care. all we want you to do is perform. >> larry: love you, colynn. >> love you, larry. and thanks for your wonderful 25 years, buddy. >> larry: i'll be there next month. january, i'm coming, with the check. >> our senior executive producer wendy walker is here tomorrow night and an exclusive with oxsana grigorieva on wednesday night. now, time for "ac 360." standing up to patdown pt full body scans flyers feel went too far. one man's patdown videotape sparked this round when he warned a worker, if you touch my junk i'll have you arrested. how did that turn out? we'll tell you. we're "keeping them honest." and the legal wrangling of charlie rangel, he got up and walked out of his own ethic's trial claiming he needed more

time for his defense saying his rights were being violated because he didn't have a lawyer. is he for real or is this the latest in a long line of excuses? are animals smarter than you think? we have a week-long series on the latest with animal sbem generals. an underwater lab gives scientists a glimpse into the dolphins. they actually recognize themselves in a mirror, some as young as six months. the video is amazing and you'll not want to miss it. we begin as always, "keeping them honest." tonight, airport security and your rights. has the government gone too far? become too intrusive at airport security checkpoints? there's a lot of a anger of the x-ray scan machines being used in airports. over the weekends, a passenger in san diego refused to go through one of the machines and that led to a confrontation with a tsa employee that he recorded on his cell phone camera. listen. >> you better be doing the standard pat down on you today. using my hands going like this.

>> all right. >> also, we're going to be doing a groin check. i'll place may hand on your hip and other thigh and slowly go up. >> okay. >> two times in the front and two times in the back. >> all right. >> and if you'd like a private screening we can make that available for you also. >> we can do it out here but if you touch my junk i'm going to have you arrested. >> actually, we're going to have a supervisor because of your statement, okay? >> you have a couple choices. someone is going to pat you down and they will be raising their hand up your inner thigh until they reach the bottom of your tor torso. if you're not comfortable we can escort you back out and you don't have to fly today. >> i don't understand how a sexual assault can be made a condition of my flying. >> this is not considered a sexual assault. >> it would be if you were not the government. >> this is considering an administrative search and we're thosed to do it. you submitted yourself to it by coming through the check points. >> that was john tyner on sards.

that video has gone viral with more than 300,000 hits on youtube. mr. tyner said he checked the tsa website before he went to the airport so see if he would have to go through the x-ray machine and san diego airport was not listed. we checked and san diego was not on the list. but mysteriously it was added to the list later this afternoon along with many other airports. the tsa website says there are 385 x-ray machines at 68 airports nationwide. at those airports there are signs like this that tell passengers the x-ray scanners are optional for everyone, and, quote, if you choose not to be screened you will receive a thorough patdown. just how thorough? a lot more personal than they used to be as you just heard. "keeping them honest," no information about that on the tsa website and no details on what happens if you refuse to go through the x-ray machine and a patdown. mr. tyner who recorded the video believes both are an invasion of privacy and he says the government doesn't have any business seeing him naked as a

condition of traveling about the country. here's what the tsa director in san diego said this afternoon. >> tsa is committed to protecting the privacy of our passengers and our customers. we have a process in place that ensures that the officer who observes the display never sees the passenger. and that the officer who is talking to the passenger, may be doing the patdown, never sees the image on the display. so -- and as you've already known and we've shared with the media, that image is not retained at all. as soon as the image is cleared, it's deleted from the system. >> homeland security secretary janet nepolitano spread that message in an article today and she wrote and i quote, the imaging technology we use cannot store, export, print or transmit images. keeping her honest, that's not 100% true. we found the procurement specifications for the whole body imagery devices it says -- when not being used for normal

screening operations the capability to capture images for nonpassengers for training and evaluation purpose is needed. in test mode, the whole body imageers shall allow exporting image zeta in realtime and provide a secure means of transfer of image data and shall allow the export raw and reconstruct it. we found a letter from the u.s. marshal service admitting it stored more than 35,000 images of people scanned by their wave technology machine at a federal courthouse in florida. all this shows the images can be saved on the machines and they often are. we should point out these procurement documents and details from the u.s. marshal's was obtained by the electronic privacy information center, who are suing the government over the screening procedures and that's how the documents became public. what are your rights? senior legal analyst, jeffrey

toobin. you think this is government am overreach? >> i think so. i suspect if this went to court you'd probably have a number of judges saying -- yes, they can do it. but even if they can under the constitution doesn't necessarily mean they should. plenty of other countries have worse threats like israel that don't go through something like this. the more i've read about these machines, my wife's family has a ridiculously high rate of cancer. i don't want to subject my children to a radioactive scanner much less an molestation by a tsa person. >> i flew this weekend and everybody was nice but it felt incredibly intrusive. i had a patdown because i left my wallet in my pants and it's pretty rigorous. >> it is but remember, detroit, christmas day. the al qaeda bomber had a bomb in his underwear. this is not a frivolous concern by tsa. and the law, at least so far, is very clear that you have a

choice. you go through the scanner. you go through the patdown or you don't fly, period. >> you basically give up your rights when you buy that ticket? >> and -- even more than that, because if you go to a screener and you decide, the heck with it, i'm not flying, you still have to go through the patdown. they've said we don't want would-be terrorists shopping around from security checkpoint to security checkpoint so see which works and which doesn't. if you start the process, you have to get searched even if you -- >> once you enter the line? >> once you enter the line you have to do it. >> but anderson there's a point that jeffrey raises. the guy that wore the explosive under way on the plane to detroit, the bombs that were on u.p.s. and fedex, they all originated outside of the country. to my knowledge, they've yet to see anyone try to go through american security as is doing this. >> well, that's true. but the technology on the part of terrorists is obviously

there. and all i'm saying is that the courts look at reasonableness. look at real risk. i think the fact that we've had the shoe bomber and the underwear bomber, that's a pretty -- >> john tyner who resisted this suggested that if anybody other than the government was doing it this would be sexual assault. is that -- >> i'm not sure that's accurate. but so what? it is a reasonable intrusion at an airport. you don't have to fly if you don't want to. and i think that's really just -- >> but interesting, eric, when you fly overseas -- i've been in airports in england where they don't make you check your shoes. they don't make you take your computer out of your bag. it seems like the procedures which we have here are not the same procedures which are being followed elsewhere. so there's no one standard code of conduct. >> i'm not sure it's reasonable. when you look at other places and what can be done. take israel who is a greater security threats than us and

their security at airports maybe isn't as scaleable but it's based on behavior. we have, in essence, in this country dumbed-down airport security so that it's entirely physical. let's not forget, people do have body cavities where if someone wants to blow up a plane they could insert a bomb and you can't detect it through a machine or a patdown. and we're ignoring their behavior by and large by dumbing down security in this country. >> it is true, i think, that there is some point where courts would step in and say, if they made everybody strip naked and walk through these machines that would not be allowed. the point between where we are now and that point, i don't know where the point so -- >> do you think this can be legally challenged? >> yes. it will certainly be legally challenged but i think it will lose. it's more of a political check than a legal check. if people really start to get outraged and they start going to their representatives in congress and saying -- stop this. that's when you'll see the process change.

