we are definitely looking out for you. >> the new york police department sweeps in and evicts the occupy wallstreet protestors. could this spell the end of the occupation? we have the very latest. president blames everyone other than himself for the economic problems facing this country. >> we've been a little lazy i think over the last couple of decades. i can't run into a do-nothing congress. >> senator marco rubio will set the record straight tonight as he unveils his bold plan to put americans back to work. and there's a message from chris

christie for his fellow republicans. >> anyone you underestimate, they are underestimated at their own peril. >> and a reaction to the governor's warning. and plus it's the book that washington politicians do not want you to read from insider trade to go shady land deals, capitol hill corruption exposed in an explosive knew all tell-all. hannity starts right now. >> the left wing occupation here in new york city has come to an end, at least for now. it all started early this morning when around 1:00 a.m. police clad with riot clear began evicting protestors out of the privately-owned park near wall street. police told the demonstrators they would be permitted to return to the property once it was cleaned but many of them chose not to cooperate and more than 70 people were arrested. earlier today new york city mayor michael bloomberg defended the late night raid.

>> this action was taken this time of the day to reduce the confrontation in the park and to minimize disruption to the surrounding neighborhood. from the beginning i said that the city has two principle goals, guaranteeing public health and safety, and guaranteeing the protestors' first amendment rights. you about when those two goals clash, the health and safety of the public and our first responders must be the priority. >> and late this afternoon a judge sided with the city ruling that protestors can't return with tents and are tarps and sleeping bags and other personal belongings. joining me is stewart varney and the co-host of the five, she deals with bob beckel five days a week -- you are a saint. >> and it's his birthday today. >> happy birthday to bob. i wrote a list before i came on the show here. this is what we see, murder, rape, violence, arson, destruction of property, and bright bart had a video,

kern feces thrown at police, antisemitism, drug dealers, drug use, body lies, fifth, et cetera. >> you forgot stds. >> there's sex in public. there's a sexual component to this. >> they had a problem at the park. they were checking people for stds. that's true. this is like one of those feels that mayor bloomberg when he was reading that statement it's one of those times he should have used a teleprompter because he didn't sound like was he saying anything with conviction. >> he put up with this for too many weeks. he was such a wimp about it. >> and the lines, did they labor over that all night long writing the speech? >> the the, he had more convictn

for getting rid of the garbage. they had to set up special tents for women because of the rampant rape that was going on down there? >> where was his defense of the rights of local business owners? where was his defense of local property owners and people who live nearby who didn't want to here drumming night and day, didn't want this filth outside their front door r was the mayor when all of this was happening? he was standing off defending the so-called right to free speech in a private park. president obama may have got a lucky break here because there will be no obamaville in downtown manhattan. >> james coined that term in the wall street journal d you coin it earlier? >> no, it comes from hooverville, did it not? shan'tty towns in washington. >> and the wall street journal and on the web he e-mails it almost every day. one thing about this, as it spread across the country, you

imagine a lot of mayors were look to michael bloomberg and said thanks a lot, you could have stopped this after the second day. instead how many tax dollars are spent to secure the area, pay for the police. and they will have a huge problems. they will be back next week. >> but the president got a temporary break because the emcam meant is going. >> they are coming back. >> but it's a huge embarrassment, they are coming back. they will try to disrupt the new york subway system in the near future and you have occupy berkeley with violence out there as well. this is not going away and the president has embraced this movement. >> look at the pictures. this is the heart and soul of modern liberalism and i would say the decline of america that people feel they have the right to other people's money and they will empower the government to take it from the greedy rich, a narrative the president himself started. >> these people could just as well be in london protesting the

cuts there or greek or rome. they have the entitlement mentality. they want to take it off those who are successful and have it and spread it around in the hope that somehow it -- >> and going bankrupt. >> this is not what america is all about, surely. this is not what we are, is it? >> i heard a great anecdote from somebody. occupy wallstreet was like the guy who stayed at the party and stayed way too long and drank too much and insulted everybody and ruined it for everybody. if they would made their point and gone away and had more of a cohesive unit they would probably have a bigger impact. >> two things i want to ask you about. one is we find out about solyndra. you don't want to miss this coming up later in the program about the corruption. but that is happening where they actually were asking solyndra don't lay off anybody until after the 2010 elections. that's issue one. issue two, look at those policy.

