democratic party. the battle of the grass roots. targeting the protesters even using the movement to try to rally. one member said the protesters are angry while members are happy warriors. developing now, teachers involved in the massive scandal in atlanta, georgia. they could not only lose jobs, but also could lose licenses and never be allowed back into the classroom. >> happy birthday, mr. president. >> hillary swank with a world leader accused of massive human rights violations. what the actress is saying now. >> i'm tan ron hall. the big divide in the republican race for president and a shock by herman cain. cain is the new gop front-runner

according to a poll. he comes out on top with 27%. rick perry comes in at 30 with 16% of the vote. when you compare them to august, cain picked up five times the support and romney flat line and perry lost more than double. is cain the flavor of the week or month or a real threat to the g gop establishment and pick of romney. here's what cane h to say. >> there is a difference between the flavor of the week and haagendaaz. >> joining me now on syndicated radio, msnbc contributor, michael smir conish. with that said, is herman cain the really deal in your thoughts?

>> i think he has saying power because there is a core constituency on the right within the gop that is not teafed are mitt romney and will never be if he is the nominee. they may regard him as the lesser of two evils against barack obama. as herman cain moves from novelty to perhaps front-runner, with that becomes a lot of scrutiny. the front page about 999, a great example of what's to come. >> according to the pollsters, when they went to follow-up with the collect small group of people that were poled, cain is say good guy and he gives direct answers. he is succinct and is not a politician. they have a list of reasons why cain is supposedly can't win. they talk about the new attacks from other rivals and the tendance to make potentially damaging statements. he has no political advisers and

wells fargo investment adviser who drafted that 999 which is being scrutinized by many and some said he is paying more attention to book sales and trying to sell his book than he is on the campaign. >> it's funny you say that because i have been after him to come on my program and i got him for tomorrow and it's clear to me i better be talking about the book. he's the antethesis of what we are used to is the republican side of the aisle. that's one of the reasons why there was a yearning for chris christie. he is not the conventional blow dried politician. nor is herman cain. there is a yearning among some that they want it to be different. they don't want a conventional politician. >> some people say no way in their thoughts he can get the nomination here, but they believe herman cain is a vp pick if mitt romney goes on to get the nomination. what do you make of that thought

process? >> i think there is a lot of time on the clock and we will learn a lot more than we know right now. i don't see him in that role having read the book and having become more familiar with the man. he seems more like the ceo type than the assistant vice president. i can see chris christie in that role if he were convinced that mitt romney needed him and the two can win. a lot left to play out. >> there was an article that passed saying herman cain's ice cream choice, they don't even sell it anymore. i hope that's not some kind of sign of things to come. >> that's how he stays fit. he is not eating the ice cream. >> i look forward to the interview tomorrow. thanks. we now know the name of the man who police say opened fire on a southern california hair salon eving eight people dead. 42-year-old scott evans decry

was arrested moments after and charged with murder. a custody dispute was at the heart of the motive. the suspect entered without incident about a half mile away from the shooting scene. >> when they took his shirt off and he had body armor on under his clothes. >> i think it was a loud noise and that was why everyone was curious. it was a gunshot and it was time to go back in. >> one of my friends was shot that i had known for 25 years. >> toni beginiard from knbc is there with the questions that remain. >> absolutely, tamron. there is overwhelming grief here to the community uncustomed to this kind of violence. the city had only two homicides

over the past five years and now they are dealing with the death of eight people in the same day. it all happened here. take a look behind me. you see the cloud of people off to the side of this hair salon. members of the media and the community coming to pay their respects. the shooting happened at salon meritage. some are leaving flowers and others are standing silently to say say prayer. the suspect's wife worked here and they were aware of the custody fight between the suspect and his wife over their young son. just about everyone who was there seems to be in shock. there was a feeling as i said of overwhelming grief. we are waiting for the police department to release the names of eight people killed as well as the woman who survived. we do know at this hour that six of the victims were women and two were men. this community is one where everyone knows about everyone