as far as i'm aware there's not any grount ground swell of opposition to this. i think people don't like the process but they recognize it's necessary in today's world. it's only if people rebel that it will stop. it won't come through the courts. >> i'm surprised, really, that the homeland security secretary has come out with her statement that the administration and members of congress haven't yet done this, maybe having a speaker of the house that will start flying civilian will help in this regard. it seems like many politicians are detached from this and frankly, i don't think the majority of the public gets it because when you look at the percentage of people that fly it's not the majority. but of those that fly, particularly those with small kids, it's a growing problem. until people really start pitching a fit about this nothing is going to change. >> until you've actually had it done to you it's hard to visualize. as i said, this weekend was the first time -- >> it's different from the way things used to be and it's startling but are courts going

to step? i don't think there's much of a chance. >> the pictures open youtube of the nuns and the children getting searched they are starting to resonate. like the youtube videos coming up ambushing the politicians. tsa didn't really expect this and they don't know what they're in for from the camera-wielding public. >> join the live chat at ac360.com. up next, one of the most powerful democratic congressmen walks out of his own ethic's trial. >> with all due respect, since i don't have council to advice me, i'm going to have to excuse myself. >> he said he didn't have a lawyer and can't afford one anymore. that's congressman charlie rangel. "keeping them honest" his gripe over having a legal defense fund fair? didn't he know he could created a legal defense fund? does he truly not have an attorney? some are questioning that, we're "keeping them honest." are animals smarter than you think? we have a week-long series on

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another "keeping them honest" report. this one from capitol hill involving one of the most powerful democratic congressmen who walked out of his own ethic's trial accused of 13 ethic's violations as you probably know layed out in 108 pages released in july by the house committee on standards of official conduct investigative subcommittee including failing to pay taxes in his home in the dominican republic. misuse of a harlem rent control apartment aas a political office. and improper use of government political laterhead. this involved the testimony of

over 50 sworn witnesses in 28,000 pages of documents. since day one he has deflected blame and basically, made excuses. take a look. >> nobody that can read will bring any charges against me. i plead guilty of not being sensitive. these wild allegations -- just because a reporter in "the new york times" has a problem with me -- there has to be a penalty for grabbing the wrong stationary. >> unfair and inaccurate reports in the press. every time i thought i was getting through it they started talking spanish. in the minds of some reporters looking for a pulitzer prize out of this. i've never been able to explain my position. >> now with his ethic's trial under way there's a new excuse. mr. rangel says he doesn't have a lawyer and he has already spent roughly $2 million on campaign funds on a high-priced legal team and when they suggested it might cost another million he says he couldn't pay it and he said they quit.

today he says he needs for time. >> i'm asking for time to get council. i have lawyers from washington, d.c. and new york that are willing to give me free council to be able to come here because they don't think i've been treated fairly. and, yet, they say that if they do that, it's a gift and violates all of the laws. >> he's right about that. it would be a vice of ethic's rules for him this to accept free legal advice but he's had plenty of time to begin a legal defense fund. mr. rangel insisted today he's being denied due process. >> i'm being denied the right to have a lawyer right now because i don't have the opportunity to have a legal defense fund set up. and because i can't afford another million dollars -- >> you may hire whoever you wish as a lawyer. that is up to you. >> so listen to what mr. rangel said. he said he didn't have the opportunity to have a legal defense fund set up. that's not true. mr. rangel has had plenty of

time and opportunity to set up a legal defense fund. how come he hadn't? he said he recently found us it was an option implying he didn't know he could start a legal defense fund before that. "keeping them honest," that's hard to believe. it's not like he's never heard of the idea. we all know a politicians who have set up legal defense funds. mr. rangel, himself, has known plenty of politicians with legal defense funds. bill clinton, sarah palin, and even congresswoman max seen waters has one. she's facing an ethic's trial this month, too, and she just started her defense fund labor day. hard to believe that no one on mr. rangel's crack or political legal team ever suggest add legal defense fund be created over the last two years. hard to believe mr. rangel never thought about it in the entire two years he was being investigated. that wasn't his only excuse. he says the agenda at the hear with a hearing he's known about for weeks, came as a big surprise. that came as a big surprise to the prosecutor saying mr. rangel

had been kept in the loop every step of the way and changes has been made to accommodate some of his objections. >> throughout the course of preparation and in recent days we've entered into -- witnesses have offered affidavits. the respondent was given notice and provided copies and in at least one of these instances, suggested changes to the language which we negotiated and which we agreed to. >> that guy is a blake chism. here's his exit. congressman rangel. while leave k his own trial, watch this, he makes sure to give committee members handshakes. trial went on today without him. one more thing. mr. rangel insisted he didn't have a lawyer, right? take a look at this. as he walked out of today's hearings, he was with a man, the guy we circled named abe lowell, who -- abbi lowell, he happens

to be a high-profile washington attorney and he sat behind congressman rangel in the first row and left when he left. he's the kind of attorney used to defending politicians under investigation. he's represented many. we got in touch with rangel's office and say he's a longtime friend and supporter of the congressman and congress m hman rangel continues to remain without council. he was just there as a friend. melanie sloan is here. she joins us along with roland martin and we have eric erikkson. melanie i mentioned mr. lowell was with him but not formally representing him. you say the congressman could be committing an ethic's vice during his trial. how so? >> if in lowell was representing him, let's just understand this. is mr. lowell -- are mr. rangel, are they saying that abbie lowell happened to walk by the ethic ice committee room and happened to walk in when mr.

rangel was having his hearing and happened to sit in a reserved seat and walk out with the congressman and guide reporters? that seems unlikely. it does seem like he was, in fact, giving advice. >> can he be there as a friend? >> certainly. but given mr. lowell's well-known position as a plom nent legal defense fund who handles these kinds of matters that doesn't seem likely in these circumstances. >> does this pass the smell test for him to claim he didn't know he could set up a legal defense fund? >> i don't understand why that wasn't set up. but recognize, he was paying for his defense out of a campaign fund. had a significant war chest, obviously, that came down. now, what really jumps out is the fact that the legal team withdrew from the case. it was not clear, based upon today's evidence, that they actually left rangel's camp. the law firm, a washington, d.c.

law firm later released their own statement by saying it was not their choice. so, you know, again, that's being -- we're trying to figure out what's going on. i think that's something that's critical to understand. why did the legal team, that he's already paid $2 million, not follow through and be the attorneys of record and withdrew from the case? >> it does seem questionable that his lawyers w0u8d say -- well, you paid us $2 million. we think this thing may cost ooze $1 million which is what rangel is claiming he was told -- and therefore we're going to quit. do you buy this? >> no. in fact, in cases like that lawyers can't quit. i've been in situations like that when i was practicing law. you can't just up and quit. you got to tell the judge and the house ethic's committee in this instance, saying -- >> no. that's actually not true. >> not true, anderson. >> that's not accurate. that would be eric's right in the case of a trial.