what do you make of newt gingrich's asen dency? do you think he is going to be the challenger to mit romney, who continues to hold a nice, strong, steady number? >> quickly on the solyndra thing i think one of the things the white house should have done immediately early on is ask for a complete investigation so that they could point to that. instead now what they complain about is republicans are so-called cherry picking evidence and putting putting ito there. but when you have e-mails the department of energy asking a company they have given a lone to not to lay off people until after the election in order to help them politically, that's disgusting. that's one reason people like herman cain and he took off because he doesn't sound like a politician. >> solyndra is a huge negative for the presidency but there are others. the pipeline decision, outrageous. >> canada. >> and the statement we are lazy.

where on earth is this president coming from to call americans lazy. and number lyrics it's going happen tomorrow morning, wednesday morning, we cross the $15 trillion mark as our total outstanding national debt. $15 trillion. >> and china is threatening another down grade, stewart. why? because the president can't speak up to them because they carry too much of our debt. >> if we don't get something through the super committee. >> not going to happen. >> if we don't cut the deficit, we get downgraded by moody's. it won't happen. >> the president did say -- >> well, that's going to be another huge negative. i'm divorcing china from europe at the moment. >> he is going to have to pay alimony. >> i'm saying this is an equal opportunity divorce state. we are going to get downgraded. >> all right, guys. good to see you, as always. coming up, the president said the american people are lazy and soft. that means you, and he said

republicans are responsible for a do-nothing congress. but mark rubio is here to set the record straight as he unveils his bold plan here on hannity. and chris christie tells republicans not to get overconfident regarding 2012 and why he is not counting president obama out. and we have the investigation and we have the investigation into government, and we have the investigation into government, ♪ we're centurylink... new kind of broadband company committed to improving lives with honest, personal service, 5-year price lock guarantees and consistently fast speeds. ♪ ♪ that's good morning, veggie style. hmmm [ male announcer ] for half the calories -- plus veggie nutrition. could've had a v8.

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>> president barack obama is hoping to coast into a second term by opening the republicans are responsible tore washington. as he continues to blame the do-nothing congress, as well as americans who have gotten, quote, a little bit lazy for all the problems facing the country, the reality is he's the one kicking up his feet during this time of economic uncertainty. for much of the week the president has been relaxes in beautiful hawaii under the guys of the apec summit. he's at the gulf coast, he's hosted friends. but he says the republicans are to blame for the high employment in america. to shatter that i will laws is florida senator marco rubio. go to see you. i got a chance to watch you speak this weekend when i was in florida and it was a great speech. good to so you. >> thanks for being in southwest

florida. thanks for being a part of that. >> my favorite part of the country. what do you make of the president? this is not the first time he's kind of attacked the american people, the people are a little lazy, he spoke a while back about them getting soft, we lost our ambition, our imagination. what do you make of that? are the american people not smart enough to accept his goodness and greatness? >> well, i think he has it wrong unfortunately for us. i mean, he's the president but he's gotten that wrong. here's the bottom line. americans haven't forgotten how to create jobs or they haven't run out of good ideas. there are a lot of ideas on the sideline wait to go grow jobs and the economy but they are afraid to do so because they think the worse is yet to come. we have a government that's make it harder for people to start a new business or expand an existing business. hardworking taxpayers, everyday people, all walks of life who have good ideas are afraid to do it or pursue them because they

lock at the politics of this administration and washington and it discourages them from following suit. >> something you said about the republicans, that florida -- i was a little surprised at this -- you think it's a 50-50 purple state. i would think that -- first of all, the policy show that republicans are doing very well in florida right now. barack obama is not particularly popular there. why do you think it's 50-50? >> first of all, i think florida voters, when it gets down to elections it always narrows and that's the way it plays out. secondly the president is going to raise more money than anyone has before and he will spend a lot of that in florida to try to win the election. i think earlier today and earlier yesterday we saw governor christie point out we shouldn't take that for granted. yes, if you look at the president's job performance, he's made everything worse. our country today, by every economic measure, is worse off than it was when he took over. based on at he can't run on his record and shouldn't be re-elected but he will raise more money than any candidate in

