free brochure.