>> seriously, is this a free country or what. it's getting to the point where you can't even put up a nine-foot gargoyle with full frontal nudity without anyone complaining. but fear not edgy artists of the world, your work will always have a home in the museum of the ridiculist. that's it for us, thanks for watching. "erin burnett" starts now.

which the u.s. ambassador lost his life. the talking points, of course, as everyone is now aware said that the attack was spontaneous and based on a movie. do you blame her >> yes. the cia talking points don't discuss a video. that's an embellishment which susan rice that demands answers. we still don't have clarity. she has not apologized for it. she didn't set the record straight.

in fact if we go back to the september 12th e-mail within the state department we told the libyan government the truth but somehow susan rice days later on the sunday talk shows didn't tell the truth and never clarified the record. >> you just brought up those emails and i have them here, 100 pages. i've read them. it's a pain staking process. i know you've read every word of these as well. these are the discussions that went on in washington about those talking points and what was going to go on, what was going to be in them. you have david petraeus in there, mike morell, you have people from the white house, do you not havasu san rice. there's no e-mail in here. there could be other emails but from what we have nothing from susan rice. if she wasn't involved in discussions for the talking points or advocating watering them down or changing them how can you blame her? >> she did deliver them and what's concerning is you don't have all the emails. the american public doesn't have the emails. the media should be demanding those. they released emails 100 selected that deal with the 14th

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our second story "outfront" defending the taliban. so today a military judge told the fort hood shooter major nidal hasan that he has until monday to prepare for his defense. now, in his defense, it's -- it centers on this. he says he was protecting the taliban leadership in afghanistan from the u.s. military. that's his defense. chris lawrence reports. >> reporter: an army major's revelation of why he gunned down fellow soldiers and civilians is giving his victims new evidence to label him a terrorist. >> pow, pow, shooting every where. >> reporter: this retired soldier was shot in the neck, with 32 wounded, 13 others died. nidal hasan says he acted in

defense of others and when the judge asked him who he was defending, hasan said the taliban. >> anyone who knows the facts know that this was a terrorist attack. >> reporter: the obama administration has refused to call it that. but officials are pushing back at critics who accuse them of labelling it nothing more than an office shooting. the army sent a letter to congress saying there has been no decision to classify this shooting as workplace violence. before the attack hasan exchanged 20 emails with a cleric. the evidence indicates this was the alleged criminal act of a single individual. >> just to say he's a terrorist doesn't really explain what he is. terrorism is a tactic. he used the tactic of terrorism. >> reporter: this professor is a former military lawyer and terrorism expert. he says hasan's new admission

clearly shows that he's identifying himself as an enemy combatant in league with the taliban. >> what caused him to do it. he's a radical islamist extremist self-identified with the taliban. we should refer hasan as a jihadist. >> if you're saying you're defending the taliban that defines you as an enemy combatant. if hasan sees himself as a jihadist can he use that as a defense given the government isn't calling this an act of terror? >> the judge gave him until monday to prove to her that it's a valid defense, erin and military experts i spoke with said they don't give him much shot with that. this is a very narrow defense and that there's no way that he

can sort of stand in the shoes of taliban leaders half a world away and say i had to defend them at exactly that moment. but, even if the judge doesn't allow it to be used as an official defense, it probably will not stop hasan from blurting it out at some point during the trial. >> thank you very much. appreciate it. now to new information tonight about the accused cleveland kidnapper. now there are jail they show ariel castros is off suicide watch. that's according to your affiliate woio. investigators are questioning whether or not he had plans to abduct a fourth woman. now the reason for this is police apparently have found chains and tie downs in his attic bedroom. castro was charged with the kidnapping and rape of amanda berry, gina dejesus and michele knight. the women as we all know now escaped from his home in early may and "outfront" tonight scott taylor the investigative reporter for woio. you broke this news. you went through the jail logs. what can you tell us? >> reporter: he's off suicide prevention watch. he's in another part of the