the industries of the country and they know how to run campaigns and they will spend a lot in florida. it will make a competitive state more competitive than it should be based on his record. we should be cautious of that and understand our nominee, whoever it is, needs to do a good job of creating a clear contrast from the president on the jobs and economy. >> i think one of the best speeches i of heard came from when you talked about your family and upbringing and values and your love of freedom. you said something, i'm not sure if people will take it the right way, you said that the republicans need to tone down their rhetoric on immigration and be the pro legal immigration party. i'm trying to understand, i didn't really understand what you mean tone down their rhetoric because the only thing i see is people want to control our borders, we support immigration. my family came from ireland. i just want you to explain what you meant by the tone. >> well, a couple things. number one, i think we have done a pretty good job explaining what we are not for. we aren't fo amnesty, for example.

i think people know that about republicans. i think now it's tame to talk about what we are for and we are for legal immigration. we believe in legal immigration we think it's an important part of our heritage and future but we can't be the only country in the world that doesn't have immigration laws and doesn't enforce them. i think that's what the majority of americans are for. sometimes when people talk about immigration, there's an anger behind t we need to understand that many who cover the issue are going to portray it that way. if you give strong language on it they will try to turn it into a negative. we can't let that happen. we aren't anti-immigration we are pro legal immigration. that's what the republicans party is b but we need a legal immigration system that honors our heritage both as a nation of immigrants but we are also a nation of laws. if we focus on that and what we are for it will bode well. on the economic issues we should be winning the votes of the americans of hispanic decent because this president has made everything worse. >> tomorrow we will hit the $15 trillion in-debt mark.

we are burdennening future generations with that debt. the super committee, maybe they will come up with $1.2 trillion in cuts but they aren't dealing with baseline budget. even the fed said the chance of a new recession tops 50 percent. what is the answer? how do we get congress really to adopt bold responsible programs instead of basically playing the old washington insider game and just punching around the edges here? >> there are two fundamental things. number one we have to win an election. people that believe in limited government and believe government should be making it easier, not harder to create jobs in america, we need more people like that elected in 2012. but that election is not until november of next year and people are hurting right now. in the interim i think we need to do the best we can without doing any further marm the way the administration would have us do through some of their ideas. what i have basically done, i have sat down with a democrat, with senator coons of delaware and i have identified all the things in common in the jobs

plans and our idea is let's pass those things and we will have an election about the other things. there are some dig issues we disgreet on and that's what the election will have to be decided on. there are things we can do to help veterans and job creation and we should get those things on and have an election. i'm confident if the election is about the proper role of government, we will do very well, the republicans will in 2012. >> a little personal story. i walk in a little late, and you were speaking at the time and you were very gary us and acknowledged me when i came in and i said senator -- i'm sorry, mr. vice president, good to see you, and the room erupted in laughter. and i know you are sick of the question, and i suggested an answer. so if anyone asks you about would you accept the vice-presidency, what would you say? >> well, i have nothing further to add to that than i've already said. >> this is an inside joke. nobody knows what we are talking about. senator, it's great to see you. >> thanks. thanks for having me on again. >> and shady land deals.

a new book is exposing the widespread corruption that exists on capitol hill. the author is naming names and he joins me tonight for an investigative report. and governor chris christie issues a warning to the republicans ahead of the 2012 elections. we will tell you what has him so concerned about the gop's chances. we will have the one and only we will have the one and only ann coulte capital one's new cash rewards card gives you a 50 percent annual bonus. so you earn 50 percent more cash. if you're not satisfied with 50% more cash, send it back! i'll be right here, waiting for it. who wouldn't want more cash? [ insects chirping ] i'll take it. i'll make it rain up in here. [ male announcer ] the new capital one cash rewards card. the card for people who want 50% more cash. what's in your wallet? sorry i'll clean this up. shouldn't have made it rain.