lawyers would never be permitted to withdraw from representation shortly before trial but the house ethic's committee you don't have the same right to council that you do in front of the ethic's committee and they could withdraw and my understanding is there is a dispute about money and it was a problem that they withdrew right before the trial but that said, it's also a problem that mr. rangel is not permitted to have pro bono lawyers. but when mr. rangel got up and asserted he was councilless and this was unfair and he wasn't prepared, that really wasn't true. he knew what was coming. he's known for two years. he had ample time to reach a plea deal with the committee a year and a half ago. >> it seems to me, eric, if you've got a huge legal team which you're paying, a top flight legal team. you're paying them -- if charlie is rekt, he paid them $2 million over two years you get a sense your funds are running low,

charlie rangel knows he can start a legal defense fund. it's the most common thing. everyone knows you can do that. >> maybe that's why abbie lowell was there today to let him know. it's insane if he paid this amount of money i had's good to know lawyers drop him but he should have known that as well given his background. i would be hard-pressed to imagine that a lawyer in a situation like that would not explain that he could set up a legal defense fund. the whole thing -- >> is there a political reason he might want to just run the clock out? do you think he's just trying to buy time? >> i think he's probably trying to buy time and there's a report that came out a few minutes ago that he thinks he wants to be the ranking member on the ways and means committee and maybe he wants to put it off further so he can vie for that. the whole thing is becoming an embarrassment. >> i think today what also happened -- >> here's it, anderson. the committee is already concluded, frankly, so they've gone into their secret deliberations as it relates to

this. that's first. second of all, you have the staff attorney, who has said and been quoted, i read the story on politico, he was quoted, he does not that corruption is evident. he also said that it is not clear that the congressman personally benefits financially from this. so the question then becomes, what is going to be the ruling of this committee? it's not like ted stevens where there's a federal trial of corruption. >> melanie, to rowland's point, if you have rent-controlled apartments that are supposed to go to people out means in new york city and you have three of them under your name or your son's name, whether that's directly financially -- you're doing it because you want to use the apartments for whatever purposes, that seems corrupt to me. why is everyone jumps through hoops saying this isn't corruption, just sloppy record-keeping? if you're using rent-controlled apartments not for the intent

that they're supposed to be that seems kind of sleazy. >> well, the prosecutor said he wasn't sure whether mr. rangel had a personal financial benefit. he said he wouldn't call it corruption but there might be a personal financial benefit. what is compelling here and what's abundantly clear is that mr. rangel committed all these violations and what the committee did do today is come back and say, all of the facts out there, they're correct. we know that mr. rangel did commit all of these violations. he committed all of the acts alleged. now the only question left for the committee is whether those acts that have been alleged, do they violate house rules and federal law? and it's my bet that quite promptly they'll come back and find yes, indeed, they do violate rules and law. the next question will be, what kind of penalty will there be. >> the committee has to rule versus convicting him already. you have the staff report presented. and them laying that out. now the deliberations are taking place. that's when we'll find out. it's not like he's guilty of

this. it's based upon their ruling. >> this stunt isn't going to help them with the committee. it's going to put them between a rock and hard place. they don't want to look like they folded because of his stunts. >> i thank you all, appreciate it. still ahead, the irs often has information that could help locate kids who have been abducted by a parent orelive. why won't it cooperate with desperate families and investigators? "keeping them honest." and a convict serving a long prison term for killing a teenager on a bike is suing the victim's parents. we'll tell you why. shipping's a hassle. i'll go to the mall. hey. hi. you know, holiday shipping's easy with priority mail flat rate boxes from the postal service. if it fits, it ships anywhere in the country for a low flat rate. yea, i know. oh, you're good. good luck! priority mail flat rate shipping starts at just $4.90 only from the postal service. a simpler way to ship.

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following a number of other stories. here's our "360 bulletin." in haiti, protesters angry with the government's response to the cholera epidemic rioted in two northern towns more than 900 people have died and nearly 15,000 have been hospital leads with the illness. in new delhi, india, the search is on for people who may be trapped in the rubble of a five-story residential building that collapsed today. at least 32 people were killed and about 40 others were injured. gay rights activists protested the military's "dont ask don't tell" policy today by handcuffing themselves to the

white house fence. they want president obama to do more to end the ban on gay troops serving openly. the protesters were all arrested led by former army lieutenant dan choy who was forced out by the rule. and a connecticut man in prison for killing a seventh grader on a bike is suing his victim's parents for negligence. david weaving was convicted of manslaughter after he struck and killed matthew kenny with his car in 2007. he told the associated press he endured years of pain and suffering and said kenny's parents are to blame because they let him ride his bike without a helmet. i think that's just unbelievable. >> incredible. joe, i don't know if you've seen tonight's shot. take a look at this. this will make you smile after that. this is a cat, the video is all over the internet, staring down and lunging after an alligator who then backed off. the alligator went back to the water and gets a friend and comes backs and the cat smacks

down the second alligator as well. >> unbelievable! what was the line? no scaredy cat here? what's incredible is the second alligator coming? >> i like that. later we'll tell you about the latest fascinating cutting-edge research on animal intelligence. we all know dolphins are smart. now scientists are learning about what they think and what they understand. these dolphins are looking at themselves in a two-way mirror. most animals wouldn't recognize themselves in the mirror but dolphins do and they spend a long time checking themselves out and opening up their mouths. we'll tell you the latest research. and why the irs often has information that could track down missing kids but are not releasing the information to investigators. we're "keeping them honest." we'll talk to marc klauss whose daughter, polly, was abducted and murdered. box. and inside that box is their financial life. people wake up and realize i better start doing something.

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joe the justice departments reports that every year in america more than 200,000 kids are abducted by a family member, very often a parent. turns out the government could

have information but it doesn't share the information about the child with the families or investigators. if "new york times" sas parents or those that abduct a child will file a tax return. because of strict privacy laws the irs is barred from releasing the information. it's like the story of susan low of -- susan lough of new york whose estranged husband took off with her 9-year-old son. she spent three years looking for the boy when she found out her ex-husband claimed him as a exception. when she asked the irs for the address, they refused. the irs told us that the agency is sympathetic to the plight of abducted kids and they said, quote, we do everything we can under the law to assist in these investigations. when the law enforcement obtains federal court orders the irs provides the information as allowed under the law but there are circumstances where the irs has no discretion to break taxpayer law. is the government, in effect, protecting abductors?

and what can be done. we're "keeping them honest." marc klauss, founder of "klaas kids foundation." and ernie allen, in the national center of missing and exploited children. it's important to up hold laws but you would think basic common sense would prevail when a child has been abducted, wouldn't you? >> you would think so. this is very obvious. these are fugitives from justice. there are felony warrants for their. >> reporter:. they have children in their possession listing them on their tax returns and yet, law enforcement can't get access to that information. it's wrong and it needs to be fixed. >> marc, you said the irs protecting criminals that harbor kids is similar to the catholic church hiding pedophile priests. do you see the irs as complicit in the crime? >> well, you know, in both of these instances we're talking about a large institutions that control luge amounts of wealth and the determination has been made to protect the wealth and

to protect criminals over the rights of children. so, yes, absolutely. something needs to be done. the law needs to be changed so that the irs will comply and assist with recovery of these kids. >> this was started, marc, my understanding, these taxpayer privacy laws, so -- because you didn't want a watergate style thing where the government was able to investigate people that they didn't like. they didn't want the government to have an enmiss' list and people be able to check the tax regard you can understand that being a reasonable position. >> oh, absolutely, it's a reasonable position. but exemptions are made for child support. people being considered for federal salary-based benefits. and in federal casings where children have gone missing those cases that are being investigated by federal agencies, so it seems a very simple and logical step to extend that to all missing child cases. anderson, we're talking about a situation whereas many as

