from a contributor to rielle hunter during the primary. jurors did not believe this campaign finance law and could not decide on the rest of it. the judge declared a mistrial. >> i wanted to say first, thank you for the jurors, and their incredibly hard work and their diligence, they took their job very, very seriously. all i can say is that we live in a country that has the kind of system that we have. >> that system in all likelihood will not try him again. we'll talk to jeffrey toobin about the reasons buy. but first i want to show you john edwards news conference. >> although i never thought i was doing anything illegal, i did an awful, awful lot that was wrong. and there is no one else responsible for my sins. none of the people who came to

court and testified are responsible, nobody working for the government is responsible. i am responsible. and if i wanted to find the person who should be held accountable for my sins, honestly i don't have to go any further than the mirror. it's me. it is me, and me alone. i also want to say a word about my own children. kate, who all of you have seen has been here every single day. she has been here no matter what. no matter how awful and painful a lot of the evidence was for her. evidence about her dad, evidence about her mom, who she loves so so dearly. but she never once flinched, she said, dad, i love you, i'll be there for you no matter what. and i'm so proud to have had her

with me through all of this process. and then finally, emma, who turned 14 recently, emma claire and jack, who just turned 12, who i take care of every day. and i i have not been able to see them quite as much, but i see them in the morning, i get their breakfast ready, get them off to school and then we get home at night and we all eat supper together and i love them both so dearly and they're such an important part of every day of my life. anding then finally, my precious quinn. who i love more than any of you could ever imagine. and i am so close to and so so grateful for. >> that's john edwards outside the courthouse this afternoon. joining us now, two people who have been covering the trial from the beginning, joe johns

and diane dimond, reporter for the daily beast. also criminal defense attorney mark geragos and senior analyst jeff toobin. is it possible that the government could file more charges again them? >> they have the legal right to say tomorrow that we're going to retry him on those fife counts. i think cooler heads will prevail, this was a very marginal case to start with. >> you say marginal because? >> because it was not a conventional crime, there has never been a justice department prosecution for similar activity. you know, the deterrent effect of this case is negligible because the facts are just so odd, especially in the post citizens unite world where the supreme court is essentially deregulating american campaigns,

the idea that they would try to put john edwards in prison again after failing to dramatically and spending so much time and so much money, i just think it's time to closed this shop down. >> the fact that the jury couldn't reach a verdict on five of the six counts, does that tell you anything about the case itself? i mean how often does this happen? >> it happens quite frequently, but i will tell you that the interesting thing that jeff just hinted at or actually said it. when they brought this case, it was a precitizen's united world. now you've got a situation and i don't know what the split was, but i'm sure somebody on this panel will. but i can't imagine if they found him not guilty on the one count, and frankly that count was ridiculous to begin with, that the split wasn't in favor of not guilty. and i can't imagine in a post citizen's united world, where, you know, basically money equals speech, corporations are persons, that you're going to now try to put a person in speech for taking money.

it makes absolutely no sense. remember, this thing was started also, not so much by the department of justice, but by a politically motivated u.s. attorney who went on -- who brought these charges and thought he was going to climb on to john edwards' back and make some fame and make a name for himself. so this thing was politically motivated to begin with. it's legally suspect. the charges themselves are ridiculous. the fact that the jury could not convict him i think speaks volumes about it. this is federal court where they brag that they get 98%, or 99% either guilty pleas or convictions. so this tells you all you need to know about the strength of this case. >> some people wonder whether the jury could separate the obvious facts in which john edwards has done some lousy things to his family, to his sup parties, the lies he's told and whether or not he broke the law in the way that the state was

alleging, clearly the jury, you know, at least some on the jury were able to separate, maybe hiss personal behavior from whether or not it was criminal behavior. >> that absolutely seems to be the case. and it also seems to be the case that this jury really realized just how tough this thing was on the facts and the law. and, you know, this is a very polarized state for a lot of reasons, and just looking at that jury, when they were first put up there, it was hard to see how they were going to reach any other decision but a mistrial, they come from such far and wide diverse socioeconomic places here in the state. that was the first thing, the body language as it went on only got worse, you saw certain people just exhausted and dropping. and then there was a question of teams, whether they had formed two different teams, let's say a