>> the man that some people want to see challenge president barack obama in 2012 now has a warning for republicans who may be getting a little too overconfident about defeat the anointed one and that's governor chris christie. he cautioned people yesterday. let's take a look. >> i think anybody who underestimates the president over the next year, underestimates him at their own peril. these guys have shown that they don't know a hell of a lot about governing, but they know how to campaign. they know how to campaign. i have watched the president since he's gotten into more campaigning, he gets more energized, he gets more animated, he's off the prompter and he's seemingly speaking from his gut. that's the person that people elected in 2008. that's the guy. the guy who has been around for the last three years in the oval

office nobody can really recognize who he is. and so i think that people who believe, because the president poll's numbers are bad or the country is in trouble that he is a shoe-in loser, they're wrong. >> now for reaction to the governor's message is the author of "demonic" and that's chris christie's biggest fan, ann coulter. she was willing to steal his inhaler or as barack obama would say his breathalyzer to force him the rug. >> and, of course, he is right again. he is absolutely right on this point. beautifully point and it's a very important time to say it. i think the big division among republicans right now are those who think, oh, absolutely, this will be 1980, we are running against jimmy carter. he has wrecked the economy like jimmy carter has. we just need to get the most right wing candidate in there and then there are those like me and governor christie who think tell be tough to beat. the most important thing is

defeating obama because we will never get rid of obama care if we don't get rid of obama. >> however the supreme court may get rid of it for you. >> hey, i wouldn't count on that. and, b, a lot of elements of obama care will stick around. we need to put in competition among insurance companies in order to stop this beast from raising its head over and over again. and the way christie put it there is absolutely right. obama and his team, very good campaigners, and they are also dirty campaigners. and something he had the dignity not to mention. look what they have done to herman cain this week. it is straight out of the obama playbook with david axelrod managing to produce, you know, sealed divorce records first against obama's primary opponent when he was running for the senate and then his general election opponent, jack ryan. that's how he became president allowing him to run for president. and now you have the sexual

harassment allegations against herman cain mysteriously coming out of chicago. they are dirty, dirty, campaigners. they have the mainstream media in tir back pocket. and the idea we pick the most right wing candidate without any concern about who is going to win is suicidal for the republican party. >> i'm going to devil into that in a second. i agree, i think it's a good admonition by governor christie. the differen this time is his words are falling flat. he now has a record. i think people are willing to give him the benefit of the doubt, and forget about the media being in his pocket. that's going to continue. but he does have a record, and it's abysmal and i think he has to run on his record no matter how much money he spends demonizing his opponents. who you are specifically talking about, you can't pick the most right wing candidate. >> i think the candidate, it is going to be and is the strongest

candidate to beat obama is mit romney. i'm a little tired of these johnny-come-lately purists. where were they when we were running john mccain? romney is a million times better than mccain. romney speaks absolutely beautifully, he's been magnificent in the debates. i think he's a little bit of a country club republican, too, but let's just get a republican in there and get obama out and as long as we have a republican senate -- by the way, tea partyers, that's what we need to work on, milking up -- picking up the senate. >> i think he's sharper, he's been great in every debate. i think he's done a good job. >> he has fantastic advisors, including judge bourque and others advising him on court appointments. >> but here's a problem he's facing. and this is important. he has had a hard time up until

now. now it's fascinating in the policy, he's the one guy that has remained a frontrunner, has not lost that status from the very beginning. it seems like he is having -- it doesn't seem like, he's having problems with some of the conservative base in the policy there. >> right. that's what i'm saying. the reason for that is, and i understand this, i agree, this seems, feels like 1980. if we had a ronald reagan out there we do probably win with ronald reagan. ronald reagan is not available this year. and romney is well-known to the general electorate. we know what his negatives are but we have to keep cycling through the other conservatives to find out what their negatives are. boy, is the white house loving this. >> well, they went through the same thing. this is the primary process. >> yeah. >> and iowa is january 3rd. so the ball gets rolling in less than two months. you know what, we will find some answers to what is going to

happen. >> well, he is probably not going to win iowa. he is not campaigning in iowa. we have to look to new hampshire. >> what do you think of newt gingrich's rise in the poll? he had a good run as speaker, he took deficits and turned them in surpluses. and i asked him last night about global warming, personal issues. he gave his answers. what do you think about him? >> you know i'm not a fan, and i think conservatives are worried about mitt romney's flip-flopping and ought to look into the record of newt gingrich. i have a link to one article on my website, it will be on ancolter.com -- >> how about herman cain, do you think herman cain can recover or -- for example, his answer has attacked on libya, just like perry was attacked. he didn't remember the third department he would want to eliminate. >> and as you think i know, i didn't think herman cain would be our nominee.