jail. he's all by himself. and right now he's refusing his medication. he's done that twice in the last couple of days. we're not sure what his medical concern is right now. he's also for the first time getting out of his cell. he's been out of his cell for 20 minutes at a time, able to exercise when he's in his cell. he's exercising too running in place. they write down every ten minutes exactly what's going on. also for the first time in the last three weeks they allowed him to bring a tv into the cell believe it or not on a little table. they roll it in and roll it out. it goes on and on watching tv. but he's only allowed to watch local programming, local news, local shows nothing on cable, no cnn, nothing like that. >> pretty amazing he can exercise and watch tv. >> now what about this fourth victim what are your sources telling you about whether he was about -- he was in the planning, for getting a fourth victim. >> reporter: my sources are telling me they believe that

ariel castros was in the planning stages, believe it or not to get rid of these girls. now that's their quote to get rid of the girls. we're not exactly sure what that means. my sources also tell me that he really never wanted to keep these girls for as long as he did. remember michele disappeared in 2002 then amanda a year later then 2004 gina dejesus. that's pretty amazing. he wanted to get rid of them. whether that meant freeing them or something much more. sinister, you're unclear. >> reporter: tie downs and chains were in other places of the house as well. my sources are saying they don't believe that's exactly what he was planning. >> thank you very much. we appreciate it. of course i know you've been breaking a lot of the news on this story. still to come the national highway traffic administration,

chrysler said no. no recall. just now a source close to the situation tells our poppy harlow will take the fight to court. poppy is "outfront". >> this is the motor city. this is what we do. >> reporter: a company back from near ruin. >> detroit showed us it can to be done. >> reporter: bold ads proclaiming its come back. in another bold and rare move chrysler is saying no to uncle sam. >> chrysler refuses to recall millions of jeeps. >> reporter: no to a recall

recommendation from a national highway traffic administration or ntsa involving 2.7 million jeeps. chrysler is defying the government that bailed it out to the tune of $10.5 billion, most of which chrysler paid back. this is what's under dispute the safety of this gas tank right behind the rear axle. ntsa say there's a rick of fire if fuel spills in a rear end crash. chrysler insists its jeeps are safe. so how far is chrysler willing to take this battle? a source close to the situation tells me all the way to federal court. saying that the decision to refuse the recall went to the top. chrysler's ceo. the jeep grand cherokee is one of chrysler's most profitable vehicles helping fuel the company turn around and key to its future success. >> chrysler is back.

>> reporter: bankrupt in 2009 chrysler turned a $1.7 billion profit last year and made 166 million in the first quarter of this year. >> most of us did not think chrysler would even exist at this point. i want comes at a very important time for chrysler. so my concern is that it would affect their whole reputation and image. >> reporter: in fact an automaker hasn't challenged a recall decision since 1996 and it was chrysler. it was over seat belts and chrysler won in court. >> is this a very bold move and highly unusual. standing up to the government when everybody falls into line. >> reporter: especially after toyota's massive 2009 recall which tarnished that automaker's stellar repudiation. chrysler is taking the heat on social media. one post what is more important profit or lives? but chrysler is standing its ground tweeting we accept recalls when warranted and have done voluntary recalls without ntsa action. >> it's amazing that they are standing up to the government. tell me how this works.

chrysler makes these cars. government is the watchdog. who knows better uncle sam or chrysler. >> depends who you ask. let the market decide. if people stop buying these cars. others say you can't have a company regulating itself. what we know now is that chrysler and ntsa have been looking at this, talking, negotiating since 2010. they had their sides delving into it. now this happened. what happens next is that they will formally submit a response. then a public hearing. then this can go all the way to federal court. chrysler will take it there but here's the risk. one former ntsa agent said to us then you could have victims families testifying, that does not look good for chrysler whether they are in the right or wrong whatever is decided. you have that. and you also have the fact that you got about 2.7 million cars, these cars on the road right now. there's a lot of questions that are coming up.