200,000 children are kidnapped every year by noncustodial parents and according to a treasury department study, as many as one-third of those missing cases are filing -- absconding parents are filing tax returns. it seems to me they could recover tens of thousands of children annually and why they're not is beyond me. >> ernie, the irs told us that they have a thing called "the picture of them home program" with photos of missing kids with forms mailed to taxpayer ps they said that has helped to recover more than 80 kids but that doesn't impress you in terms of this aspect? >> it doesn't. we're grateful they are posting the missing child photos in their publications and we think this is a problem, frankly, that congress needs to fix, not the irs. >> so congress needs to pass a law on exceptions? >> there are exemptions in the privacy act for certain things. child support, for example. there needs to be a missing

child. a child abduction exemption written into the law. >> is there anybody proposing that at this point marc? is anyone working on that? >> you know, the first i've heard about this was last night when your producer notified me about this whole issue and about this story in "the new york times." i would be more than willing to reach out to lawmakers to see if there's anybody that would help write and carry the legislation and then, in those brief moments that i'm in washington i would spend my spare time going to various offices, lobbying on behalf of the legislation. certainly, ernie and his group, they are in the much better position to be forcefully advocating on behalf of this issue than i am. >> ernie have you heard of anyone advocating for this? >> anderson, there are. i think "the new york times" article struck a chord. people in congress thought this just defies common sense. we've heard from the chairman of the senate judiciary economy, senator leahy and we've heard from other members of congress

who want to fix this. i think there's momentum to do it. you're shining a light on this problem i think will move that along as well. >> we'll continue to follow it. on the face of it it doesn't make sense, particularly when you point out there are other exemptions that have been made. this seems to be one that's so obvious. we'll continue to follow it. ernie and marc, thanks for being on. dramatic development for the search for an ohio family missing since thursday. and our new segment "the ridiculous list." tonight's case, one of the most kind of surprising flip-flops we've seen in a while. see who's made the list. and first, our look at animal intelligence. dolphins and what they see when they look in the mirror.

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tonight we're starting with our series of amazing animals. it's been a fascinating assignment but what we found may change the way you think of animals and their lives. scientists are proving that some animals are capable of many things that we thought was human. abstract thinking, even a sense of self and time. what they've learned may help explain how human intelligence

has evolved. dolphins, big grain brains and incredibly complex. randi kaye shows us why some believe they are the most incredible. >> reporter: spend a day with a dolphin and you're quickly reminded of why they've always captured our imaginations. playful, soeshable and incredibly fun to be around. but scientists say there's a lot more to these animals. and they're just beginning to understand the intricate thinking of the so-called "big-brained mammals." here you go -- good girl! we came here to the baltimore aquarium to see how intelligent dolphins are. you see them playing with their trainers all the time but scientists who study them say there's a lot more happening there athan just play. their intelligence actually rivals ours. here you go -- to see up close what has scientists so excited,

we climbed down into a tiny underwater lab, with a window into the aquarium. where scientist, diana reeve, puts up a two-way mirror. the dolphins can't see us but she can study how they react to the mirror. >> we used to think we were the only species on the planet that can think and now we know we're among many thinks species. so the questions aren't can they think -- but how do they think? in this capacity with giving them mirrors it looks like they're doing a lot of things similar to us. >> reporter: she's been studying dolphins' behavior for 25 years. >> most animals don't pay attention to mirrors. most dogs won't even look in a mirror. cats don't pay much attention. other animals do pay attention but never figure out it's themselves. they think it's another of their own kind. but dolphins do figure it out. not only do they figure out it's them, they show interest, to

look at themselves. so one thing is to understand it's themselves. it's a whole other thing to say -- i want to see what may face looks like or what it looks like when i turn upside down. >> reporter: we saw in awe as this group of dolphins explored themselves before us, unable to ignore the mirror. several did hang upside down. >> he's upside down. things are going to get wild now. he's being very innovative. watch this. >> reporter: other dolphins opened their mouths and stuck their tongue out. they put their eye on the mirror to get an even closer look. not convinced a dolphin can recognize itself in the mirror? look at this video from an earlier experiment in 2001. scientists marked this dolphin on the side with a black pen. but did not mark the other. when released, the dolphin with the mark swims directly to the mirror and turns the mark towards the mirror, line he's trying to take a look at what's been done to him.

the unmarked dolphin doesn't show the same behavior. dolphins aren't the only big-brained mammals that recognize themselves. elephants do, too. what happened when we tested them at the bronx zoo. this one with the white x on his face turns towards the mirror over and over to take a look. back at the baltimore aquarium, reese is focusing her research on younger dolphins. >> bo is 5. >> just like human children, younger dolphins make lots of movements and watch their reflection. they quickly learn they are watching themselves. >> what are you trying to figure out with the younger dolphins? >> at what developmental age do they start figuring out that it's them in the mirror? when are they showing interest in the mirror? >> reporter: foster who is 3 with started recognizing himself in the mirror about the same time toddlers do when he was about a year and a half. reese says some dolphins pick up on it at just six months, much

earlier than children. >> she's testing us. she's figuring this out. we recognize this, it's so similar to what chimps do. they go through the same stages. these are animals that have been separated us for 95 million years of evolution. big brains, processing things in similar ways. >> reporter: with a mirror providing a window into the dolphins' minds, reese believes she is discovering that their super high levels of intelligence are in many ways much like our own. that's true, the question is -- what does that tell us? >> in the end, what this tells us is we need to look at these animals in a new light with more respect and provide more protection in terms of conservation efforts and welfare efforts. >> reporter: and also appreciate that we're not at the top anymore. we're not alone. we're surrounded by other

intelligent species. >> reporter: so smooth. wow! beautiful! remember the old saying it it always seems like dolphins are smiling at you?" well, maybe they are. randi kaye, cnn, baltimore. >> i think that's so amazing watching them look at themselves in the mirror and seeing them recognize themselves. >> tomorrow we look at lemieuxs. they don't like to gamble. and tonight, a new segment we're called the redicu-list. tonight, the well-known wife of a well-known politician makes the list. we'll tell you who it is and why they're on tonight's list. and sarah palin created a new world a while ago so folks poked fun at her. guess who's laughing now? the new oxford dictionary added it it to the dictionary. you remember the word? we'll tell you in a moment. mmmm.

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we start off a new segment tonight and like what we do a lot on the program is about accountability, exposing hypocrisy or things that are downright ridiculous and tonight, cindy mccain joins if list. nothing against her personally but she made a brazen flip-flop. last week she appeared in an online video called "no hate" making a not so subtle dig at the military's don't ask don't tell policy. >> our political and religious leaders tell youth they have no future. they can't our country openly. our government treats the lbgt community like second-class citizens. >> so much was made of the fact that she took a very public stance which was the polar of opposite of her husbands.

john mccain is trying to prevent the repeal of "dont ask don't tell." but 48 hours she sent out this tweet. i fully support the "no hate campaign" and all it stand for and am proud to be part of it but i stand by my husband on "dont ask don't tell." what happened between the videotaping and the tweet? we have no idea but it can't be too pretty. she can believe anything she wants but holding two completely contradictory opinions at the same time doesn't make any sense. poll tigs get made fun of something for being for something before they were against it. mrs. mccain was for it and against it at the same time. that's kind of ridiculous. that's why she's on our list. joe jones for our bulletin. what you got? >> that's stunning. i guess she's not the maverick we thought she was. all right, discount designer retailer loehman's can be incorporated filed for

bankruptcy. they operate 45 stores across the country will stay opened while restructuring their debt. and the search continues for an ohio mother, her 10-year-old boy and a family friend, all missing since thursday. the boy's sister, a 13-year-old sarah maynard found bound and gagged in a home 50 miles northeast of columbus. matthew hoffman who lived in the house was arrested for kidnapping. additional charges are expected. closing arguments begin tomorrow in the chandra levy murder trial. juror also have two fewer counts to consider. one defendant won't face charges of attempted kidnapping and attempted robbery because the statute of limb expectations has expired. he still faces first-degree murder charges. and sarah palin took a lot of flack for coining the word "refudiate." and the new oxford american dpix shun their has chosen

"refudiate" as their 2010 word of the year and it will be entered as an actual word which makes me wonder when they're going to put in strategicry. and tsa, are they going or the far? are they truthful about security measures? we're "keeping them honest."