yay team and a nay team. and the judge actually instructed them not to form groups and fight with each other. so it looks like this was quite a high hurdle for these jurors to climb. >> there was a moment when the prosecution first rested their case, that john edwards turned to his lawyer and said something on the lines of is that all they got? clearly he seemed confident at the point when the prosecution rested their case. >> reporter: yeah, i remember that very well, i wrote about it in the daily beast, he turned to his attorney and said, that's their case? i thought it seemed a little cooky at the time. but i think what's not being said here at the time. but what's not being said, john edwards did not walk away not guilty, he walked away not guilty on one count and as mr. geragos said it was the least of the counts, but wasn't found innocent, he wasn't even found

not guilty of those other charges, but he does get to go home, he does get to go on with his life. it was an unprecedented case and i think the- >> what a -- almost none of the protagonists testified. the two people who gave him money, bunnie mellon is 101 years old, unable to testify. the trial lawyer, he died unexpectedly. rielle hunter did not testify. john edwards did not testify. the only person who was really intimately involved in this was andrew young who's kind of the bag man. and i just think it's weird to expect the jury to convict when they're not hearing the full story. >> mark, how tough is it when you have a client who's done some, you know, shady behavior and trying to get the jury to separate, okay, what you may think of him personally from the charges.

>> well, i think it makes a difference if you've got -- and i have argued this for years i depends on if your client is infamous or famous. john edwards was famous before he became infamous. you get to some degree a presumption of innocence. remember this was at one time a golden boy out of that state. i think, as joe said, it was a polarized jury, it's a polarized state. i expect this case was lost in jury selection for the prosecution. as most cases, high profile cases are. i don't see how they can ever get over that where in a case like this, where at the end of the day the prosecution's chief witness is somebody who took most of the money and built a house. that's their case and you got to say why are we here for six to eight weeks on this kind of nonsense? >> one of the things i found most remarkable about john edwards just the chutzpah he

showed, even with his lies, even when he was confessing, when he was giving that confessional interview to bob woodruff at abc, he was still lying, he was still lying about the child he had had. >> and that interview is why he couldn't testify in this trial. because as sincere and earnest he would have sounded on the witness stand, they would have played that piece of tape of him lying. >> let's play that, because it is a remarkable moment knowing what we know now, let's take a look. >> you see this in the reports, you see this now breaks out, why did you continue to deny it and not tell the truth? >> because i did not want the public to know what i had done, very simple. >> that actually wasn't the one i was talking about. it's where he sort of attacks bob woodruff for even mentioning it, say it was in a tabloid, suggesting how dare you even

bring it up when it was about the paternity of the child. >> and he, look, he was a great trial lawyer, he's very convincing. but he lied about this in public, repeatedly. and he couldn't expose himself to cross-examination on that. >> diane, if you had to pick one moment that basically summed up the whole trial, what was the moment? >> it was when john edwards today got up from the defense table, having heard the jury's verdict. having heard the judge said mistrial on all the other counts, and he turned to his family and he grasped both of his parents in hiss arms in a double hug and he said into his mother's ear, i was standing right there, he said, see, i told you everything would be okay. i think from the very beginning, he went in there very confident. he did begin to look haggard at the end of the trial. but every defendant does. but i they he had exuded a certain confidence that bled into that jury so to speak and they just said, we believe him more than we believe andrew

young. period, end of story. >> this guy made millions and millions of dollars reading juries and he sure read this one. >>let us know what you they on facebook, follow me@anderson cooper. milt romneywho made the cas? what was the case they were making? we'll talk to current massachusetts governor and obama backer governor patrick. and newt gingrich, more politics ahead. i have evidence that proves my dad's a space alien. he speaks a weird language. [ gargling ] [ gargling ] he drinks green stuff. he says he's from albuquerque. i'm not buying it. i mean, just look at him. and one more thing -- he has a spaceship. [ whirring ]

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nnchs. in raw politics tonight--senior obama advisor david axelrod was in boston slamming obama's record. >> a recent poll showed governor romney trailing badly here in his home state. these may be the only voters right here for mitt romney in massachusetts. it's a harsh judgment from the people who have come to know him best. >> axelrod cited slow job growth, declining wages and growing debt while mr. romney

was governor and the campaign launched a new four-minute video hitting many of those same points. as to the truth behind those claims, the massachusetts economy did do poorly while romney was governor. it's open to debate, we'll talk to his successor in a moment. we'll also speak to newt gingrich who is now supporting mr. romney who is in freemont, california, at a company who got federally backed loans and then went belly up. >> two years ago, president obama was here to tout this building and this company as a -- it's a symbol not of success, but of failure. >> again, just as with governor romney's economic record in office, how much -- open to date, we'll open that debate.