but i think it's a very, very fascinating move and it's one that i wasn't that surprised to see out of this ceo who took over this company and led this stunning turn around and it's very bold and going to be fascinating to watch. >> takes an italian to tell the u.s. government to go to heck. thanks very much. poppy harlow, amazing story. still "outfront" amazing story of the little american girl we told you about. the government told her she was too young for a lung transplant. george zimmerman's lawyer has a list of things they don't want said during his trial and we'll tell you what's on that. plus an 84-year-old woman wins the lotto. she's 84 years old, all right. so here's the reality of this situation. should she take the lump or the annual payments? hi! hi, buddy! that's why the free wifi and hot breakfast are something to smile about. now, get great getaway rates and feel the hamptonality

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we start the second half of our show with stories where we focus on our reporting from the front lines. i want to begin with an update. the tsa reversed course to allow small knives on commercial flights. so instead the tsa will continue to enforce the current prohibited items list. which, yes, still technically includes liquids at less than 3.4 ounces. so there we go. that's why i have problems. the decision comes after a flury of criticism from major u.s. airlines. a former transportation department inspector general has been telling "outfront" the idea defied logic because each knife would have to be measured.

tonight a suburban mother by day is in jail for what she was allegedly doing by night and i'm not talking about some of the thing you might think. it wasn't ahong those lines. this she was a farmer and growing pot. andrea from scarsdale, new york has been arrested. agents found a warehouse filled with more than 3 million bucks of marijuana. the 45-year-old is very concerned about her two girls. if convicted of trafficking she faces a maximum sentence of ten years in prison. when all she was doing was trying to pay for their college education. samsung may be stealing apple's thunder. there was a report sent to "outfront". it indicates samsung's smartphones out sold apple's iphone in the u.s. last month. the analyst believe samsung dominated on the strength of its products passing apple for the first time since the launch of the iphone 5.

it comes a day after a trade agency said some older apple products can't be sold in the united states because they violate a samsung patent. the mystery is solved. 84-year-old gloria mackenzie is the winter of the second largest jackpot in history. she waited 18 days to claim it. she will take the lump sum option and she's 84. you can say that makes sense. now she has to figure out how to avoid the estate tax so she can give the money to somebody other than the government. what are we doing to get our credit rating back. the stocks dropped shortly. the dow below 15,000. there's concern the federal reserve will stop funneling money into the u.s. economy. there was data that showed this country added fewer jobs in may than expected.

our fourth story out front a new shot at life. tonight you may remember we told you about this story. 10-year-old sarah moynihan needed a transplant in order to survive a step closer to actually get transplant. we told you a little bit about this story and it seemed like she might not get help. hours ago a judge ordered the government to temporarily waive a rule that prevents children below teenage of 12 from getting adult organ transplants. jason carroll is "outfront". does this clear the way for her to get a set of adult lungs or not. >> quite possibly could. when i spoke to sarah's mother this afternoon, she was so excited. she said everyone in the hotel room was literally jumping up and down. this is a huge legal victory for sarah and other children like her. sarah's family says she definitely has a better chance of surviving.

this after late this afternoon federal judge in pennsylvania ruled in favor of a ten day temporary restraining order basically telling the secretary of health and human services kathleen sebelius at least for now to allow her to be put on the adult donor list. i'll read you part of what the judge said. it says in part to immediately cease application of the under 12 rule as to sarah murnaghan so that she can be considered for receipt of donated lungs from adults based on the medical severity of her condition. sarah has late stage cystic fibrosis and for the past 18 months she's been on the donor list children not adults. her parents say she will likely be put at the top of the list based on her critical condition. this all comes after they filed the lawsuit in an attempt to prevent secretary sebelius from enforcing that policy which basically prevents children under the age of 12 from being put on that adult donor list.