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standing up to patdowns and other intrusive airport measures. one man's patdown tape sparked the rage when he warned a tsa worker, quote, if you touch my junk i'll have you arrested. is charlie rangel for real

or is this the latest in a long line of excuses? and are animals smarter than you think? we begin a week-long series with the latest research on animal intelligence. tonight, an underwater lab gives scientists a glimpse into the minds of dolphins. it's been discovered that dolphins actually recognize themselves in a mirror, some as young as 6 months. earlier than human toddlers. the video is amazing. we begin as always, "keeping them honest." tonight, airport security and your rights. has the government gone too far? become too intrusive at airport security checkpoints? there's a lot of a anger of the x-ray scan machines being used in airports. over the weekend, a passenger in san diego refused to go through one of the machines and that led to a confrontation with a tsa employee that he recorded on his cell phone camera. listen. >> you better be doing the standard pat down on you today. using my hands going like this. >> all right. >> also, we're going to be doing a groin check.

i'll place my hand on your hip and other thigh and slowly go up. >> okay. >> two times in the front and two times in the back. >> all right. >> and if you'd like a private screening we can make that available for you also. >> we can do it out here but if you touch my junk i'm going to have you arrested. >> actually, we're going to have a supervisor because of your statement, okay? >> you have a couple choices. someone is going to pat you down and they will be raising their hand up your inner thigh until they reach the bottom of your torso. if you're not comfortable we can escort you back out and you don't have to fly today. >> i don't understand how a sexual assault can be made a condition of my flying. >> this is not considered a sexual assault. >> it would be if you were not the government. >> this is considering an administrative search and we're authorized to do it. you submitted yourself to it by coming through the checkpoints. >> that was john tyner on saturday. that video has gone viral with more than 300,000 hits on youtube. mr. tyner said he checked the tsa website before he went to

the airport so see if he would have to go through the x-ray machine and san diego airport was not listed. we checked and san diego was not on the list. but mysteriously it was added to the list later this afternoon along with many other airports. the tsa website says there are 385 x-ray machines at 68 airports nationwide. at those airports there are signs like this that tel passengers the x-ray scanners are optional for everyone, and, quote, if you choose not to be screened you will receive a thorough patdown. just how thorough? a lot more personal than they used to be as you just heard. "keeping them honest," no information about that on the tsa website and no details on what happens if you refuse to go through the x-ray machine and a patdown. mr. tyner who recorded the video believes both are an invasion of privacy and he says the government doesn't have any business seeing him naked as a condition of traveling about the country. here's what the tsa director in san diego said this afternoon. >> tsa is committed to

protecting the privacy of our passengers and our customers. we have a process in place that ensures that the officer who observes the display never sees the passenger. and that the officer who is talking to the passenger, may be doing the patdown, never sees the image on the display. so -- and as you've already known and we've shared with the media, that image is not retained at all. as soon as the image is cleared, it's deleted from the system. >> homeland security secretary janet nepolitano spread that message in an article today and she wrote and i quote, the imaging technology we use cannot store, export, print or transmit images. keeping her honest, that's not 100% true. we found the procurement specifications for the whole body imagery devices it says -- when not being used for normal screening operations the capability to capture images for nonpassengers for training and evaluation purpose is needed.

in test mode, the whole body imageers shall allow exporting i imagine data in realtime and provide a secure means of transfer of image data and shall allow the export raw and reconstruct it. we found a letter from the u.s. marshal service admitting it stored more than 35,000 images of people scanned by their wave technology machine at a federal courthouse in florida. same technology is used at several airports. all this shows the images can be saved on the machines and they often are. we should point out these procurement documents and details from the u.s. marshal's was obtained by the electronic privacy information center, who are suing the government over the screening procedures and that's how the documents became public. what are your rights? senior legal analyst, jeffrey toobin. and eric erikkson, retired lawyer. you think this is governmental

overreach? >> i think so. i suspect if this went to court you'd probably have a number of judges saying -- yes, they can do it. but even if they can under the constitution doesn't necessarily mean they should. plenty of other countries have worse threats like israel that don't go through something like this. the more i've read about these machines, my wife's family has a ridiculously high rate of cancer. i don't want to subject my children to a radioactive scanner much less an molestation by a tsa person. >> i flew this weekend and everybody was nice but it felt incredibly intrusive. i had a patdown because i left my wallet in my pants and it's pretty rigorous. >> it is but remember, detroit, christmas day. the al qaeda bomber had a bomb in his underwear. this is not a frivolous concern by tsa. and the law, at least so far, is very clear that you have a choice. you go through the scanner. you go through the patdown or you don't fly, period.

>> you basically give up your rights when you buy that ticket? >> and -- even more than that, because if you go to a screener and you decide, the heck with it, i'm not flying, you still have to go through the patdown. they've said we don't want would-be terrorists shopping around from security checkpoint to security checkpoint so see which works and which doesn't. if you start the process, you have to get searched even if you -- >> once you enter the line? >> once you enter the line you have to do it. >> but anderson there's a point that jeffrey raises. the guy that wore the explosive underwear on the plane to detroit, the bombs that were on u.p.s. and fedex, they all originated outside of the country. to my knowledge, they've yet to see anyone try to go through american security as is doing this. >> well, that's true. but the technology on the part of terrorists is obviously there. and all i'm saying is that the courts look at reasonableness. look at real risk.

i think the fact that we've had the shoe bomber and the underwear bomber, that's a pretty -- >> john tyner who resisted this suggested that if anybody other than the government was doing it this would be sexual assault. is that -- >> i'm not sure that's accurate. but so what? it is a reasonable intrusion at an airport. you don't have to fly if you don't want to. and i think that's really just -- >> but interesting, eric, when you fly overseas -- i've been in airports in england where they don't make you check your shoes. they don't make you take your computer out of your bag. it seems like the procedures which we have here are not the same procedures which are being followed elsewhere. so there's no one standard code of conduct. >> i'm not sure it's reasonable. when you look at other places and what can be done. take israel who is a greater security threats than us and their security at airports maybe isn't as scaleable but it's based on behavior. we have, in essence, in this

country dumbed-down airport security so that it's entirely physical. let's not forget, people do have body cavities where if someone wants to blow up a plane they could insert a bomb and you can't detect it through a machine or a patdown. and we're ignoring their behavior by and large by dumbing down security in this country. >> it is true, i think, that there is some point where courts would step in and say, if they made everybody strip naked and walk through these machines that would not be allowed. the point between where we are now and that point, i don't know where the point so -- >> do you think this can be legally challenged? >> yes. it will certainly be legally challenged but i think it will lose. it's more of a political check than a legal check. if people really start to get outraged and they start going to their representatives in congress and saying -- stop this. that's when you'll see the process change. as far as i'm aware there's not any groundswell of opposition to this. i think people don't like the process but they recognize it's

necessary in today's world. it's only if people rebel that it will stop. it won't come through the courts. >> i'm surprised, really, that the homeland security secretary has come out with her statement that the administration and members of congress haven't yet done this, maybe having a speaker of the house that will start flying civilian will help in this regard. it seems like many politicians are detached from this and frankly, i don't think the majority of the public gets it because when you look at the percentage of people that fly it's not the majority. but of those that fly, particularly those with small kids, it's a growing problem. until people really start pitching a fit about this nothing is going to change. >> until you've actually had it done to you it's hard to visualize. as i said, this weekend was the first time -- >> it's different from the way things used to be and it's startling but are courts going to step in? i don't think there's much of a chance.