else. everyone is waiting because there is a mix of customers and employees working there. we are waiting for that right now. back to you in the studio. >> thank you and now to the trial of michael jackson's doctor where prosecution could call the last witness today. they grilled a sleep expert over the use of drugs for treating insomnia. claiming that one showed he showed promise to help patients sleep, but they understand until further studies are done, that should never happen. >> they were performing an experiment in a highly monitored setting. in standard practice, particularly in a home setting, it is absolutely incomprehensible and unacceptable. >> legal analyst ann bremner, thanks for your time. we are hearing about insomnia

and propofol. we are hearing an art regarding conrad murray and his agrees to an interview with police after the death of michael jackson and if he had not agreed to that interview, he probably wouldn't be changed right now with a lot of what he said and has been played in court in the interview that got him in this situation. >> absolutely. thanks for having me. i saw the same article and it's true. they said he would not be charged if he remained silent. 2 1/2 hours worth of information for the police led to his being charged. he administered the drugs and didn't call 911 and there was a gap in time he was trying to wean him off propofol and other drugs. everything they needed he gave them in a statement. it's like the old saying, a closed mouth gathers no foot. i rarely recented my silence. especially in criminal law. he would be a free nan he hadn't

said anything. >> it was interesting because we don't expect him to take the stand in his own defense, but that's what we are seeing here. the prosecution used their own words and there has been talk of the defense saying he orally fuel-injected the propofol on the heels of him saying he administered it on his own. this is positioned against what conrad murray said in his interview with police. . >> absolutely. the thing is about the oral medication, they are giving up evidence and they're not giving up a defense. he could have fuel-injected himself. it was impossible for him to kill himself if he injected it orally. he couldn't ingest enough to die. they were not giving up anything, but saying we don't want to go into this when it's impossible for him to have dieed from an oral ingestion. it's interesting in this term as

they go to the defense to see what they do with that. the injecting himself is the equivalent of what casey anthony said caylee died in a pool. you can't prove it. it could work. we don't know. >> the last witness for the prosecution could be called later today. thank you very much for your time and analysis. just ahead -- >> one will be voting to say what women can die on the floor. >> strong words from nancy pelosi as she goes after republicans over an abortion funning bill. details that president obama vowed to veto if it passes. the tea party versus occupy wall street protesters. members of the tea party are now trying to pull up dirt on the protesters, looking for evidence of bad behavior and union ties. plus -- >> so really truly, this is a great honor to learn more about

and you your country and what we are building. happy birthday, mr. president. >> not a happy moment for hillary swank. she is fored to issue an apology after she praises a leader who is recused of grave human rights violations. more and more folks are trying out snapshot from progressive. a totally different way to save on car insurance. the better you drive, the more you can save. no wonder snapshot's catching on. plug into the savings you deserve, with snapshot from progressive. a vacation on a budget with expedia. make it work. booking a flight by itself is an uh-oh. see if we can "stitch" together a better deal. that's a hint, antoine. ooh! see what anandra did?

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president obama insisted the u.s. can support the allegations iran was behind a plot to assassinate saudi arabia's ak bass dor in washington. he would not take options off the table in dealing with iran. he spoke at a joint news conference with south korea's president. >> what we know is that an individual of iranian-american

decent was involved in a plot to assassinate the ambassador to the united states from saudi arabia. and we also know that he had direct links, was paid by, and directed by individuals in the iranian government. >> the alleged plot involved bombing the diplomat in a restaurant and the saudi embassy and the israeli embassy. hours from now, the house is set to vote on republican sponsored bill to restrict abortions. it's designed to amend the new health care law to prevent federal subsidies to pay for health care plans that cover abortion and offers legal protection for hospitals that refuse to perform abortions. in february, she described her own personal experience with a

miscarriage. she made wnchs to that heart break again today. >> i was pregnant. i was miscarrying. i was bleeding. if i had to go from one hospital to the next, trying to find one emergency room that would take me in, who knows if i would even be here today. >> back at this topic again. you have critics who say the president would veto the bill that came through of this kind. >> this is an interesting issue it comes up every few months. make no bones about it. the law of the land already states quite clearly that no federal funs can go to pay for abortions. that's the law of the land since 1976 in the hyde amendment and it's attached to every bill. what this fight is about is for