>> so jason, the secretary sebelius has been -- she's wanted to stay out of this and we got -- >> she tried. >> 75,000 people on this list once you get involved in one case every one is heartwrenching. what is she saying now? >> yesterday she was at the budget hearing in washington, d.c. and then everything changed and she was actually asked about the case. she's basically saying she doesn't have the authority to change the policy. but, obviously, she also said that her heart goes out to the family. she says that, you know, making these life and death type of decisions is always difficult. she also pointed out there's some 40 other adults who are very sick, who are also waiting for transplants. and so it's a very difficult situation that sebelius is in. we actually reached out to her to try to get more clarification

in terms of where she stands. she did order a transplant policy review but, obviously, the family is basically saying we don't have time to wait for a policy review. something needed to be done now. that's why they filed the lawsuit. and clearly they got the legal decision that they were looking for. the question now is can they find a donor in the next ten days. that is their next hurdle. >> that's obviously a very short amount of time and life at stake. jason carroll thank you very much. i want to bring in our legal analyst, sunny hostin. you hear her story and it's heartbreaking and you see the little girl and hear her talking and you want her to get this transplant. >> course. i have a 10-year-old son and i take off my legal hat and put my mommy mat on my goodness what a wonderful ruling for this little girl. in a way that's the problem. i have the order and the order really specifics just for this little girl just for sara i imagine there are other families all around the country that are thinking well my little girl or

little boy is sick as well what does this mean for me and i think erin when you look at the case it doesn't mean anything for the other 70 some-odd thousand people that need these organs. this is just for little sarah. while a huge victory for sarah, i don't know what it really means because basically in two days this, you know the department and sebelius can try to dissolve that temporary restraining order and will they do that? i wonder. because this is such a popular decision that this judge came down with. >> you have the media attention on it. media attention, it's a heartwrenching story. i would imagine of the 75,000 people waiting for transplants every one of those stares is heartwrenching if you were to watch a television piece about it. helping one person and not those others when there are choices that must be made because there isn't enough for everyone. >> that's right. >> you realize it's not that

easy. >> the thing that could come out of this, let's say the department doesn't challenge this tro which is an extraordinary thing. federal judges are loathe to grant this type of injungtive relief. it happened here. in ten days if they don't challenge it there will be a preliminary injunctive hearing. if the status quo remains the same and this little girl remains on this other list or eligible for these other adult lungs then perhaps this will affect the pool. it's a stay tuned because the legal hurdles aren't really over. i'm hearing everyone say huge legal victory. there are other steps involved. >> legal victory for one person. >> one little girl. >> that's important. >> clearly we need to change the system. clearly. >> sunny, thank you very much. now to demands from george zimmerman's lawyer. so the attorney is asking a florida judge to prevent what he calls inflammatory words and

terms from being used at trial. he worries about jury prejudice. i'll share with you what he put on the list. he wants profile, vigilante to be banned along with the phrases wannabe cop, and he confronted trayvon martin. as you can see these are not just words these are phrases that he thinks could induce some way bias. zimmerman is charged with second-degree murder in the shooting death of 17 naerld trayvon martin. jury selection is set to begin next week. "outfront"ing tonight our criminal defense attorney. mark when you look at this list banning the phrase he confronted trayvon martin, banning the word profile how likely that a judge will go along with this? >> i think he may go along with some of them but definitely not all of them. what the defense is attempting to do is what the state did last week. these are called motions in limine. they are claiming the prejudicial value far outweighs

probative value and shouldn't be permitted in front of a jury because it's meant to arouse fashions of the jury rather than sticking to the facts and evidence of the case. the judge will keep some out that might suggest that, that there's more here than the evidence, that they are really going to try to inflame them by showing he's a vigilante or something like that. some areas are really hard and i don't see the judge granting that. >> now i guess i don't under the whole country involved in this case. everybody who is on the jury is aware. so how does this make a difference. the phrase he confronted trayvon martin. i mean i don't get how removing that makes a difference. >> well, everybody who is familiar with this case, everybody watching your show is familiar with the case but not everybody is watching this case. some just simply remain to stay ignorant as far as what's going on with the news and around them.