>> the pictures on youtube of the nuns and the children getting searched they are starting to resonate. like the youtube videos coming up ambushing the politicians. tsa didn't really expect this and they don't know what they're in for from the camera-wielding public. >> join the live chat at ac360.com. up next, one of the most powerful democratic congressmen walks out of his own ethic's trial. >> with all due respect, since i don't have council to advise me, i'm going to have to excuse myself. >> he said he didn't have a lawyer and can't afford one anymore. that's congressman charlie rangel. "keeping them honest" his gripe over having a legal defense fund fair? didn't he know he could created a legal defense fund? does he truly not have an attorney? some are questioning that, we're "keeping them honest." are animals smarter than you think? we have a week-long series on animal intelligence. new insight into the minds of dolphins. why a lot of scientists consider them geniuses among mammals. wait until you see what happens

when you put a mirror in front of a dolphin. fascinating! [ male announcer ] a little bit of this,

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this one from capitol hill involving one of the most powerful democratic congressmen who walked out of his own ethic's trial accused of 13 ethic's violations as you probably know layed out in 108 pages released in july by the house committee on standards of official conduct investigative subcommittee including failing to pay taxes in his home in the dominican republic. misuse of a harlem rent control apartment as a political office. and improper use of government political laterhead. this involved the testimony of over 50 sworn witnesses in 28,000 pages of documents. since day one he has deflected blame and basically, made excuses. take a look. >> nobody that can read will bring any charges against me. i plead guilty of not being sensitive. these wild allegations -- just because a reporter in "the new york times" has a problem with me -- there has to be a penalty for grabbing the wrong stationary. >> unfair and inaccurate reports

in the press. every time i thought i was getting through it they started talking spanish. in the minds of some reporters looking for a pulitzer prize out of this. i've never been able to explain my position. >> now with his ethic's trial under way there's a new excuse. mr. rangel says he doesn't have a lawyer and he has already spent roughly $2 million on campaign funds on a high-priced legal team and when they suggested it might cost another million he says he couldn't pay it and he said they quit. that was more than a month ago. today he says he needs for time. >> i'm asking for time to get council. i have lawyers from washington, d.c. and new york that are willing to give me free council to be able to come here because they don't think i've been treated fairly. and, yet, they say that if they do that, it's a gift and violates all of the laws. >> he's right about that. it would be a violation of

ethic's rules for him to accept free legal advice but he's had plenty of time to begin a legal defense fund. mr. rangel insisted today he's being denied due process. >> i'm being denied the right to have a lawyer right now because i don't have the opportunity to have a legal defense fund set up. and because i can't afford another million dollars -- >> you may hire whoever you wish as a lawyer. that is up to you. >> so listen to what mr. rangel said. he said he didn't have the opportunity to have a legal defense fund set up. that's not true. mr. rangel has had plenty of time and opportunity to set up a legal defense fund. how come he hadn't? he said he recently found us it was an option implying he didn't know he could start a legal defense fund before that. "keeping them honest," that's hard to believe. it's not like he's never heard of the idea. we all know a politicians who have set up legal defense funds. mr. rangel, himself, has known plenty of politicians with legal defense funds. bill clinton, sarah palin, and

even congresswoman maxine waters has one. she's facing an ethic's trial this month, too, and she just started her defense fund labor day. hard to believe that no one on mr. rangel's crack or political legal team ever suggested a legal defense fund be created over the last two years. hard to believe mr. rangel never thought about it in the entire two years he was being investigated. that wasn't his only excuse. he says the agenda at the hear with a hearing he's known about for weeks, came as a big surprise. that came as a big surprise to the prosecutor saying mr. rangel had been kept in the loop every step of the way and changes has been made to accommodate some of his objections. >> throughout the course of preparation and in recent days we've entered into -- witnesses have offered affidavits. the respondent was given notice and provided copies and in at least one of these instances, suggested changes to the language which we negotiated and which we agreed to. >> that guy is a blake chism.

before we shared that, kochkman rangel had already exited the courtroom. here's his exit. congressman rangel. while leaving his own trial. watch this, he makes sure to give committee members handshakes. trial went on today without him. one more thing. mr. rangel insisted he didn't have a lawyer, right? take a look at this. as he walked out of today's hearings, he was with a man, the guy we circled named abe lowell, who -- abbi lowell, he happens to be a high-profile washington attorney and he sat behind congressman rangel in the first row and left when he left. he's the kind of attorney used to defending politicians under investigation. he's represented many. we got in touch with rangel's office and say he's a longtime friend and supporter of the congressman and congressman

rangel continues to remain without council. he was just there as a friend. melanie sloan is here. she joins us along with roland martin and we have eric erikkson. melanie i mentioned mr. lowell was with him but not formally representing him. you say the congressman could be committing an ethic's vice during his trial. how so? >> if in lowell was representing him, let's just understand this. is mr. lowell -- are mr. rangel, are they saying that abbie lowell happened to walk by the ethic ice committee room and happened to walk in when mr. rangel was having his hearing and happened to sit in a reserved seat and walk out with the congressman and guide reporters? that seems unlikely. it does seem like he was, in fact, giving advice. >> can he be there as a friend? >> certainly. but given mr. lowell's

well-known legal defense fund who handles these kinds of matters, that doesn't seem likely in these circumstances. >> does this pass the smell test for him to claim he didn't know he could set up a legal defense fund? >> i don't understand why that wasn't set up. but recognize, he was paying for his defense out of a campaign fund. had a significant war chest, obviously, that came down. now, what really jumps out is the fact that the legal team withdrew from the case. it was not clear, based upon today's evidence, that they actually left rangel's camp. the law firm, a washington, d.c. law firm later released their own statement by saying it was not their choice. so, you know, again, that's being -- we're trying to figure out what's going on. i think that's something that's critical to understand. why did the legal team, that he's already paid $2 million, not follow through and be the attorneys of record and withdrew from the case? >> it does seem questionable

that his lawyers would say -- well, you paid us $2 million. we think this thing may cost $2 million which is what rangel is claiming he was told -- and therefore we're going to quit. do you buy this? >> no. in fact, in cases like that lawyers can't quit. i've been in situations like that when i was practicing law. you can't just up and quit. you got to tell the judge and the house ethic's committee in this instance, saying -- >> no. that's actually not true. >> not true, anderson. >> that's not accurate. that would be eric's right in the case of a trial. lawyers would never be permitted to withdraw from representation shortly before trial but the house ethic's committee you don't have the same right to council that you do in front of the ethic's committee and they could withdraw and my understanding is there is a dispute about money and it was a problem that they withdrew right before the trial but that said, it's also a problem that mr. rangel is not permitted to have pro bono lawyers. but when mr. rangel got up and

