texas country, check it out. >> all right, guys, thank you very much. we got to get to cnn newsroom with carol costello. i'll see you back here tomorrow morning. stories we're watching right now in the newsroom, high court crisis, the battle between president obama and the supreme court boiling over. this morning a new deadline and new concerns about the future of your health care. tale of the tape, in the case of the death of trayvon martin, we'll listen to the 911 call. deadly clash this is morning as thousands flee to neighboring nations, will peacekeepers be able to make a cease fire happen? kony part two, the wildly popular documentary just out moments ago. dramatic, empowering, worldly, but in this movie, one key element is missing. mohammed ali and the

marlins, why people this morning are still talking about the boxing great's first pitch. cosmo, the magazine known for how to please your man in bed. charges they are putting teens on the cover. your future health care is facing new questions and a new deadline. in just a few hours, government lawyers are due to submit a three-page explanation of exactly what authority the obama administration beliefs the federal courts have. it's an odd request. but more than one federal judge is not happy with what republicans call president obama's bullying of the supreme court over its review of obama care. here's brian todd. >> reporter: a barometer of how high the political stakes are for the president and his opponents on the health care law. a public sparring match between president obama and the courts.

on monday, obama says this about the supreme court's review of health care. >> ultimately i'm confident that the supreme court will not take what would be an unprecedented, extraordinary step of overturning a law that was passed by a strong majority of a democratically elected congress. >> reporter: but it's the supreme court's job to decide what's constitutional, what's not. and a federal appeals court judge takes offense with the president. judge jerry smith of the fifth circuit, a reagan appointees argues with the second part of the health care law. he says surely the president's not questioning the supreme court if they strike down laws that they feel are unconstitutional. >> obama care has a consensus in both houses of congress.

that has troubled a number of people who have read it as somehow a challenge to the federal courts or to their authority to the appropriateness of the concept of judicial review. and that's not a small matter. >> reporter: and in a strange move, judge smith then demands a three-page, single spaced letter from the justice department on thursday saying what its position is on these cases. attorney general eric holder says they'll respond appropriately. >> i think what the president said a few days ago was appropriate. he says that we obviously respect decisions that courts make under our system of government. >> reporter: the president did later dial back from his initial remarks, saying he's sure the supreme court will exercise it's power carefully, but conservatives still don't like his tone in those first remarkings. >> the president is trying to bully the court here, threatening them that if they don't come down his way, they're going to have the same thing

that happened in the state of the union address in 2010, he's going to be calling them activists. >> it's the reverse of intimidation, he's simply making an observation about press definite a precedent. >> reporter: everies every aspe this is extraordinary l. >> brown stein says the courts may not have been able to avoid being drawn into the political fight here. he calls this the most significant piece of democratic legislation since medicare, and it's an election year, the perfect political storm i'm brian todd in washington. >> that three-page explanation due at 3:00 p.m. eastern time. standing before a group of newspaper reporters, romney

ridiculed the president's now infamous open mike moment with the russian president. >> president obama's comments to president medvedev are troubling. that incident calls his candor into real question. he doesn't want to share his plans before the election, either with the public or the press. by flexibility, he means that what the american public doesn't know, won't hurt him. his intent is on hiding. you and i are going to have to do the seeking. >> ryan prebus is president of the national republican committee. mr. romney is not mincing words, is mr. romney accusing the president of deliberately misleading the american people? >> either he's misleading the

american people or he's so grossly negligent in his promises that he made to the american people, really it's the same thing. what we have right now, is a president who has pursued every one of his political pipe dreams, just imagine what this president would do without any election in front of him. and i think that's really the point. i think the open mike, i was always taught when i grew up that character is what you do when no one is watching. people should be concerned about a president who wants to strike a deal with the russian government without the american people knowing about it. >> for democrats and some republicans, that's an interesting road for mr. romney to travel, because he himself has been accused of saying anything to get elected.

here's newt gingrich saying it. >> some people talk about making plans that are in stone, but the romney idea that it's an etch-a-sketch. it really makes you wonder about his sincerity. >> how does romney overcome these kinds of attacks when they're coming from fellow republicans, once we get to the general election? >> obama with stood the attacks of hillary clinton. it's one thing to modify a position that you have over a period of time. but it's another thing to tell the american people that you're going to cut the deficit in hand, you're going to curb spending and you don't even attempt to do it. nancy pelosi couldn't get obama one single vote on his budget.

he's the president of the united states, he's got a responsibility here. >> mr. romney is accusing president obama of misleading the american people to get elected. newt gingrich accused romney of the exact same thing. how does he overcome that? >> i would say it's a very big difference and i would imagine even the speaker himself would say it's a very big difference to hold some spokesman's words and pin them on mitt romney as opposed to a president of the united states, sitting with the russian government and telling the russian government when it comes to the security of our country, eastern europe and israel, that, hey, listen, once i get re-elected, we'll worry about cutting a deal together after that. i mean this is ridiculous to even compare the two. he is the president of the united states, he's incapable of leading and fulfilling one of

his big promises to the american people, including facing his own piece of serious legislation which will likely be ruled unconstitutional in june. >> let's talk about the economy, because you were saying that president obama doesn't have a plan to turn the economy around. but there are signs the economy is getting better. the private sector added eed 30 jobs in march. now the american people are actually making money on that. you can't say that -- can you really siay that president obama's overall economic plan has been a dismal failure? >> the reality is that the american people don't feel better off today than they did three or four years ago. there are fewer people employed today that were when barack obama took office. he promised the american people two specific things, he promised

to get our spending under control. he promised the american people that if the health care bill was passed, unemployment would be under 6%. i would think after three or four years of having a president who promised certain things to the american people, that if you don't fulfill those promises you ought not be rehired for another four years. this is going to come down to a fundamental question, which is if i work hard and play by the rules can i still live the american dream? and i think this president has made that question a little more difficult. >> what one thing will he do that will turn the economy completely around, that will make that unemployment rate go down? what one single most important thing will he do? >> first of all, i'm not speaking for the mitt romney campaign, but i can tell you that all of our candidates believe that we ought to make it