and so to go ahead and color this and to make it prejudicial one way or another the question could be reversed. if in fact doesn't make a difference then why use them, why take a risk that you'll be putting up word that are inflammatory and meant to arouse passions rather than sticking to the facts and the evidence is what a jury is supposed to be about. and some of these are really close as far as, you know, they shouldn't be used but i don't think the judge will limit the prosecution because some of this is simply the theory of the prosecution's case. >> right. i guess you shoot for the moon and you go for a million phrases and hope they take out the two they began with. that's the nonlawyer speaking. anyway thanks very much to you mark. still "outfront" first lady michele obama goes head-to-head with a heckler. was her reaction appropriate? plus the french have declared war on amazon. we're not talk being about the river we're talk about the american company. later something no one has seen for more than a millennium.

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welcome back. we're back with tonight's outer circle where we reach out to our sources. tonight we go to turkey where protests continue. some have turned violent others have turned more peaceful. ivan watson is in istanbul and i asked him what's happening there tonight. >> reporter: erin the less pressure from police and more

conciliatory tone there's been from the turkish government the more joyous this scene has gotten here in istanbul where we've hardly heard the crowd chanting for the prime minister of turkey to resign, instead we've heard concert, we've seen drum circles, and dancing here. people camping out in what could almost be described as a counter culture festival. now we know there have been violent clashes in other parts of turkey that the riot police cleaned out demonstrators with water canons in the capital anchora. there's clashes in a southeastern city. some biggest groups of union labors have gone on a joint strike against the government. though the government has apologized and promised to ensure the rights and the lifestyle of those people who haven't voted for the turkish prime minister. >> our fifth story "outfront" the first lady face to face with

a heckler. now the confrontation unfolded last night. it was a private fundraiser. it was an exclusive fundraiser. so you had to pay money to be there. first lady michele obama was speaking when all of a sudden a gay rights activist interrupted her demanding the president sign an executive order on gay rights. >> we have an obligation to stand up for those kids and i don't care what you believe in, we don't -- wait, wait. one of the things. one of the things that i don't do well is this. >> okay. so that's how it started the first lady then left the podium and as you will see in this exclusive video she didn't go sit down. no. she went over and she confronted the heckler. >> need your husband -- >> all right you guys.

no. >> no, please don't leave. >> now according to a poll report, somebody from the press who records this the first lady threatened to leave if the heckler didn't quiet. three people who dealt with their fair share of hecklers are here. i think we've all dealt with that in our own way whether online or however you want to talk about it. dean, what do you think about how the first lady handled the situation? obviously i'm looking for an appropriate word it angered her. >> this is not good. you're the first lady. michele if you're watching i'll give you free tips how to deal with hecklers. the first thing is, you don't leave the podium. i don't care if you're first lady or corporate executive. let them get their message out. you finish your speech or engage, like president obama, let me finish my point. >> and he fixes them with the

icy stare. >> he does that. but don't look angry. or use humor, but it's hard for someone who doesn't use comedy. it's fun when everyone laughs at the person heckling you. you can plow through it or engage them. this is a small function, she's the first lady, get your message out. instead, it's all about the heckler and her message. that's what the heckler wanted, to get you angry and off your game. >> she lost her temper. stephanie dean isn't the only one to think michelle obama happened this the wrong way. it was tweeted, i like the first lady, but her confrontation with this heckler was not her finest moment. stephanie, did this reflect poorly on her. >> i absolutely disagree. you don't heckle the first lady of the united states, particularly at a private home. that is not how you speak to the first lady of the united states. and by the way, i'm gay. and i agree with what the activist said. there is a way to say things and a way in which to say them, erin.