asserted he was council-less and this was unfair and he wasn't prepared, that really wasn't true. he knew what was coming. he's known for two years. he had ample time to reach a plea deal with the committee a year and a half ago. >> it seems to me, eric, if you've got a huge legal team which you're paying, a top flight legal team. you're paying them -- if charlie is correct, he paid them $2 million over two years, you get a sense your funds are running low. charlie rangel knows he can start a legal defense fund. it's the most common thing. everyone knows you can do that. >> maybe that's why abbie lowell was there today to let him know. it's insane if he paid this amount of money i had's good to know lawyers drop him but he

should have known that as well given his background. i would be hard-pressed to imagine that a lawyer in a situation like that would not explain that he could set up a legal defense fund. the whole thing -- >> is there a political reason he might want to just run the clock out? do you think he's just trying to buy time? >> i think he's probably trying to buy time and there's a report that came out a few minutes ago that he thinks he wants to be the ranking member on the ways and means committee and maybe he wants to put it off further so he can vie for that. the whole thing is becoming an embarrassment. >> i think today what also happened -- >> here's it, anderson. the committee is already concluded, frankly, so they've gone into their secret deliberations as it relates to this. that's first. second of all, you have the

staff attorney, who has said and been quoted, i read the story on politico, he was quoted, he does not that corruption is evident. he also said that it is not clear that the congressman personally benefits financially from this. so the question then becomes, what is going to be the ruling of this committee? it's not like ted stevens where there's a federal trial of corruption. >> melanie, to roland's point, if you have rent-controlled apartments that are supposed to go to people without means in new york city and you have three of them under your name or your son's name, whether that's directly financially -- you're doing it because you want to use the apartments for whatever purposes, that seems corrupt to me. why is everyone jumping through hoops saying this isn't corruption, just sloppy record-keeping? if you're using rent-controlled apartments not for the intent that they're supposed to be that seems kind of sleazy. >> well, the prosecutor said he wasn't sure whether mr. rangel had a personal financial benefit. he said he wouldn't call it corruption but there might be a personal financial benefit. what is compelling here and what's abundantly clear is that mr. rangel committed all these violations and what the committee did do today is come

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teenager on a bike is suing the victim's parents. following a number of other stories. here's our "360 bulletin." in haiti, protesters angry with the government's response to the cholera epidemic rioted in two northern towns more than 900 people have died and nearly saw 15 h 15,000 have been hospitalized with the illness. in new delhi, india, the search is on for people who may be trapped in the rubble of a five-story residential building that collapsed today. at least 32 people were killed and about 40 others were injured. gay rights activists protested the military's "dont ask don't tell" policy today by handcuffing themselves to the white house fence. they want president obama to do more to end the ban on gay troops serving openly. the protesters were all arrested led by former army lieutenant dan choy who was forced out by the rule. and a connecticut man in

prison for killing a seventh grader on a bike is suing his victim's parents for negligence. david weaving was convicted of manslaughter after he struck and killed matthew kenny with his car in 2007. he told the associated press he endured years of pain and suffering and said kenny's parents are to blame because they let him ride his bike without a helmet. i think that's just unbelievable. >> incredible. joe, i don't know if you've seen tonight's shot. take a look at this. this will make you smile after that. this is a cat, the video is all over the internet, staring down and lunging after an alligator who then backed off. the alligator went back to the water and gets a friend and comes backs and the cat smacks down the second alligator as well. >> unbelievable! what was the line? no scaredy cat here? what's incredible is the second alligator coming? >> i like that. later we'll tell you about the latest fascinating cutting-edge research on animal intelligence. we all know dolphins are smart.

now scientists are learning about what they think and what they understand. these dolphins are looking at themselves in a two-way mirror. most animals wouldn't recognize themselves in the mirror but dolphins do and they spend a long time checking themselves out and opening up their mouths. we'll tell you the latest research. and why the irs often has information that could track down missing kids but are not releasing the information to investigators. we're "keeping them honest." we'll talk to marc klauss whose daughter, polly, was abducted and murdered. (voice 1) traffic's off the chart... (voice 2) they're pinging more targets... (voice 3) isolate... prevent damage... (voice 2) got 'em. (voice 3) great exercise guys. let's run it again.

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the justice departments reports that every year in america more than 200,000 kids are abducted by a family member, very often a parent. turns out the government could have information but it doesn't share the information about the child with the families or investigators. "the new york times" reports that parents or those that abduct a child will often file a tax return. because of strict privacy laws the irs is barred from releasing the information. it's like the story of susan low of -- susan lough of new york whose estranged husband took off with her 9-year-old son. she spent three years looking for the boy when she found out her ex-husband claimed him as a

exemption on his tax return. when she asked the irs for the address, they refused. the irs told us that the agency is sympathetic to the plight of abducted kids and they said, quote, we do everything we can under the law to assist in these investigations. when the law enforcement obtains federal court orders the irs provides the information as allowed under federal law but there are circumstances where the irs has no discretion to break taxpayer law. is the government, in effect, protecting abductors? and what can be done. we're "keeping them honest." marc klauss, founder of "klaas kids foundation." his daughter, polly, was abducted and murdered in 1993. and ernie allen, in the national center of missing and exploited children. it's important to uphold laws but you would think basic common sense would prevail when a child has been abducted, wouldn't you? >> you would think so. this is very obvious. these are fugitives from justice.

there are felony warrants for their arrest. >> they have children they are listing on their tax returns and law enforcement can't get access to that information. it's wrong and it needs to be fixed. >> marc, you said the irs protecting criminals that harbor kids is similar to the catholic church hiding pedophile priests. do you see if irs as complicit in the crime? >> well, you know, in both of these instances we're talking about a large institutions that control huge amounts of wealth and the determination has been made to protect the wealth and to protect criminals over the rights of children. so, yes, absolutely. something needs to be done. the law needs to be changed so that the irs will comply and assist with recovery of these kids. >> this was started, marc, my understanding, these taxpayer privacy laws, so -- because you didn't want a watergate style thing where the government was able to investigate people that they didn't like. they didn't want the government

to have enemies' list and people be able to check the tax regard you can understand that being a reasonable position. >> oh, absolutely, it's a reasonable position. but exemptions are made for child support. people being considered for federal salary-based benefits. and in federal casings where children have gone missing those cases that are being investigated by federal agencies, so it seems a very simple and logical step to extend that to all missing child cases. anderson, we're talking about a situation where as many as 200,000 children are kidnapped every year by noncustodial parents and according to a treasury department study, as many as one-third of those missing cases are filing -- absconding parents are filing tax returns. it seems to me they could recover tens of thousands of children annually and why they're not is beyond me. >> ernie, the irs told us that they have a thing called "the picture of them home program" with photos of missing kids with

forms mailed to taxpayers. they said that has helped to recover more than 80 kids. but that doesn't impress you in terms of this aspect? >> it doesn't. we're grateful they are posting the missing child photos in their publications and we think this is a problem, frankly, that congress needs to fix, not the irs. >> so congress needs to pass a law on exceptions? -- exemptions. >> there are exemptions in the privacy act for certain things. child support, for example. there needs to be a missing child. a child abduction exemption written into the law. >> is there anybody proposing that at this point marc? is anyone working on that? >> you know, the first i've heard about this was last night when your producer notified me about this whole issue and about this story in "the new york times." i would be more than willing to reach out to lawmakers to see if there's anybody that would help write and carry the legislation and then, in those brief moments that i'm in washington i would spend my spare time going to

various offices, lobbying on behalf of the legislation. certainly, ernie and his group, they are in the much better position to be forcefully advocating on behalf of this issue than i am. >> ernie have you heard of anyone advocating for this? >> anderson, there are. i think "the new york times" article struck a chord. people in congress thought this just defies common sense. we've heard from the chairman of the senate judiciary economy, senator leahy and we've heard from other members of congress who want to fix this. i think there's momentum to do it. you're shining a light on this problem i think will move that along as well. >> we'll continue to follow it. on the face of it it doesn't make sense, particularly when you point out there are other exemptions that have been made. this seems to be one that's so obvious. we'll continue to follow it. ernie and marc, thanks for being on. dramatic development for the search for an ohio family missing since thursday.