easier for small businesses to hire more people, to have less regulation, to have an energy policy that makes sense. if you ask a question, you ought to at least allow the guest to answer. the last regular gags. >> i'm just trying to get you on your talking points. >> i have to answer, right? for one thing, get the spending and debt under control, sign the paul ryan budget plan that the majority of congress has already passed, get our social security and medicare and entitlements under control because those are the biggest drivers of our debt. those things, reducing the burden and taxation on small businesses so they can hire more people, so people can make more money, so that people can live out the american dream, those are just a few things, an energy policy that actually makes sense so that people aren't paying $4 or $5 a gallon which does affect

businesses across america. i guess i could go on and on. and by the way, not throw israel under the bus either. >> thanks for joirning us this morning. i appreciate it. minutes ago, jerry sandusky walked into a pennsylvania courtroom. lawyers for the penn state football coach are asking the judge to dismiss the charges. he's accused of molesting 10 boys dating back to the 1990s. this is his latest prison picture when requested by cnn in advance of his parole hearing next week, he's all right been turned down 11 times. we now know whitney houston drowned in extremely hot water and a white powdery substance

and a small small spoon were found near here. heart disease and cocaine use was also contributing factors. mississippi lawmakers are -- lawmakers passed a measure requiring doctors who perform abortions to have admitting privileges at a local hospital or be a board certified obstetrician-gynecologi obstetrician-gynecologist. the court dodges what could be a major embarrass. the deal gives michigan official s a say in how to fix the state's -- and the miami marlins new ballpark has hosted just one game, but it is already facing a fan controversy over the appearance of mohammed ali at opening day.

>> to make opening night unforgettable, the boxing legend was asked to throw out the first pitch of the game. the ravages of park kin's disease were painfully clear. the twitter field reacted with dismay. john zarrella joins us with more. i have read some of these tweets and some of them are just mean. >> it's pretty brutal out there last night, during the game, after and continuing today. you have to understand, this was a closely guarded secret. very few people, only the inner circle at the marlins knew who was going to throw out that

first pitch. in fact all day yesterday, on sports talk road, they were wondering who's going to do it. the marlins don't have a long history. they have been around, what, 20 years if that? so no one knew who was going to be the celebrity to throw out the first pitch. here's some of what's being said on social media, example of tweets. i'm sorry, this doesn't feel right seeing ali like this. another tweet, crowd, this is the part where you keep cheering for ali. this isn't coming off particularly well. and another one, i wonder if ali even knows where he is. ugh, hard to watch, man. in fairness, some people have been tweeting ali made it special, simply the greatest. so there are those that are certainly in support of what the marlins did. and we just looked at the marlins web page and owner jeffrey luria says in part, he

was great, he's so strong, i was holding on to his hands and he just about destroyed my hand, he's as strong as he ever was, the disease is debilitating, but he is still the most famous person on the face of the earth. it's a big up for the crowd and for me, that's what it's all about. and luria goes on to same a few other things. certainly the marlins are out this morning defending their decision to bring mohammed ali out to throw out the first pitch. they lost to the defending world series champions the cardinals, and they were no hits through six innings. >> maybe -- going back to mohammed ali, though, we have this image in our minds of this strong, vital person and to see him like this is uncomfortable. but that doesn't mean he shouldn't be throwing out the

first pitch at a ball game. it's our discomfort with the disease more than anything else, might be. >> i think a lot of people look back and say, you compare what happened last night to what happened in 1996, the olympics in atlanta, when he lit the torch and what an unbelievable moment that was, and to compare his condition then, which you could still see he was suffering the effects to where he is now, i think that in some way plays into all this as well. >> john zarrella, live in miami, thank you. it's hot off the presses and probably burning up the internet, just moments ago we got the new secret to kony 2012. and a magazine with a singer and actress selena on the cover is sure to attract teenaged reader, but the cover is evoking

controversy too. would you want your teen girl to read this kind of stuff? then don't get nickle and dimed by high cost investments and annoying account fees. at e-trade, our free easy-to-use online tools and experienced retirement specialists can help you build a personalized plan. and with our no annual fee iras and a wide range of low cost investments, you can execute the plan you want at a low cost. so meet with us, or go to etrade.com for a great retirement plan with low cost investments. ♪ only hertz gives you a carfirmation. hey, this is challenger. i'll be waiting for you in stall 5. it confirms your reservation and the location your car is in, the moment you land. it's just another way you'll be traveling at the speed of hertz. this reduced sodium soup says it may help lower cholesterol, how does it work? you just have to eat it as part of your heart healthy diet.

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just about an hour ago, a new video hit the internet. it's targeting a ugandan war lord. in the next hour, we're going to talk to the man behind the campaign. he wants to capture joseph kony and end his reign of terror. >> for 26 years kony has been

kidnapping children into his rebel group, the lra. turning the girls into sex slaves. and the boys into child soldiers. he makes them mutilate people's faces and he forces them to kill their own parents. >> that is part one, cnn's aral burnett in is uganda. >> reporter: corning, carol, people here are -- more than 100 million people have viewed it around the world. but there was massive international criticism leveed against individual children for a number of factors, first they said the group oversimplified the army, where they are. they criticized a group selling

wristbands and t shirts promoting kony 2012. and one of their very visible directors had a psychotic breakdown and was taped seminaked screaming. this response video aims to address all of those claims. and we have been looking at the video today and i can show you, one of the thing they do, they better explain where joseph kony is, north uganda, the south sudan, or in african republic. they quantify how many people are in his force, and it's just a few hundred. promoting things like flyers allowing people to escape from joseph kony's army.