governor duvall patrick. thank you for being with us. there were more mitt romney -- why isn't that a record to run on? >> that is a record to run on. but it's not a record to win on. we were 47th in job creation out of 50 states when governor romney was in office. we were at a time of strong economic growth in the country and we were trailing the country at the same time, he left a structural deficit, although he told me and told the public that he was leaving a surplus and the size of the state workforce grew. he cut education, the largest single cut in education in america when he was here. i think all of those are relevant when you compare them in particular to a governor -- excuse me a president who has not followed the trend as romney did but bucked the trend and turned around job loss and added some 4 million private sector jobs in the last two years.

>> as governor mitt romney, basically had the same job pattern as the president, the economy was in bad shape when he began, he made up ground as the economy recovered and nationally the economy was recovering as well. unemployment was about 4.7%, he also had a democratic legislature and he had to balance the budget every year. >> and every one of us has to balance the budget every year. i have to balance the budget as well. but we have been investing in education, infrastructure, the very strategy that the president is supporting nationally. and our unemployment rate is well below the national average and going down and we're growing jobs faster than most other states, at the time that governor romney was in office, and he's always been a gentleman to me. this is not about a personal attack, it is about a record of job creation and fixing things, which is actually just not born out by our experience here in

massachusetts. >> you have also said that some of the attack on bain capital have been distorted, some of the way that bain capital as been portrayed has been distorted, how so? >> i don't think bain is a bad company, i don't think private equity has an inappropriate role in the private economy. the question is what was governor romney's record when he was at bain? >> the campaign has had people coming forward saying this is vulture capitalism. >> you haven't heard -- anderson, you haven't heard that from me. i spent most of my life in the private sector, i respect bain and i respect bain's role. but i do think it's a perfectly appropriate question to ask, what has mitt romney's record been in the private and the public sector because that's something that he's touting as a part of hiss case. he's created a lot of wealth and i respect him for that. but hiss josh creation record is just not as strong as he is holding it out to be.

and you compare that to a president who has bent the curve, who has been against the trend and turned around national job growth and job loss into job growth. that is about governing for the long-term, not reaping benefits for the short-term and that's exactly the kind of leadership we need in this country in my view. >> romney says he created more jobs in massachusetts than president obama has created. >> i don't think that's factually true, but it is factually true,a when the nation was growing jobs, we were under governor romney trailing the rest of the nation. that is a fact. it is also a fact that in this president's time in office, he's taken historic losses in this country and turned it to a 4 million job gain. that's the point, are we going to govern for the long-term, are we going to continue to stabilize and improve and expand opportunity for people or are we going to go back to policies

that got us into this mess in the first place? >> we see massachusetts residents complaining about new fees under governor romney, calling them an effective tax increase and unfair. you've been governor for a few years now, some of these knees have be -- fees have been in place, they've actually been raised by you. have you been making an effort to get rid of them? >> the point is we actually believe in investing in our future here in massachusetts in this administration and being candid with the public about that as opposed to what governor romney did when he was here wan what he talked about when he was on the campaign trail. he did raise the gas tax and he raised everything that wasn't a tax and it was about the kind of financial engineering to make the books look good without being candid with people about what our challenges were and what kinds of services they wanted from government.