and our new segment "the ridiculous list." tonight's case, one of the most kind of surprising flip-flops we've seen in a while. see who's made the list. and first, our look at animal intelligence. dolphins and what they see when they look in the mirror.

tonight we're starting with our series of amazing animals. smarter than you think. it's been a fascinating assignment but what we found may change the way you think of animals and their lives. scientists are proving that some animals are capable of many things that we thought was human. abstract thinking, even a sense of self and time. what they've learned may help explain how human intelligence has evolved. the second most intelligence species after humans. randi kaye shows us why some believe they are the most incredible. >> reporter: spend a day with a dolphin and you're quickly reminded of why they've always captured our imaginations. playful, sociable, and incredibly fun to be around. but scientists say there's a lot more to these animals. and they're just beginning to understand the intricate thinking of the so-called "big-brained mammals."

here you go -- good girl! we came here to the baltimore aquarium to see how intelligent dolphins are. you see them playing with their trainers all the time but scientists who study them say there's a lot more happening there than just play. their intelligence actually rivals ours. here you go -- to see up close what has scientists so excited, we climbed down into a tiny underwater lab, with a window into the aquarium. where scientist, diana reeve, where scientist, diana reese, puts up a two-way mirror. the dolphins can't see us but she can study how they react to the mirror. >> we used to think we were the only species on the planet that can think and now we know we're among many thinking species. so the questions aren't can they

think -- but how do they think? in this capacity with giving them mirrors it looks like they're doing a lot of things similar to us. >> reporter: she's been studying dolphins' behavior for 25 years. >> most animals don't pay attention to mirrors. most dogs won't even look in a mirror. cats don't pay much attention. other animals do pay attention but never figure out it's themselves. they think it's another of their own kind. but dolphins do figure it out. not only do they figure out it's them, they show interest, to look at themselves. so one thing is to understand it's themselves. it's a whole other thing to say -- i want to see what may face looks like or what it looks like when i turn upside down. >> reporter: we sat in awe as this group of dolphins explored themselves before us, unable to ignore the mirror. several did hang upside down. >> he's upside down. things are going to get wild now. he's being very innovative. watch this. >> reporter: other dolphins opened their mouths and stuck

their tongue out. they put their eye on the mirror to get an even closer look. not convinced a dolphin can recognize itself in the mirror? look at this video from an earlier experiment in 2001. scientists marked this dolphin on the side with a black pen. but did not mark the other. when released, the dolphin with the mark swims directly to the mirror and turns the mark toward the mirror, like he's trying to take a look at what's been done to him. the unmarked dolphin doesn't show the same behavior. dolphins aren't the only big-brained mammals that recognize themselves. elephants do, too. what happened when we tested them at the bronx zoo. this one with the white x on his face turns towards the mirror over and over to take a look. back at the baltimore aquarium, reese is focusing her research on younger dolphins. >> bo is 5. >> just like human children, younger dolphins make lots of movements and watch their

reflection. they quickly learn they are watching themselves. >> what are you trying to figure out with the younger dolphins? >> at what developmental age do they start figuring out that it's them in the mirror? when are they showing interest in the mirror? >> reporter: foster who is 3 schart recognizing himself in the mirror about the same time toddlers do when he was about a year and a half. reese says some dolphins pick up on it at just six months, much earlier than children. >> she's testing us. she's figuring this out. we recognize this, it's so similar to what chimps do. they go through the same stages. these are animals that have been separated us for 95 million years of evolution. big brains, processing things in similar ways. >> reporter: with a mirror providing a window into the dolphins' minds, reese believes she is discovering that their super high levels of

intelligence are in many ways much like our own. if that's true, the question is -- what does that tell us? >> in the end, what this tells us is we need to look at these animals in a new light with more respect and provide more protection in terms of conservation efforts and welfare efforts. >> reporter: and also appreciate that we're not at the top anymore. we're not alone. we're surrounded by other intelligent species. >> reporter: so smooth. wow! beautiful! remember the old saying that it always seems like dolphins are smiling at you?" well, maybe they are. randi kaye, cnn, baltimore. >> i think that's so amazing watching them look at themselves in the mirror and seeing them recognize themselves. >> tomorrow we look at lemieuxs. they don't like to gamble. and tonight, a new segment we're called the redicu-list.

tonight, the well-known wife of a well-known politician makes the list. we'll tell you who it is and why they're on tonight's list. and sarah palin created a new world a while ago so folks poked fun at her. guess who's laughing now? the new oxford dictionary added it it to the dictionary. you remember the word? we'll tell you in a moment. u down? introducing bayer am, an extra strength pain reliever with alertness aid to fight fatigue. so get up and get goin'! with new bayer am. the morning pain reliever.

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we start off a new segment tonight and like what we do a lot on the program is about accountability, exposing hypocrisy or things that are downright ridiculous and tonight, cindy mccain joins if list. nothing against her personally but she made a brazen flip-flop. last week she appeared in an online video called "no hate" making a not so subtle dig at the military's don't ask don't tell policy. listen. >> our political and religious leaders tell lbgt youth they

have no future. they can't our country openly. our government treats the lbgt community like second-class citizens. >> so much was made of the fact that she took a very public stance which was the polar opposite of her husbands. john mccain is trying to prevent the repeal of "dont ask don't tell." but 48 hours she sent out this tweet. i fully support the "no hate campaign" and all it stand for and am proud to be part of it but i stand by my husband on "dont ask don't tell." what happened between the videotaping and the tweet? we have no idea but it can't be too pretty. we don't take political positions on this show so she can believe anything she wants but holding two completely contradictory opinions at the same time doesn't make any sense. politicians get made fun of something for being for something before they were against it. mrs. mccain was for it and against it at the same time. that's kind of ridiculous. that's why she's on our list. joe johns has our bulletin. what you got?

>> that's stunning. i guess she's not the maverick we thought she was. all right, discount designer retailer lowm retailer retailer loehman's can be incorporated filed for bankruptcy. they operate 45 stores across the country will stay opened while restructuring their debt. and the search continues for an ohio mother, her 10-year-old boy and a family friend, all missing since thursday. the boy's sister, a 13-year-old sarah maynard found bound and gagged in a home 50 miles northeast of columbus. matthew hoffman who lived in the house was arrested for kidnapping. additional charges are expected. closing arguments begin tomorrow in the chandra levy murder trial. juror also have two fewer counts to consider. one defendant won't face charges of attempted kidnapping and attempted robbery because the statute of limitations has expired. he still faces first-degree murder charges. and sarah palin took a lot