>> we wanted to reach out to the lra directly. >> it gives them hope, the wife of joseph kony felt it because she -- >> i will try to escape. whatever kony says, i will try to escape. >> even with all the criticism and the controversy, they also implicate the prosecutor of the international court saying it's possible to capture kony, he support this is campaign and he's actually doing something positive. what's happening on the ground? the african union has already committed 5,000 troops in march to capture joseph kony or neutralize him. and -- effort with their forces as well. so there is movement here on the ground as people aim to capture

joseph kony, but still children need to be shown this video because of the massive criticism against them. >> the video is working now. also about an hour ago, i'm going to talk to the ceo of invisible children, the charity behind the kony 2012 campaign. that will come your way at 1:20 eastern. ska

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checking stories across

country now, america's famous sheriff, the justice department is going to sue joe arrest pie owe. we're seeihearing new audio froe trayvon martin shooting. it sounds as though george zimmerman used a curse word. but it's still not clear whether he used a racial slur. a jetblue pilot who had a meltdown on a flight last week is undergoing evaluation. he ran through the plane screaming about religion and terrorists. now is your chance to talk

back on one of the big stories of the day, the question this morning, why was it controversial for mohammed ali to deliver the first pitch? it was the start of the baseball season, a time of new beginning, it was a sellout crowd, it was supposed to be a special moment, an american icon throwing out the first pitch. but it didn't turn out that way, boxi ining legend mohammed ali t first fans cheered, but suddenly there was a hush inside the stadium. it was a far cry from ali's triumphant torchlighting and from his glory days when he was the greater. marlins fans and some commentators tweeted their concern. this one from ken rosenthal. i'm sorry but this doesn't feel

right seeing ali like this. whoever's in charge of mohammed ali needs to be arrested. can't believe they brought him out on the field. please stop. i wonder if ali even knows where he is. ugh. fans either loveded it or said it was extremely depressions. the local papers found it inspiring, mohammed ali helps make florida marlins first game successful. stories we're watching right now on the newsroom, today there is a noon deadline regarding your future health care and the power of the federal courts, government lawyers will have to answer critical questions on whether federal courts strike down some or all of obama care if they nodeem the law

unconstitutional. lawyers for the former penn state assistant football coach are asking the judge to dismiss his child sex abuse charges, in all there are 52 counts alleging sandusky committed sexual acts with young boys dating back to the mid '90s. and the maryland lottery will hold a news conference this afternoon and we may finally learn who won the $556 million ticket. still ahead, feeling richer? the fed said your investment in the nice's banks has raked in a billion dollar profit and rising. christine romans will join us to explain. we always hear about jobs leaving america.

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banks is paying off big-time. christine romans is in new york to break it all down for us. >> we have another bank, carol, regions financial, they were paying off their t.a.r.p. bailout, and with that comes more than $500 million of dividends and interest. you put it all together, that bank bailout, that hated bank bailout, $245,000 is what you t -- $245 billion use investigated, and now -- you mentioned at the top it might take the sting out of those bank fees. they're saying wait a minute, if the taxpayer is making money on this, why aren't i seeing it? i can't get a loan.

>> i would rather it go directly into my checking account. >> it's not going to go into your checking account, that's the sad fact of it. the overall bailout, the bank portion is profitable and will continue to be profitable. there are continued losses from automakers, also aig. the treasury says 81 cents on the dollar has been returned. there you go, carol, you're getting your money back, taxpayers are, but i don't know if i'm going to see it. i guess we'll see it omt if the economy falls apart. >> we suffered extreme pain during the time that the federal government loaned the banks all that money. christine romans, thank you. five medical tests you may not need, they're considered routine, but according to a new report, if a patient is basically healthy, they don't

need a scan after feinting, an annual cardiac tresz test. a studies were done by nine physician groups, the consumers union and the american internal medicine foundation. sometimes these tests are needed, but most often they're overused. >> cosmopolitan magazine is talking about sex, nothing new there, but they have a teenager that surrounds her with sexual content. exploiting teenaged girls coming up. the next revolution in music is happening here.

pandora rocks the big board.

cosmopolitan magazine is catching heat for its new cover.

those who don't like it say cosmo is trying to encourage young readers to read information that's too racy for them. >> we all love selena gomez. the winds of waverly place turned gomez into an overnight sensation. but selena's latest magazine cover is sparking outrage. this is her on cosmopolitan. it's not about to the photo, it's about the copy surrounding the photo. 50 sex tips, readers reveal the naughtiest moves they discovered all on their own. former model nicole weeder is blasting cosmo for deliberately

putting gomez on the cover to her courage younger readers. >> 75 sex moves, bad girls sex. that's what they highlight and that's what the basic and core of the magazine is all about. >> these are young girls who are quite impressionable reading this stuff and that's what scares you? >> oh, completely. >> cosmo -- too naughty to say here, but you have to try this sex trick. >> weeder launched an online petition demanding the magazine with shield covered in black plastic. >> would that solve the problem? >> if you put a protective cover on it that means that 5-year-old jada can't flipthrough here. >> but one reader says cosmo's

campaign goes too far. >> i don't think that reading about sex is going to spark irresponsible behavior among teens. >> younger readers can find useful information in cosmopolitan. >> it's more about a place where girls go to find out about the things they're embarrassed to ask in sex ed class, it's the place you go when you don't want to talk to your parents about something. >> okay, so what's the magazine's take on the criticism? let's bring in "showbiz tonight" a.j. hammer, he's here with that side of the story. >> it might not be a surprise to you but cosmo is defending their content and that they put teenagered girls on the cover

with that content. the but as you say in koreen's story, nicole weeder isn't buying their explanation, she says cosmo is hiding behind the idea that cosmo is imparting self-empowering information. she wants federal regulators to take action against the magazine. you can sort of see both sides, because obvious lly cosmo has t advertise on their magazine. >> she's 19 or 20, she's not a between, but her audience. >> she's 19 years old. >> but her audience, the little girl who is watch her, probably believe she's, what, 14 or 15? >> and certainly she has a very

young following so you can certainly understand nicole weeder's point that you have these young girl who is want to flip open in magazine to read all about selena gomez in this instance and they're seeing all these sex tips that are probably age inappropriate in a lot of these cases. how do you know when your favorite major league baseball team is in trouble? losing to a bunch of college kids is one sign. this is so ugly. that's straight ahead. ♪ [ acoustic guitar: slow ]