i predict our ticket will be romney-rubio. i would love it to be romney-cain. i love herman cain, he would be fantastic in any administration. the democrats are terrified about him but he hasn't held elective office before. he's been running all the business, he's a ceo. but this is why you need someone not own with political experience but someone who has held office and run in a big enough state that he has had to appeal to get votes from independents, and democrats and women. and that's why governors from small states like delaware, one of my historical favorites, pete dupont, turned out not to do very well. you need someone who has run, for example, from the entire state of massachusetts, the entire state of new jersey, the entire state of california. that shows you some elect ability, from practice at politics that they can speak well. >> let me say this in closing.

we are running out of time. >> romney is the first republican who can talk since ronald reagan so that's good. >> that's a plus. i can tell you right now any of the frontrunners or even people in the back of the pack will be in finish italy better than obama. and in the end this is what is going to happen. the people, tea party members, conservatives, moderate republicans are going to have their chance to voice their opinion, and whoever they pick they better get behind and support. and i can accept anybody in the field. i have a big problem with ron paul's foreign policy. that would be problematic for me, but you know what? i would vote for him over obama. >> and what i think republicans should be and con serves tis, people who care about this country should be looking at is not just can you check off this issue, this issue, this issue, but who can you send in in the debates against obama? i think hands down that's mitt romney. >> ann coulter, it's always good to see you. >> good to see you, sean. >> and you did not get to call

me names like last time. a gossip i old woman and brat because i didn't ask you about your dating life. >> and i miss doing that. >> and listen, you might sue me for harassment by the time this is over. [laughter] >> thanks for being with us. coming up next, it's the latest controversial book that washington does not want you to read. our investigative report, author is here exposing the dirtiest politicians. you are not going to believe how corrupt people in washington are and he is naming names. that and our great american panel straight ahead.

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>> it is washington d.c.'s dirtiest secret and most scandalous double standard. if you and i did it we would go to jail. but for elected officials in washington not only is it completely legal burke it's business as usual. in his new book, peter exposes how lawmakers on both sides of the isle come to washington with

modest means and then using their power use those means to make themselves wealthy through insider trading, crony capitalism, and guess what, it's all at your expense. now after two years of painstaking research to connect the dots of corruption, he is now revealing the results of his study and making his case to clean the house in washington, including naming names of who should be the first to go. throw them all out. and how politicians and their friends get rich off insider stock tips, land deals, cronyism that would send the rest of them to prison. it hit the bookshelves today. joining me is best selling author, peter schweizer. this book blew me away. we all watch martha stewart. i like the way she handled her case. she sucked it up, went to jail, and went on with her life. that was insider trading. a relatively small sum of money. >> right. >> you are saying that everybody

else in the country if they do it they go to jail, but congressmen, senators, it's legal. >> right. >> insider trading is legal. >> yes. >> so if you have information about a drug company that's going to be affected by medicare and you are a senator, you can trade on that information. >> john kerry. >> in the case of john kerry there's evidence it happened. in the healthcare debate there was a massive trading of stocks by all sorts of people and they did quite well. that's the problem, the way the laws have been designed and set up, they don't consider private information they hear behind closed doors to be nonpublic information, which is a ridiculous standard. >> let's go through some of the examples. forks we are all worried the crash, the fall of 2008, just before the election. there's ben bernanke, all the financial guys in the room, congressmen and women in the room. they get insider information about how bad the economy is and what they are going to do to deal with it.