it's an integrity question, not just a policy question. want to turn next to a former romney opponent, a former speaker of house, newt gingrich, speaker gingrich, thanks for being with us. you just heard deval patrick talk about -- why if mitt romney knows how to create jobs was he not able to create more jobs as governor of massachusetts. >> there was 4.7% unemployment, if we were at 4.7% unemployment, 5.5 million people would be back to work. romney clearly had what lower unemployment level and i think that's a fair part of this debate. but i think it also goes deeper, you just saw governor romney out

of -- if obama wants to get into a debate about investments and choices about private sector investment and bureaucratic investment, solyndra is almost a case study in why bureaucrats don't invest state money because -- so called investments are now either going broke, on the edge of going broke, losing money all across this whole zone for example where he was going to get us a million electric cars a year and there's like 5% of that amount despite invested billions and billions of the taxpayers money. >> but in the past, mitt romney had supported government investment in alternative energies in private companies. >> i think there's a difference between the government for

example having a tax credit for wind or for solar or even a tax credit for buying a breakthrough kind of car like the volt, there's a difference between having a tax credit and having bureaucrats dole out hundreds of billions of dollars. so i think it's very important to recognize you had an effort on the part of this information to rush in to do a lot of things to get them to include the bureaucracy, and the bureaucracy didn't have the skills, didn't have the knowledge and wasn't able to pull it off. you're going to see in terms of the wreckage of people being unemployed. >> there was a point for the solyndra deal under the bush administration. but this is not something that the obama administration created. >> but it is something which obama went out and focused on and claimed credit for and

pointed to when he was physically at the plant, pointed to as a shining example of his model. that shining example now is broke. and that tells people a lot. look, i'm not going to say that throwing away taxpayer money is peck peculiarly a democratic occupation. but somebody who understands raising capital and about creating jobs in the private sector. >> i want to ask you about a charge in the latest romney ad in talking about the stimulus. the ad says, and i'm quoting, the inspector general said contracts were steered to friends and family. talking about is solyndra deal. he actually said that his office was investigating whether contracts had been steered to friends and family and so far there hasn't been any cases at all.

only .0001% of stimulus money has been lost. is there criminal activity? perhaps not, is there political influence and connection, perhaps not. how can romney make this charge by friends and family? >> if they're technically wrong, they should change the ad. i think it's to our advantage, we can win this election by sticking to the facts and again the case against obama is so decisive, particularly on the economy, on the price of gasoline, on the size of the deficits, that i think we don't have to exaggerate and candidly, if it's technically inaccurate, they ought to just fix it and go on about their business. >> you ran a tough campaign against governor romney, there was a lot of animosity. now are now on his side, were you wrong back then? i think you came choice to saying he was unfit to be

president. were you wrong them or are you right now? >> i don't think i went quite that far. i threw a kitchen sink and mitt romney and he threw a kitchen sink at me. but with barack obama as the alternative, it's very easy for me to be excited about mitt romney. look out ten or 20 years when my grandchildren are 32 and 30. the difference between america that obama will create and the america that romney will create is so dramatic, i have no problem at all getting over -- it was a very tough, bruising campaign on both sides. i think romney would tell you i hit him about as hard as i know how to and he came back and did the same to me. but when you look at the nation, and you look at what's at stake, there's an enormous difference between where governor romney would take us and where the president is taking us.

syria is at it again, another lie, probably it's most brazen lie yet about the massacre in hula and who's responsible for the slaughter of more than 100 people.

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keeping them honest tonight, more shameless lies spilling out of syria. but before i go on, i want to say that because we have been covering this story night after night, we can realize that it can be numbing, it can be tempting to turn away, deciding you have heard enough.

that is the horror of it. it's the same slaughter, the same brogken bodies of children the same screaming of mothers and father. this is a regime that's more than willing to kill its own people day after day. it is the same day after day, and that is the horror of it. we continue to focus on it because we think it's the only thing worse frankly than these people being slaughtered and the rest of the world turning away there them. tonight new lies coming from the syrian government on the massacre in hula. some of the images you're going to see are very graphic. the syrian investigative panel says the assaad regime isn't to blame for the wholesale slaughters of dozens of children, children shot in the chest, children executed at close range, some with their

throats reportedly slit. the report by the government says that armed terrorist groups carried out the massacre, the same vague entities, the same terms they have been use forgin 15 months now. it's a lie that's been exposed over and over again. >> our reaction to the characterization of what happened in hula, quite simply it's another blatant lie. >> it was the syrian military that started the massacre, the regime used tank and killed dozens. and it was followed up by local -- syria insists that -- when they called for a cease fire weeks ago, that claim takes brazen to a new level. >> they failed to comply with any of the six components of the annan plan, they have continued to besiege population centers,