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we asked you to talk about the question, why was it controversial for mohammed ali to throw out the first pitch at the first marlins game? >> extremely poor taste. this from colleen, why was it? i love mohammed ali. it's just him as he is today. mr. augusto. all too often we want to put people with an illness out of the way and out of sight. if it made him happy, i don't have a problem with it. if it humiliated them then it should be controversial.

please finish the conversation. facebook.com/carolcnn. baseball team owners write a lot of big checks, but even for them, $162 million is a lot of money. we'll tell you how the new york mets are moving on after their owners got a big bill that has nothing to do with baseball.

where did you go, brooke robinson because baltimore really needs you. you can forgive baltimore orioles fans not to be excited.

they closed out the preseason with a loss to a college state. they beat the o's 2-1. this is the kind of omen that baseball fans worried about the upcoming season. let's hope that the orioles were just cashing it in here. more optimism for the new york mets fans, the team owners are lucky to still have the team. last week they agreed to a settlement and payout of $2.6 million to victims of bernie madoff's ponzi scheme. richard is at citi field. hey, richard. >> reporter: there was controversy three years ago when citi field became the name after citi bank bought the naming rights for $20 million a year. now this year, the mets are free of bernie madoff after the settlement. you said that the mets fans are optimistic.

i'm not sure about that. they're pinning their hopes of young pitchers years away. star players, jose reyes were allowed to leave, he's with the marlins now. one analyst talked to me about the state of the team after madoff expressed his does pleasure. >> they can concentrate on building a winner. stay with us. mets fans stay with the mets. they're going to be good again. >> i think the wilpons are bad owners. i think they have to get rid of wilpons and get better owners. >> reporter: that's a met fans who has a small mets shrine in his room. he's not giving up. and this may be the first mets opening day without a sellout, carol, mets are trying to come up with some innovative ways,

maybe free tickets to other games in queens. who had their own collapse from last year to get over. carol? >> that's why everybody should be go over to the american league and root for the detroit tigers. but i do feel for the mets fans. >> you have to hope that cabrera can play third base after moving if you're a tigers fan. >> i have no doubt in my mind, richard. he can play third base just fine. prince fielder, miguel cabrera. a one-two punch. thank you, richard. >> and they have good pitching, too. >> justin verlander, baby. we're following a lot of developments in the next hour of cnn, let's check in first with alison kosik. in a few hours president obama puts his signature on a new law that will allow small

businesses to go. that's coming up in a few minutes. i'm john zarrella in miami. muhammad ali throws out the first pitch in the miami marl lins' inaugural game in their new stadium. i'm watching severe weather once again today. we have had tornado watches and warnings, who's under the gun today and when will the severe weather threat end? >> thanks to all of you. and we're getting a sneak peek at the new sequel to koehny 2012 and coming up, i'll be talking to ceo of invisible children, the charity behind the kony 2012 campaign. the lines, and the paperwork. zap. it's our fastest and easiest way to get you into your car. it's just another way you'll be traveling at the speed of hertz.

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the low price tire guarantee. wait for it, there goes another one. get a $100 rebate, plus the low price tire guarantee during the big tire event. look at that. it's happening right there every five seconds. your not going to run out are you? no. next saturday marks the 10 on-year anniversary of the titanic tragedy. to commemorate the occasion, a memorial crew is scheduled to travel to the exact spot where the titanic went down to pay tribute. that will come in your 10:00 hour eastern hour tomorrow. in the meantime, the movie titanic is scheduled to be rerelease in 3-d. the man behind the movie, director james cameron, took a journey to the deepest known

point in the atlantic in a submarine he helped to design. he has some new details about that trip that he shared with our jason carroll. >> reporter: james cameron called in from guam to talk about his historic dive. to the deepest known point on the planet in the atlantic ocean. he talked about what he saw. and how he's inspired to do even more. >> i'm wondering when you were down at challenger deep, can you take us back to that moment when you reached the bottom? >> it's a pinch-me moment, am i really here? is this really happening? you sort of think that you're going to wake up from the dream and you have to take a breath and say, okay, i'm on the bottom and here's what i got to do next and next. i got busy, i took my contingency sample and switched my sonar own and started looking around. you know what i just stop, just stop the vehicle and just take a

look out the window with your own eyes. i had to take a moment and bear witness the weight of the water over my head. 7 miles of it and think, wow, what a remarkable -- what a remarkable moment in my life and what a remarkable place to be for any human being. >> it's also a lesson in just how precious life is and how it's still finds a way even in the most harshest of environments? >> well, exactly. life finds a way and you know, i have seen that animals and shrimp living right next to jets of water hot enough to melt lead. the funny part here i am, far away from our day-to-day world, short of literally of being on the moon or mars, i get a call from my wife who has commandeer the acoustic communications

system and calls me on the bottom of the ocean, so, let that be a lesson to all men, it doesn't matter how far away you go, your wife's going to find you. >> even though it was a desolate place, did you find any source of inspiration? >> i think it's good and healthy for us to always be pushing the boundaries and pushing outward. i think we should be exploring the planets. and i think there's inspiration in that, knowing our place in the business. >> cameron thanked the team of people who worked for years to make this happen. he brought up an interesting point, he was so inspired what he saw down at challenger deep, don't be surprised if you see some of those influences in those featured films. carol? >> jason carroll, thanks.