>> exactly. >> what happens? >> what happens is they have the small meeting. everybody has to turn in their cellhones because they are so sensitive about the information. the next day literally congressman go out and sell a lot of shares. we have some congressmen that go out and short the market. they buy option toss short the market betting or knowing that it's going to go bad. spencer, he was at that time the ranking republican on the house financial services committee. he's now the chairman literally he sat in on these meetings, he's named in the memoir that describes the conversations and some days he had four options trades and made tens of thousands of dollars while the market was going down for everyone else. >> you talk about one congressman that had 90 trades in a day? >> yeah, miran. he sold 90 company stocks the day after the meeting. when you look at his financial

disclosure, in 2008 i didn't have any capital gains but he actually had capital gains because he got out before the real crash happened and a lot of them did. >> john kerry is writing healthcare legislation, knows who will be impacted in a positive way and what does he do in. >> he trades stocks. 2003 the pharmaceutical extension of benefits for medicare, he has 111 stock transactions involving big pharma. he was bullish. 103 of those transactions were purchases. >> so disgustingly corrupt. >> it's amazing, and again, it's completely of legal. the ethics committees, both the house and senate, have nothing to say on the matter. the senateeth licks manual has several paragraphs on the incorrect use of senate stationary b says nothing about insider trading on the stock market. it's outrageous.

>> but it's a real legal exemption you are talking about? >> yeah. the way the legislation was first put together and now the case law and how the fcc has chose tone interpret it. >> here's what i don't understand. as many democrats you mentioned in the book and some republicans. >> yep. >> but the very same people that demon eyes wall demonize wall st and the front. and one is nancy pelosi. explain how she's benefited from using insider information. >> let's assume for a second you are a united states senator that i think would be a great idea. >> a bad idea, peter. >> but if i gave you $10,000 cash, sean, both of us are going to go to jail. >> that's called bribe bring. >> exactly. but if i give you shares or access to ipo shares and you net $100,000 in a day, that's completely legal. and that's what happened in nancy pelosi's case. she gogot privileged access to o

shares in visa stock that was impossible for anyone else to get. even the big investors said we can't get enough of this. she got $220,000 -- >> because of her position. >> and literally they made $100,000 in one day because of that transaction. and this happened at a time -- >> and 60 minutes actually confronted her on is it and she just lied. >> yes, she did. >> and for all the world to see. i actually think your bookin' spared 60 minutes to actually go back to some real investigative work, and i give you a lot of credit for that because the case you layout in this book is so overwhelming. who else are we going to discover in this book in terms of corruption by congress and the senate and what they do and how they take advantage of their position and information and benefit personally? by the way, often at the expense of the rest of us. >> that's exactly right. you have stock market that we talked about and you also have what i call land deals. this again is completely legal and the ethics committees have said it's okay.

let's say i'm a senator and i buy farmland. a former speaker did this. i buy the land, put an earmark into legislation to build with faction payer money a $220 million highway running right by this property. that is announced. i'm then able to sell that real estate for twice, more than twice what i paid for it. in his case about $2 million he made in one year in the transaction. >> he knew this was in the hopper? >> oh, absolutely. >> they know this property is going to be worth more. >> yes. >> so basically they take advantage of the owner because the owner could have gotten that money. >> exactly. they do it and turn it around. and they put light rail systems through their houses, all sorts of things to enhance the value. it's legal and ethical and it is a scandal. >> and they might change the law. already people are proposing law changes because of your book. it's having that big an impact. >> senator brown and some colleagues have introduced legislation to outlaw insider

trading on the stock market. they did it this afternoon. >> they get angry when wall street does it but it's all right for them. >> that's right. >> and we will be back next week to talk about the solyndra green energy and you have it lot on that. great book, great research. let not your heart be troubled, the great, gre

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momentum. >> iowa is all about confirming or defying expectations. if romney comes out on top or second place he's probably fine. but he has gingrich, who has a huge bump. but you have to be careful because you can think back to 2008, my former boss came in fourth in iowa and ended up capturing the nomination. >> i think it goes to the diversity of the republican electorate. it's a thoughtful electorate at that point. we say do we want to be over here with paul or here with gingrich? these are varying view points in terms of these candidates and shows the diversity of thought. >> and you have romney, too. >> right. >> the one constant has been romney. many people have come up and down, and now newt gingrich, probably the timing couldn't be any better for him as he now has dramatically increased in the policy. do you think he is the biggest challenge to romney? >> this is the time to do it.