any heangt plan that occurs and will be on this exchange that any plan that that covered abortion, even the to receive the plan paid with the abortion with their own money under this law. that would cease to exist because it allows someone to pay with their own money. it's overreaching and something that is quite frankly a real red meat as one said to me and when you ask withins why did they bring this up this week with the nation's unemployment rate at 9.1%, the answer was in our place to america as we ran on 2010 and we are keeping our word and voting on it. there is a not of approval for this on the gop side. it will pass, but they are not beating the drum in a pro rights manner. they realize the country is very much focused on unemployment right now. that being said, this causes

very em passioned debate on the house floor. republicans saying there should in no way have any type of federal imprint on anything that can go towards abortion. democrats are making a plea and calling republicans me soj niftic because of their viewpoints on this. there is this idea that those who do not perform abortions will be given the right to continue that under any circumstances and the idea behind that is in the case of rape or incest or a mother who should carry it out and there will be no prosecution they did not. that's why you let women die. in theory, women want to go to a hospital and they could let them die. most likely that would not occur. >> let me transition you to what's going on in the senate. leaders are presenting their alternative jobs bill.

senator john mccain and rand paul among others. what can you tell us about this jobs plan. >> what you see here in the last few days is with the rejection of president obama's jobs plan, president obama said to republicans, show me what you got. the house republicans said for a long time that was part of that and what you are seeing from john mccain is a thing called the jobs through growth act introducing with rand paul and basically it's the same type of stuff we have seen. it's a lot of deregulation and reformation of the tax code and intended to try and help the job creators and hire more individuals. you also see a strong call for a balanced budget amendment and something that makes it the law of the land not to run deficits. if that were to occur, huh interesting decisions on what would become this offense and health care. more of the same ideas we have seen from the house and this time coming in from the senate where the common ground is, it's not clear at this time.

>> thank you for updating. appreciate it. >> herman cain's relationship with african-american voters and claiming he is a clear and present danger to the democratic party. >> new fears after a deal is reached on a prisoner swap between israelis and palestinians. we will have the latest for you and -- it's okay for cereals to use cartoons to market to kids. what do you think? is it a good idea? it's our gut check. first, in today's money minute, how the markets are doing right now. we'll be right back. [ male announcer ] tom's discovering that living healthy can be fun.

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black community. as a republican candidate, can cain sway them away from the democra democrats? larry elder had this to write. he said "cain is a clear and present danger to the democratic party and their invaluable near monolithic black vote. he represents a hardworking explain spoken republican southern black mann. he calls out the democrats for creating a sense of entitlement. joining me now to talk about this is analyst and contributor. thanks for your time. >> always a pleasure. >> what are do you think of larry saying that cain say clear and present danger despite the fact that herman cain offended a number of people by saying there is a plantation mentality and he doesn't believe that racism exists. no one holds you back? >> yeah. dream on. that's fantasy land stuff. he said all of those thing

skpchs more about race. he said that if i run and get the gop nomination, i will get about 1/3 of the african-american vote. that's fantasy steph stuff. they like to believe and every survey has shown clearly there is grumbling about president obama from some african-americans and yes, some say he should do more on the issue of unemployment and poverty, but clearly the support is there. iron-clad support. if the election were held today and next year, nothing is going to change. 90 to 95% of african-americans based on everything i have seen still clearly are clearly in the president's camp. cain, the gop and strt gists would like to think his campaign and candidacy is going to pull african-americans away, but there is absolutely no evidence to support that. >> in the nbc poll that came out in a matchup, president obama versus cain, obama has 49% of

the vote and cain 38%. larry elder makes the point that his views, meaning herman cain are more in line with the black vote and pro traditional marriage and points to more pro vouchers for inner city parents than the typical non-black democrat. he is saying his values and where he stands is in line with a lot of african-american voters. what i mean by a let, who knows. this is a point that larry elder is making. >> african-american conservatives and those in line have been saying that for years. there is truth to that. we are talking about social values and social issues. that is separate from political issues and values. going back 60 years with all the social conservatism of african-americans and many of the columnists which is true. at the same time during the