and good morning to you sh. i'm i recall carol costello. president obama is set to sign the jobs act into law in just a few hours and it says it will accomplish those goals, but critics say that the law will victimize americans. we'll take a closer look. happening now, jerry san deuce key just wrapped up a hearing. he wanted the child sex abuse charges against him dismissed. we'll learn exactly why they're asking a judge to throw out the case. the american civil liberty union said numerous police departments across the country are breaking the law and tracking cell phones without a court order. plus, the queen of hip-hop/soul is getting some heat over a burger king ad. ♪ crispy chicken, fresh lettuce,

three cheeses ♪ >> that's nine-time grammy winner mary j.blig eshe singing. but first this morning, it's the number one issue on the campaign trail, jobs. and in just a few hours, president obama will sign a bill that he says will create jobs but will not add a penny to the deficit. critics say it sounds too good to be true. alison, the unem mroit rate is 8.3%. how will this bill create jobs in >> it gets a back-door way to create jobs. get more money into the hands of these medium-sized businesses. the thinking is, if they have more money, they're going to grow, expand and hire. are you r they going to get this money? they're going to get this money

by going public. the key here, this jobs act is going to relax these s.e.c. rules to make theit easier for these companies to go public. now, what would happen, once this becomes law, companies won't do all of these audits. they won't have to make these disclosures right away. president obama said that it removes red tape. the thinking is it produces more innovation, boost the economy as well. >> republicans supported this bill, too, which is important to point out. critics, though, they say that this law could open the door to more investment fraud. >> exactly, by relaxing the regulations that could weaken some of the protections for investors, just so you know, aarp, consumer groups, unions,

even the s.e.c. is against this bill because it could open the door to more failed ipos and more fraud. and it allows companies to solicit investors by advertising. it makes easier for these companies to take advantage of seniors, but people, because people could be lured into these ipos to make a quick buck. not all ipos do well. like any investment there are risks and when anyone makes any kind of investment it's a big risk. this could spawn the next google or apple. >> alison, live at the new york stock exchange. new questions and a new deadline for president obama's health care reform. government lawyers have until noon today to submit a paper summing the administration's view on federal courts, whether the obama white house believes that fed rattle judges have the

power to struck down a law that they believe is unconstitutional. president obama challenged the authority of the supreme court justices who are reviewing his health care plan. the white house said that those comments were misunderstood. a ruling is expected this summer. this is cnn breaking news. we're following breaking news out of great britain. sky news said that it did authorize reporters to hack into people's personal e-mail accounts. . latest bombshell that forced rupert murdoch and his son to testify before parliament. zain verjee is in london. >> it is illegal. basically, the guardian newspaper just a short while ago broke this story and sky news, the main tv channel here, basically was forced to make a statement. what they're saying is this,

they authorized its journalists to hack into e-mails of the public. they said this, carol, we stand by these actions by editorially justified. one of those two occasions from what we understand, there was a situation where someone faked his own death, by hacking into this guy's e-mail, they were able to give police enough evidence to prosecute this guy who's now in jail. yeah, it's illegal. what sky news is saying that it was justified and in the public interest. the reporter checked with the editor and the editor said okay, go and do it. nowhere near where the scale of what we saw in news of the world and the whole big phone hacking scandal. it raises a big question here now, carol, now you're going to have television channels under scrutiny for hacking and whereas we have seen in the past,

newspapers and print journalism targeted and investigated for phone hacking. we'll see how extensive this is. for now, this is a pretty big deal in this country. >> zain verjee. short while ago jerry s sandusky the former penn state assistant football coach, he's been under house arrest until his trial begins in june. jason carroll was in the courtroom, so, jason, tell what happened. >> when jerry sandusky's attorney asked the courthouse, he said that he's looking for justice. simply all of the major issues that were supposed to be addressed today are basically now are going to be put on hold so that the judge can take it under advisement. let me backtrack and explain the reason why, there are ten

alleged accusers that jerry sandusky and his team are dealing with. joseph amendola said 7 of the 10 accusers the ed has been insufficient. he hasn't received enough information of where these attacks occurred. for that reason, he filed a motion with those 7 accusers, they should be thrown out. again, there were ten. the other three it was not specific enough. in that situation, those charges with the three should be thrown out as well. the prosecution has been saying all along that this is ongoing investigation. they're in the process of gathering information. turning it over. in accordance with the law, they turned over numerous amounts of information to the defense. so, the judge took a look at

this and sat for moment, given what i'm hearing on both sides of this issue, quote, it would be premature to make any decisions on what can and cannot be prosecuted at this moment. he said that this proceeding is somewhat in flux. so, this trial is basically right now scheduled for june 5th and given what we heard today, given that the judge is now deciding to put things on hold for a little while, we could basically see this trial postponed until after june 5th. right now, we're waiting for joe amendola to come out and see what he has to say. >> when jerry sandusky begins speaking we'll head back to pennsylvania. the jetblue pilot who had a break down during a flight, may not be able to stand trial. he's been ordered to undergo a

psychiatric evaluation. they want to know if he understands the charges. and they want to know if he was sane during the interference. he could face up to 20 years in prison if he's convicted. a new video hit the internet and it's almost certain to go viral. the sequel of kony 2012. that targeted the uganda warlord joseph kony. >> the progress that's already been made and what we can all do now to support the ongoing efforts. >> the first video kony 2012 racked up 86 million views in just a few weeks. coming up later -- i'll talk with the ceo of invisible children and criticism it's faced and the campaign to bring joseph kony to justice. oh, my gosh. please. oh, shoot.

>> like that, man's disbelief the more we learn about the texas tornadoes the more we're amazed that someone wasn't killed. winds were clocked as fast as 150 miles an hour and the damage assessments keep getting worse. now 200 homes destroyed. 650 damaged. let's turn to alexandra steele now, has the weather calm down in texas? i heard more storms were coming. but i don't know exactly where. >> the national weather service has gone out to texas as expected. surveying the damage. new information, they have confirmed 11 tornadoes touched down. they said it could be as high as 15. take a look at this. here are the three most notables from tuesday. ef-2, ef-3.