including the horrible events that happened in hula over the weekend. it puts responsible for this blood letting squarely upon assaad. >> thousands have been killed, of course we don't know the exact number. today there was more shelling in hula and at least 50 people were reported kills across the country. we have seen so many reporters die in syria over the last 15 months, activists pointing cell phone cameras, citizen journalists pointing their cell phone cameras at people firing at hem. joining me now is a par photographer robert king who despite all the risks on the ground was a witness to the intense attack by the syrian regime by civilians. robert, you're in alkasar right

now, what did you see with your own eyes? >> what i saw with my own eyes was that many civilians were dead with many fsa fighters inside a local field hospital in the city. the city was constantly being shelled early in the morning until even tonight, there's still shelling falls. not as much as there were earlier today. and a couple of those shells were hit the hospital, the field clinic, not a direct hit, and wounded some of the medical staff. and so during that time, i saw children, two children that were wounded slightly, and many wounded people in the hallways and the recovery rooms, in the kitchen, whenever there was open space, there was a body. >> do you get the sense that there is targets that they're

aiming at? or is this indiscriminate? >> reporter: if they were targeting this location of the field hospital, that would mean that there would be informants in the city. because the fields are constantly relocating due to the fact that they are the target. but what i saw today was that it appeared that the syrian army's weapons are pretty accurate. within 50 yards of each other. >> the syrian government has continued to claim that they have never, not once violated the cease fire. the u.n. says that's not true, u.s. diplomats say that's not true. the voos that we continue to show show that is not true and clearly what you saw today is more evidence of that? >> yes, it's obvious that the u.n. peace plan is constantly being violated. today, yesterday, there were helicopters in the air, firing. today there were tanks fires. and a part of that six point

peace plan was that all heavy equipment was supposed to pull out of the city. right now there are rumors that there are 70 to 100 tanks that are surrounding the city. all roads are blocked, there's no safe zones there,'s no humanitarian corridors that are open at this time. >> we have been told that other arab governments, qatar, saudi arabia is going to be sending money so they can buy better weapons, and better communication equipment. but you're still seeing poorly armed opposition forces. >> yes, they're still waiting for the communications equipment, they're still waiting for the equipment that the oven has been claiming their donating to the syrian army. >> when they have done their own investigation of the the hula massacre and they say they had no involvement in that

slaughter, and again that it was the work of armed dri ed terror which is the name they have used for the last 15 months. what do the people on the ground think? it seems like in many conflicts of the past, people said we didn't know what was happening there, we didn't have pictures, nobody can say that about what has happened in syria in the last 15 months, not only because of people like you but of citizens who are turning their cell phone cameras on to the massacres in the streetings. why are you there? what are you trying to snow. >> good question. i'm here to help tell the people's story and inform the world that this is taking place and this generation chooses to continue to ignore this, then the next generation, i will have informed ow how complacent the

present condition of the world has been. >> well, thank you for being there and thank you for showing the world yet again what is happening and please be as careful as you can, robert. thank you. >> thanks. >> very brave man, i have said this time and time again, but we cannot say we don't know what is happening, we have seen the pictures for 15 months now, we can't pretend we don't know. coming up a new ruling from the judge on whether sea world willfully violated the savity procedures that left the sea world trainer dawn branch dead. we have new details ahead.

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right. more news next.

a new ruling about danger in the water at sea world and whether or not the company is doing enough to protect its employees. sea world had an investigation over the death of bron brancho

in 2010. remember she was dragged in the water by a 22-foot whale. in a new decision, a judge upheld safety violations against the park and that the recommendation to use barriers to protect trainers is feasible. but it also ruled that it's violation wasn't willful. a statement from the park says in part, we have maintained all along that the aless of willful were meritless and are vindicated that the judge agreed. jack, what do you make of this ruling do you think it's going to hurt sea world and how they do business? >> they had a record year last year. forget the record here, i do know the trainers are no longer -- dawn was a friend of mine and i had to do her funeral. so that obviously was very difficult. when we talk to her parents and

talk to the trainers, she wasn't told to go be a -- exposing employees to serious injury or death. anderson you and i both know, how many businesses does that apply to? how many jobs in this country, thousands of people. i can't believe that statement. we're all exposed -- i didn't take this job 40 something years ago to work with animals to expose anybody to death or injury. and i know from my heart that sea world did not do that as well. no one is forced to go in with those whales, by the way, this is an honor, this is like an astronaut to bring education to billions of people in the last 40 years that have seen these whales. >> the judge ruled that the osha recommendations that sea worlds basically use these barriers to try to protect trainers -- >> the trainers out of the water. what the judge said, was he