decades, we have seen consistently african-americans by 80 to 85 and with president obama and bill clinton, 90% voting democratic. vote are for democrats up to and including the president. what would make anyone think that's going to change? >> because people believe that black voters vote because they are black. are that's nonsense, but what people choose to assume. >> some people choose to believe that and some people clues to believe in santa claus. they vote their interest and that's not going to change in 2012. dream on. >> thank you very much. greatly appreciate your time. >> always a pleasure. >> coming up, scott brown points a congress at his staff after it is revealed his website plagiarized another famous republican. a huge fallout from a major

teacher cheating standal out of atlanta. how teachers must be punished as a result of this investigation. a lot of kids affected by this "news nation." most powerful trading app ? total access - to everything. from idea to research to trade. including financials, indicators and real-time streaming quotes. whether you check your investments every day or every minute, our app can take them from thought to trade. at scottrade, seven-dollar trades are just the start. try our powerful mobile app. it's another reason more investors are saying... i'm with scottrade. any sec---o-m-g dad, you are not meeting him looking like that. i look fine. just a little trouble with a bargain brand cooking spray. quick, hide yourself behind the butter. do i embarrass you? yeah. i told you like a gajillion times to use new and improved pam so you'd come out in one piece like those muffins up there. look i gotta go. have fun cupcake! i will totally die if you call me that in public ever again.

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it's the starbucks via® taste promise. look for it at starbucks stores and where you buy groceries. battle of the grass roots movement. hunting for dirt on the occupy wall street protesters trying to delegitimize the group. blackberry admits they let down customers with a major outage. service has been restored, but can their reputation be restored? hillary swank is now apologizing after she attended a birthday bash for a controversial leader. protesters in new york, scrambling to tidy up the site against the park's owners. the set up shop after 27 days will be forced to leave temporarily.

protesters see the cleaning for employees to dismantle the demonstration and kept the park tidy a new support said they are launching attacks against the protesters, trying to delegitimize the movement of accusations of drug use and extremist behavior. we are joined now by money and politics reporters. thanks for your time. >> my pleasure being here. >> members are hosting things they found online and photographs and other things. what is the strategy here? does a tea party see the people who were protesting in new york and around the country as a threat? >> it's clear that there tea party groups that want to draw a bright light between the prohesters and themselves. they are not just explaining about this, but raising money. they are saying that we need to sort of decide that we are going

to own this grass roots movement and they are raising money for supporters for this. >> the director of freedom works is quoted and said that the occupiers of wall street seem very truly very unhappy and angry. he went on to say that the tea partiers are cheerful and happy warriors. the people who were protesting raised over $200,000. do we have any idea how much they raised while they attack the people who were occupying wall street? >> it's unclear yet how much they have been able to raise, but they are actively seeking out images and videos of the occupy wall street protesters. defying police and violent clash ar s. they are not going to be acquiring political power any time soon.

>> thank you very much, abby, for your time. israeli radio reports that a soldier will likely be back in israel. final details are being worked out in a deal that israel struck with hamas to bring him home. under the deal will be exchanged for more than 1,000 prisoners. middle east correspondent martin fletcher, it's good to have you. initially israelis rejoiced that the young man would be brought home, but now worry that the 1,000 prisoner, some of them murderers and some accused terrorists would be back to fight against israel. >> you know first of all israelis will actually see this. the son of every israeli. a hold in gaza with no fight. there is the fear with 1,027

people being released, half were serving life terms for murder according to israel. the fear is they will be back on the streets and back against israel. there is another new center whose lopsided exchanges in 83 if they release 4.5,000 prisoners. many of those people did go back in to fight. that's what they confirmed about. >> the help with the prisoner eh change, there have been others in the past and the timing of this could be seen as significant with both sides at least not being able to agree even on the negotiations to talk. >> it's such a complicated issue. at least this issue now is being set aside and the issue of the kidnapped soldier is off the table. for the families and the 1,027

palestinian families and the family members are back home too. what does that mean for peace talks in the future? probably nothing at all. >> again we will be back perhaps by next wednesday. that will be an image to see after five years of being without his family. >> and i emphasize, it will be amazing for him when he comes home. it will be amazing for thousands of families. >> that are cannot be ignored. appreciate your time. another dramatic turn for the former chief dominique strauss. a look at stories around the nation. prosecutors's offices dropped into a writer's claim for now the only legal case against him is a civil suit filed by the hotel maid. in georgia, a committee is recommending eight teachers and three administrators accused in the cheating scandal lose their