we talked about how strong the winds were. between 130 and 150 miles per hour. the path of these three, anywhere between 6 and 8 miles. here's one of them n arlington, texas. this was the ef-2. lancaster, we talked about that ef-2 as well. 130 miles per hour and there has been an ef-3 as well. that's in forney, texas. here, carol, you talked about the severe weather threat, the atmosphere believe it or not, exactly the same as it was on tuesday. again, there's the severe weather threat, farther east into the southeast, including atlanta, birmingham. finally the good news, see that front to west, that blue cold

front, that has come into play, that will push that out, push it east. finally, progression. >> thank you. muhammad ali knew how to silence his opponents in the ring. but his appearance in miami quieted the crowd for a far different reason. you probably couldn't live without your cell phone. it turns out, they're really convenient for law enforcement, too. cops might be tracking you without your ever knowing it. but don't just listen to me. listen to these happy progressive customers. i plugged in snapshot, and 30 days later, i was saving big on car insurance. i was worried it would be hard to install. but it's really easy. the better i drive, the more i save. i wish our company had something this cool. yeah. you're not... filming this, are you? aw! camera shy. snapshot from progressive. plug into the savings you deserve

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this story might conjure up visions of big brother. the american civil liberty union

found that many law enforcement agency track cell phone signals in their investigation. in short, they talk, they track and you have no clue. amy covers mobile technology news for cnn.com. welcome, amy. >> good morning. >> you wrote this story, it wases if nating. what about this study sticks out to you? >> what amazed me first of all was how many police departments do this. the aclu did records requests to 280 law enforcement agencies, only 200 responded. of those 200, a very small percentage, you could count them on one hand, were consistently get a warrant, almost all of them do this. >> so, how are they able to do this, don't they need the cooperation of the cell phone industry? >> yeah, the cell phone industry

is an interesting player on this, they aren't being very transparent about how long they keep cell phone user's data. keep in mind, this works whether or not you're on the phone, your cell phone is constantly talking to all of towers, all of that data gets saved whether or not you're making calls or sending text messages. the aclu is asking carriers to be more transparent on what they're keeping. >> any way if i could find. my phone is on right now, so, police department could be tracking me, right? >> yeah. >> is there any way to find out if they're doing that? >> well, you can -- with any law enforcement agency you can do an open-records request to see if they have any files on you. but, the thing is, is that, this is going to happen, no matter

what. whether you like it or not. probably, the most sensible approach is make their legal safeguards that the law enforcement agencies that if they do this, they get a warrant. it's not different from the recent supreme court case that police needed to get a warrant to put a gps tracking device on somebody's car. >> wow, don't use your cell phone and keep it in the off position. that's the only way you can really protect yourself. if you want to make sure that police aren't tracking you. >> yeah, you can power it down, you can put it in the airplane mode. if the radio isn't working it can't talk to any tower. i don't think people should be scared about this on the daily uses. it's not a fail safe and you

know, don't be paranoid about it. the aclu has a lot of information on their site. you can see which police departments in your area responded. you can look it up if you're really curious. >> i got a busy afternoon. am y thanks so much. >> thank you. checking stories across the country now. in the gulf of alaska today, the coast guard will get gunnery practice. target, a deserted fishing trawler. it's floated all of the way here as part of a huge debris field. it will sink the boat. how would you like to have your own town? you can. buford, wyoming, a town of 1, for $100,000 you could walk away with the whole place including a convenience store. surveillance tape caught

this burglar who bust a move. police hope he'll be dancing to the tune of jailhouse rock very soon. muhammad ali is one of to most recognize nl people on the planet. but miami marlins fans were stunned by his appearance at the game last night. mitt romney said that the president is saying one thing to world leaders and an another thing to voters. our political buzz coming your way next. an ipad ♪ ♪ made sure his credit score did not go bad ♪ ♪ with a free-credit-score-dot-com ♪ ♪ app that he had ♪ downloaded it in the himalayas ♪ ♪ while meditating like a true playa ♪ ♪ now when he's surfing down in chile'a ♪ ♪ he can see when his score is in danger ♪ ♪ if you're a mobile type on the go ♪ ♪ i suggest you take a tip from my bro ♪ ♪ and download the app that lets you know ♪ ♪ at free-credit-score-dot-com now let's go. ♪ vo: offer applies with enrollment in freecreditscore.com™. 8% every 10 years.age 40, we can start losing muscle -- wow. wow.

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miami marlins fans won't forget the team's opening night in their new stadium, not because of the baseball game necessarily, except this is the image that no one can forget, muhammad ali the boxing legend

bringing out the first-game ball. ali shook during his time on the field. the symptoms of parkinson's disease. the crowd grew quiet and afterwards, they lit up twitter with their criticism. john zarrella is in miami with more. so, what is this all about sf. >> carol, i remember not that many years ago, jody maggio throwing out the first pitch to benefit the hospital here named after dimaggio, of course he's gone now and the marlins don't have great tradition. they have been around for 20 years. the big secret yesterday, all day, and talked about on radio here, who's going to throw out the first pitch? we know now who it was. all over twitter, you know, your hearing words like sadness,

uncomfortable. some of the things being written on twitter, and in social media, i'm sorry, this doesn't feel right seeing ali like this. crowd, this is the part where you keep cheering for ali. this isn't coming off particularly well. i wonder if ali even knows where he is -- ugh. hard to watchman. some people have come out in support in fact saying ali made it special. simply the greatest. and the marlins owners on the marlins.com page said that he was great, so strong, i was holding on to his hands and he just about destroyed my hand. the disease is debilitating but he's the still the most famous person on the face of the earth. it's a big up for the crowd and for me. so clearly, the marlins defending the use of ali and you know what, carol, quite frankly

if his presence last night and it clearly has is bringing renewed interest in parkinsons disease and how debilitating it is and can be. former attorney general janet reno has parkinsons disease. maybe in some way, shape or form, there's a positive that could come out of this. >> i think there by the grace of god go i. it's not necessarily that people didn't want muhammad ali there, they were just uncomfortable seeing how this disease has ravaged him. >> yeah, and it goes back to 1996 when you saw him at the olympic games in atlanta, lighting that torch and the huge contrast to the way he was then, even suffering from the disease back then, and now, you know, just how much further along the disease has progressed in his body. so, there is that, too, that people are playing off of then

and the now. and it was quite clearly, pretty tough to watch. >> yeah, it was great seeing all of the marlins players to surround him, though, that was quite touching. >> it was. carol, your tigers look like the beast of the central division. >> i know. i can't wait. they play at 1:05 eastern this afternoon. and i'll be watching on my limit ipad. >> i'm sure you will. >> thanks, john. actually, john's report brings us to today's talk back question, we want to ask you, why was it controversial for muhammad ali to deliver the first pitch? tell me what you think. facebook.com/carolcnn. president obama has invited one of his biggest political foes to the white house today. majority leader eric cantor will be on hand when the jobs act will be signed into law.