and this administration, the fact is, has done more on gay rights than all of the previous administrations combined. so is there a point that we get to where we go this is just rude? you don't yell "you lie" at the president of the united states during a state of the union. i just feel like this administration has been shown unprecedented disrespect. this -- she's not a comedian, dean. you don't heckle the first lady, and she's supposed to have a snappy comeback. >> she looks snippy and angry and that's what's coming out in the media and that's not what the first lady is about, frankly. >> go ahead. >> i think she looked human. and this is why the american people like the first lady, even better than they like the president of the united states. and they do. because she reacted like a human being would. look, i am just grateful this wasn't some kind of right wing heckler as a conservative. and what i think what michelle obama did was long overdue. it was completely unacceptable, i don't care what your cause is, whether it's the tea party or gay rights or anything else. you do not interrupt,

particularly at a private session like this. leading politician trying to make a point. and for the first lady to do this and basically say -- >> something, or anything is a sign of the apocalypse. you're both wrong. the way she dealt with it was really beneath her. >> i feel that a worm hole has just opened in the universe. michael medvedev and i agree. it's rude! >> hold on. let me ask you something else, though, about the first lady. about the first lady. she is very disciplined but we do see unscripted moments. she lost her temper at the heckler and dean may think it's inappropriate and you may think the heckler shouldn't have done it to begin with. what the inaugural luncheon? i want to play it when john boehner was making a comment and michelle obama -- actually, i love this. she just rolled her eyes. there -- i mean -- now -- right. and then john boehner -- i mean, i just find that amazing. again, it's a human moment.

but -- was that a mistake? i mean, she doesn't realize the cameras are on her sometimes or michael, do you think that's just another example of well that's why people like her, she'll roll her eyes at john boehner. >> i think that was a mistake and i think that's also why people like her. what i'm reminded of here, there was a big incident in the truman administration, where a music critic for the "washington post" named paul hume gave a really nasty review to truman's daughter, margaret. and truman wrote him a letter which was immediately publicized, basically threatening to beat him up. and everyone said, oh, this is so terrible, it's beneath the president of the united states. >> it's totalitarian and fascist. >> sometimes you have to react to people being jerks in a very definitive way, and i'm glad the first lady did it. i've never approved of anything she has done as much as this. >> wow, well, i have to say -- >> listen, aaron, i roll my eyes every time john boehner talks, so i'm afraid you're going to

get stuck in my head -- >> that's a totally separate conversation. all right, thanks so much to all three of you. appreciate it. every night -- ♪ every night we take a look outside the day's top stories for something we call the "outfront" outtake. tonight, the french culture police are at it again. and you know how obsessed we are with them. in the past few weeks we told you how the french government declared war on smartphones and american slang but now they're taking aim at a new american target, amazon. the french government has declared that the online retailer is destructive for french bookstores and france will do what it needs to do to keep them safe. the country's culture minister, aurelie filippetti, a novelist herself, said she is currently investigating how to slow amazon's growth in france so traditional stores don't get put out of business. her ideas include limiting the company's ability to offer free shipping and banning discounts over 5%. now, as many of you know, we have fun with the french whenever they introduce one of

these nanny state policies, we have a lot of fun at their expense. but this time, i proudly side with france. i miss bookstores and there is nothing like walking around in a shop looking for a book. someone like me reads a few books a week and i want to wander for hours picking up book after book until i find the right book for me. i honestly do not give a hoot what people who bought this book also bought. i buy so many worthless books that way, jeff, you can do better than that. amazon might be faster and cheaper. but you don't find the same special books there, and amazon has killed off a lot of bookstores. books are the raison d'etra for so many people. artifacts that have not been seen for more than 1,000 years. hi, buddy! that's why the free wifi and hot breakfast are something to smile about. now, get great getaway rates and feel the hamptonality

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later, a team of underwater archaeologists led by frank gotio rediscovered the city. today we get the first look at what they found, colossal statues, tens of thousands of pieces frozen in time at the bottom of the sea. experts estimate it could take as long as 200 years to fully reveal what they have. it's an amazing discovery, and it shows maybe there is an atlantis out there. but there is also the reason we have to continue to travel, investigate and explore. i love visiting ruins like the city of pom pay, and i know you don't always find things as amazing as a lost city, but if keep searching you find something no one else has seen before.

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