if he doesn't do it, then i believe romney will be the nominee. >> look, it's been very volatile. romney and ron paul have stayed pretty much where they are for a long time. everybody else up and down. only not carnack but i predict cain will lose the points and it will go to gingrich. a lot of the stuff going on with cain, and i don't mean the women, but the thing with libya and his trip-up in mill walk is probably going to cost him some points and it's probably going to go to gingrich. >> do you agree with that? >> i do. it showed a tired mr. cain. i felt badly for him. >> on the libya question? >> yeah, i felt badly for him. >> it came off the heels of rick perry's tough moment. >> it's tough. if someone speaks four hours a day, i'm kind of sympathetic. >> he's been under intense pressure day after day after day. i think he had the thoughts

right in terms of what he was saying but he wasn't putting it together in a cohesive way. >> but is that the guy you want to go up on a debate stage with barack obama? >> exactly. that's why we are seeing gingrich gain a little bit in support and romney hold on. we are looking for someone who can meet or beat president obama on stage." gingrich has got the intellectual firepower but he doesn't have the organization, he doesn't necessarily have the self-discipline, and he's got a track record -- >> hasn't he showed a lot more discipline than what maybe people remember from ten years ago? we did an interview last night and i asked him about the past, i asked him about different positions. and he talked, well, i'm a different person, i'm a grandfather. i've been out of public life for a long time. i've discovered faith in the interim. i thought he gave a very powerful answer that, you know, because i said, are you expecting, now that your poll numbers are up, are you expecting the fire? he said if i can't handle this, i can't be president. >> and that is the right

response. that is the correct response. and i think that's part of what you were getting at with mr. cain. why we feel for him on some level because, hey, you are in, you are in the zone, you are going to get hit from all around. >> but this is information about newt gingrich. if he's going to do it, this is the time. >> and romney has had great debates. i thought he's done well and newt has done well. >> it's depressing to see so many people looking for anybody except romney. >> we will to take a back. more with the great,t, copd makes it hard to breathe, so i wasn't playing much of a role in my own life, but with advair, i'm breathing better so now i can take the lead on a science adventure. advair is clinically proven to help significantly improve lung function. unlike most copd medications, advair contains both an anti-inflammatory and a long-acting bronchodilator, workintogether to help improve ur lung function all day. advair won't replace fast-acting inhalersor sudden symptoms

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>> now we continue with our great american panel. 28us code 455, a supreme court justice, if they have expressed an opinion concerning the merits of a particular case in controversy while they served in a government employment position, should recuse themselves. two elaine that you, who was slit tore general, who wrote "lawrence tribe" i hear they have the votes, does she meet the standard, should she recuse herself from the obama care case? >> i think she's is nine months pregnant on this. i'm not the legal expert but it's a damaging trail here and we are going to pick this up on the phone and i don't think anybody in washington d.c.

missed that signal. so this seemed to me to be almost why that statute was written. >> almost verbatim. >> almost verbatim. >> i don't think they have a right on this one. there's been calls for her to get off before and calls for justice thomas to get off, which are wrong, but i'm not sure it meets the requirement under the statute. i can guarantee that she's not getting off. >> and she has the choice. >> she has the choice. it's her choice, no one else's choice, no one else can do anything about it. >> thomas got off the vmi case when his son was a student there. >> sure. she has to examine her soul and think am i compromised, can i be fair? i think the americans will be look to her to make that choice, will i be fair or compromised? >> but she was excited about the vote. it says if you have expressed an opinion on the merits of the case -- >> knowing what i know about her

i anticipate she would be excited and joyous about it. >> that's one vote for obama. >> absolutely it's a vote for obama care but i don't think she's getting off and >> i think it's going out of the window, not just the mandate. the whole thing at fault. but how does that impact the election? >> i think people say in a very practical way, what we're doing thaul time, playing with this. should have been creating jobs. >> why don't they allow us to go to court now? >> i think it -- i believe we've gone down. i think this