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at e-trade. stories we're watching right now in the newsroom today. there's a new deadline regarding your future health care the power of federal courts, government lawyers will have to answer krit >> caller: questions on whether federal courts struck down all or some of the president's health care law if they deem the law unconstitutional. jerry sandusky's lawyers asked the judge to dismiss his child sex abuse charges. there are 52 counts alleging the former penn state assistant coach committed sex act with ten boys. jerry sandusky says he's innocent. the maryland lottery will hold a news conference this afternoon and tell us who hit the jackpot last week.

at least two claims to the winning tickets. other winning tickets were sold in kansas and illinois. political buzz is your rapid-fire look at the best political topics of the day. three questions, 30 seconds on the clock. playing today, pete dominic. in the third patricia murphy. on the right, cnn contributor will kane. welcome to all of you. >> good morning. so, mitt romney blasting the president accused of him running a hide and seek campaign. romney said that the president says one thing to world leaders and an another things to voters. does that resonate with independent voters. >> i think it does. i think that was a particularly bad moment for the president when he was talking to the russian president. the only problem for mitt romney, though, republicans are

saying the exact same thing about him, his campaign manager had the etch-a-sketch campaign. ann romney said they're going to unzip the real mitt romney. so, i think it's a good attack on the president. but not good coming from mitt romney. >> i think it will resonate for two reasons. there's a video of president obama saying to russian president i'll have more flexibility after my election and two, it's somewhat true. a list of things that he's saying in election year that are contrary to positions that he's held over the last several years. on the left, you cold say, you campaigned against health care mandate, then you wanted to enact one when you became president. it's rich that's coming from mitt romney and two, all

politicians do it. >> with that said, pete? >> i agree a lot -- the question, does it resonate with independents? i think everything that romney will resonate with the voters. it's how we hear these things. mitt romney called it a government takeover of health care and president obama apologizes to the world, which are both pants on fire lies according to politicifact. it will resonate. does anyone really they that our world leaders, that the u.s. president doesn't meet with the leaders about how the situation are. >> second question, president obama is offering an olive branch to his political arch-enemy, eric can tor, he invited can tor to be business hi side when he enact the jobs bill into law. >> i think he has to put in the

context this hasn't happened a lot in the recent past. the last really big one that they had one a couple of months ago, and republicans in october of last year, they had this free trade agreement where republicans weren't there for the signing. of course, the president's response you don't want it anyways. i would say it's somewhat significant. because it's rare. >> pete? >> i don't know what it means for the relationship eric cantor and president obama, maybe they'll be going golfing next. i don't think there's a lot of love lost between these two. the former governor of florida, hugged the president, that was terrible for him. there are a lot of people in this country that hate president obama and eric cantor having his picture taken with him i don't

think it will help him. >> patricia? >> i think eric cantor needs his picture take within the president right about now. the republicans don't want house republicans to get nothing done. they don't want the president to have his full agenda enacted. eic can tor to his credit has narrow pieces of legislation that he can work with the president on. it's a realization that he has to do something. the jobs act. they got the stock act through. it's eric cantor facing the reality. >> all right, your buzzer-beater. 20 seconds each. white house press secretary jay carney if the gop were in office, the ryan budget would be passed immediately and then he

went on to explain why. >> because everyone supports this. not this idea -- of idea of the rump faction of the political party, this is main stream republican thing. >> what is a rump faction, will? >> i don't think jay carney. not meant in the way he used it there. i think -- my understanding is rump faction is what's left over when the entire party moves to one ideology or changes their point of view on a certain issue. rump, it's the remainder of what's left of the party. >> will and i both read the wikipedia on the rump faction. it's not just a little bit of the republican party that feels this way it's the the whole republican party feels this way.

>> pete? >> yeah, patricia, a rump faction is the part of the animal, carol, no one really wants to eat and that's clearly what jay carney was referring to. part of the republican party that no one really wants to be. i have no idea. i have never heard about it. rump faction. it's this breakaway idea. >> rump faction. >> it made me think of rump roast. >> it's a new segment you're going to be doing. the rump faction. >> thanks to all of you, it's been fun. the kony 2012 campaign brought worldwide attention to the hunt of a no tors you warlord. we'll hear from the group's ceo, that's just ahead. f calcium and.

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now she says that she's not sure that she has the ticket. but she has a lawyer, though. >> only preparing in the event if there are people who might challenge we believe is a legitimate claim. >> winning tickets were sold in maryland, in kansas, and in illinois. detroit dodges what could have been a major enbar raszment. pass a law to share -- it avoids a complete state takeover. the agreement is fiercely opposed by labor union. you can buy your own town, buford, wyoming, the nation's smallest town, a population of 1 and it's for sale, start with a minimum bid of $100,000.

you could walk away with this whole place, including a combination of a convenience store/gas station. in today's health for her, five medical tests that you may not need, they are considered routine now, but according to a new report, if a patient is basically healthy they do not need any kind of scan after they fainted. anal annual krard yak stress test. back scan within the first six weeks of lower back pain. the study was done by nine physicians -- nine physician groups, the consumer union, they agreed that sometimes these tests are needed but they're often overused. invisible children had the vision of bringing a war lord to justice. the first campaign was a hit. time will tell if the second is,

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as we have been telling this morning the group behind the-on 2012 viral video started releasing a sequel within the past two hours. here's a peek. >> contacted by the u.n. who asked us to design flyers that would be culturally sensitive and reach out to directly. >> invisible children's first clip created significant online buzz. about the ugandan warlord joseph kony. the second one looks to build on that and more. they hope the excitement will

keep growing until their day of action in april. blend some of the criticism aimed at invisible children since the group's first movie exploded online. ben keesey joins me now from new york. welcome, ben. >> hi, thanks for having me. >> thanks for being here, what are you hoping to accomplish with this second video? >> yeah, absolutely the goal of the first film-on 2012 was primarily to raise awareness and make joseph kony known and the atrocities known around the world. the second film goes deeper than that, what are the solutions being prepared on the ground? and then it basically asks, any viewer, any viewer watching this right now, if you want to help, the most important thing you can do is message your policymakers so that our policymakers and our governments around the world support the ongoing regional effort led by the african union to permanently disarm the rla.