agrees with osha that being in close proximity to these top predators is too dangerous and therefore there needs to be some type of protection for these workers. >> so they won't be getting in the water and riding on the whales, things like that. >> they will be. sea world is going to put trainers back in the water very soon. they're already putting preparations to do that. but osha has said it's not really feasible to have trainers in the water with these top predators unless you have certain measures in place. and sea world says the measures they're going to use is like a fast rising bottom of the pool, to beach a whale that's got one of these trainers in its mouth. but osha is not going to agree that that's equal protection to keeping trainers out of the water completely. >> jack, you said that dawn was a friend of yours and she died while doing her work.

there's some folks who see these whales in these small enclosures and say this isn't right. >> anderson, i've been out there in the while with killer whales all over the world. no matter what anybody says, you can do all the research you want to, but what sea world has found out through their research, what they have learned over the last 40 years is invaluable to the survival of the killer whale in the wild. amazing that 40 years ago that you were killing killer whales and sea world got a permit to see six of them. and today about 95% of whales, or 99% of whales, only one or two are left from all those years ago. trust me, i have been going to sea world since they opened in orlando since 1973 or 1974 when they opened down tlvmt it's one of the most lighted things in my life. if you look at the billions of people who went to sea world, they'll tell you what they want to see. it's not a matter that they want

to go to see a trainer get killed or injured. i've been out there for 30-something years, i know how sea world treats their whales. and his book on the -- i think it was called the animal factory and i wanted ed ted to make su the chickens had bigger enclo enclos enclosures. i'm going to say to david, i do everything i can to make sure animals don't suffer and there's animals that no animals in sea world that suffers. >> david? >> there's a lot to respond to, jack, i'm glad you support restrictions on factory farming

and you support animal welfare, i think that's why people criticize keeping killer whales in captivity, the research that goes on in sea world i have seen very many published reports. >> do you think trainers can be in the water safely with killer whales? >> i leave that a to the u.s. government, they say no, my question is whether killer whales should be in captivity period. and my conclusion after doing all my research is no. >> more ahead, we'll be right back. so we invented a warning.. you can feel. introducing the all new cadillac xts, available with the patented safety alert seat. when there is danger you might not see, you're warned by a pulse in the seat. it's technology you won't find in a mercedes e-class. the all new cadillac xts has arrived.

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time now for the ridiculous. and tonight we're having the do it yourself drive through. a guy in southwest ohio apparently had some very hard feelings after he didn't get one of his soft tacos and in the wake of the great justice and being deprived of his taco, he ran his pick-up truck into the taco bell. apparently no one was hurt, but it made a mess of the truck and the taco bell. >> i think he just thought it was another angry customer and that he would get hiss taco and maybe, you know, vent and pull out. but they weren't expecting this. usually people don't run into taco bell intentionally just for

a missing taco. >> that's very true, taco bell employees say when orders are wrong they're used to customers getting kind of sarcastic or rude, they never drive their car through a window. this is not the first time that someone has had a beef with taco bell. one guy got his -- >> what appears to be a 12 gauge shotgun at the employee who ran for cover. >> make a run for the border, run for cover, tomato, tomato. let us never forget the lady in ohio who resorted to fisticuffs when she couldn't get any chicken mick nuggets. there she is right there. the heart want what is the heart

want wants,. she's punching to get better customer service. i'm sure the good people of taco bell will happily give you your hot sauce or your taco. leave the renovations to professionals. we'll be right back. those surprising little things she does still make you take notice. there are a million reasons why. but your erectile dysfunction that could be a question of blood flow. cialis for daily use helps you be ready anytime the moment's right. you can be more confident in your ability to be ready. and the same cialis is the only daily ed tablet approved to treat ed and symptoms of bph, like needing to go frequently or urgently. tell your doctor about all your medical conditions and medications, and ask if your heart is healthy enough for sexual activity.

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we'll be back one hour from now, piers morgan starts right now. >> hi, i'm harvey winestein, you know the movies i have been involved n piers morgan asked me to sit in for him tonight.