>> one of the criticism of the first film was to call for military for kony to be captured. is there another way. >> the goal of this incredible children is for joseph kony to be arrested and delivered to the criminal court. so, what the film shows in the second film, it makes it more clear that that's going to take a comprehensive approach. listen to this story, so, right now, right now, in the drc, there are a group of rla fighters that are trying to defect, trying to escape, they sent letters to the u.n. peace keeping mission saying we want to leave, but it's actually more difficult. those are the type of programs that the world needs to invest

in. in supporting missions of disarmament. >> i know you in part made this second video to answer your crit critics. some critics said they didn't know where the money was going. does this video explain that? >> yeah, absolutely. the video goes into the solutions about how to address the atrocities of the rla. we have answered a lot of questions about our financials. we have been committed from the very beginning to be honest and transparent all of the way around. if you go on our website, you can see our financial statements, our tax returns, our annual reports. you can read the responses to come questions. anything that grows this big this fast people are going to have questions. we totally understand that. it's all on our website. >> i wanted to ask you about jason russell, he's having some problems now and we all saw that

terrible video, it was all over the sfwernt, i know that you must not have expected this huge response to your first video, was it the pressure that got to him? what was it, do you know? >> well, you're right that we didn't expect this. you know, our stated goal was -- our hope was for 500,000 people to watch the first film. it went a little beyond that. thatreleased a statement that addresses the condition -- the good news is, jason is on the road to recovery. it's a long process. it's slow and steady. >> will we be seeing him soon if >> i hope so. you know, the family will resees more details about his medical process and the road to recovery. but what i can say, is that is happening. and the family, he's in great

hands. his family is so gracious. the medical team is really on point. but the family has been so gracious to say that their job is to look after jason and our job is to look after the mission. he's devoted almost ten years of his life to local partners on the ground in central and east africa, ultimately that's the purpose, that's the whole purpose of the campaign, to stop people from living in fear of the rla. >> ben keesey, thanks for joining us this morning. >> thank you so much for having me. >> the queen of hip-hop getting some, i don't know, she's in hot water over a burger king ad. ♪ crispy chicken, fresh lettuce, three cheeses ♪ >> that's nine-time grammy winner mary j.blige, she's sijing about chicken and fans don't like it much. she's now responding to their criticism.

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i get it...guys weekend. yeah! if you're looking for a place to get together, you came to the right place. beca yeah! noooo. yeah! finding you the perfect place is all we do. welcome to hotels.com so, the much-admired queen of hip-hop decided to do an ad for burger. not unusual. but the backlash is. >> what's in the new chicken wraps? >> mary? ♪ crispy chicken, fresh lettuce, three cheeses ♪ >> so, this ad came out on youtube this week, but burger king has pulled it out.

mary reportedly got 2 million bucks to do the ad, it has created so much buzz, negative, look at the comments from facebook, twitter and the morning talk shows. some in the black community they're suprise that she would promote a racial stereotype. tiffany said, performers give into stereotypes for money and barb said, play the commercial, i live in georgia, everyone here eat chicken and no one care. ryan came vonn with me by phone. good morning. >> good morning. >> what is your audience saying about this? >> well, i think they're kind of torn right now. because, you know, now that mary has come out and we may have rushed to judgment a bit on that, burger king apologizing for basically going for some

viral market instead of a finished television spot. let's put this up on youtube. now they're asking for apology. it was supposed to be a dream skweens. burger king number three right now is enjoying the buzz that they kind of ambushed mary on some of this stuff. >> explain to us why some of your listeners find this so offensive? >> i think, you know, since we have been around america, there's always been a problem with stereotype call ads and commercials everything, from dancing and singing and fried chicken and watermelon. i was telling people earlier on twitter, you go back to mc hammer with the popcorn chicken, his tour bus is stuck in the town and he know what to do, they bring on the popcorn chicken and barbecued wings.

the next thing we know, here we go with another ster typical ad. it's a problem for african americans, because it seems we're always the first one to launch these chicken products. >> do you think in the end this will really hurt mary j.blige? >> no, i believe even going back to what i said earlier, mary has said, you know, this was supposed to be a dream skweens, if you look at the commercial that they put on youtube, it kind of jumps around a little bit. from the beginning of the restaurant, to the end of the commercial, to her being on a stage. it seemed like burger king was saying, they're still talking a about this, we tried to take this public. you know, those people that are in corporate america they find legal loopholes. i'm sure that mary had an ironclad contract about being on broadcast television maybe not

on youtube. they found this loophole. >> i don't think that add will be appearing on youtube anymore. >> burger king's happy. >> ryan cameron, thank you. >> thank you. we'll take a break. we'll be right back. everything ? just stay off the freeways, all right? i don't want you going out on those yet. mmm-hmm. and just leave your phone in your purse. i don't want you texting, all right? daddy...ok! ok, here you go. be careful. thanks dad. call me -- but not while you're driving. ♪ [ dad ] we knew this day was coming. that's why we bought a subaru. ♪ 8% every 10 years.age 40, we can start losing muscle -- that's why we bought a subaru. wow. wow. but you can help fight muscle loss with exercise and ensure muscle health. i've got revigor. lite, hmb to help rebuild muscle and strength naturally lost over time. [ female announcer ] ensure muscle health has revigor

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