licenses. they are expected to vote later today. >> the company behind black berry is apologizing to millions after three days of e-mail outages and limited access. they say all of the systems are up and rung and unless the stock is down more than 2% alone. the senior writer for cnet.com. i was on the trine a fellow train coming from philadelphia to new york. i couldn't believe how many people were confused by what was happening and ready to throw their blackberries away and ready to put them in their pockets or purse again. other than the apology, what are they saying to make sure this doesn't happen again? >> the ceos were telling reporters and investors that they are looking for the root cause of the issue. they still don't know what exactly caused this problem. there was a problem with the hardware and then the mechanism

didn't kick in. they are still trying to figure that out. they said this was a very unusual circumstance. they don't expect it to happen again. certainly it only needs to happen once to really get a lot of customers angry. >> this exposed this problem with that and a problem that exists regarding the future. especially when you look at the competition with android and iphone and the popularity with both phone systems. >> they had outages in the past, but the last one was over two years ago. the last major one that is. the circumstances now are completely different. you have the iphone 4 s which is launching tomorrow. that phone who surpassed many milestones in terms of sale when is it went on preorder last week. that's supposed to be a big one and you have also god android which is going to make a lot of

sales this fall with a bunch of new devices coming out on that. the competitive landscape is much, much different than a couple of years ago and they are in real trouble. >> senior writer, maggie, thank you very much. i'm sure a lot of people are happy they are getting their e-mail today with blackberry. still to come, new details on the celebrity hacking standal. hear why the men arrested said he did it. he is now talking. first, there is a lot going on today we thought you should know. the presidential candidate, rick perry's wife got emotional saying her husband has been attacked from all sides because of his faith.

[inaudible] he is the only true conservative. well, there other conservatives, but i feel like we are here. >> senator scott brown is plamg his staff for what's being called a situation regarding a post on his website identical to a speech by elizabeth dole. they were using the speech as a template for his website and they say it was an innocent technical error. you could soon be busted for a dwe in the chicago area. that is driving while eating. they are considering banning eating behind the wheel, calling it a distraction. those are the things we thought you should know. i'm not a number.

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. herman cain's rise and congress declares war on women. stay with us. back to tamron. >> thank you, martin. a two-time oscar winner are taking heat for appearance on a lavish party on a man with a record of human rights ah buss. michelle kosinski has more. >> what a birthday it was. music, acro bats and some have

labeled torturer, they spared no expense with special guests, oscar winning actress, hillary swank. >> i love to travel and see the world and see different cultures so really truly for me this is a great honor to learn more about you and your country and what you are building. happy birthday, mr. president. >> i love you all in my heart. >> and not so in love human rights group urged performers not to go there and human rights watch who accused them of torture, repression, making people disappear and he is stunned they did. >> for the past eight years, the rise to power and through his leadership, he had a terrible human rights record.

>> one group called him a war criminal. this rebel who owns a gold-plated hand gun likes to dance and at age 30, he told a russian newspaper a woman should know her place. she would be man's property. another quoted him defending honor killings. so why would celebrities want to party with someone like him? the answer is often, money. super stars, mariah carrey, beyonce, usher, lionel richie, nelly furtado all performs at events earning up to $2 million each. some later gave the money to charity. now it's unknown if this million dollar baby and fellow star would appear for this.

this swanky event sure was that. >> that was michelle kosinski reporting. hillary swank released a statement apologizing for the appearance at that lavish party for the president. let's get more from our columnist. you have this apology? >> i think she raised air great point saying why would somebody want to celebrate that sort of thing? is money the draw. hillary swank in a statement apologizes and said i thought it would be a celebration for the city. you saw in a piece there a very newly built extravagant-looking downtown area. she thought she would be supporting the complex and instead, this is according to the statement she reads, hillary said i deepry regret attending this event that was for my commitment for the protection of human rights.

i would never raise doubts about such commitments. obviously she is not what she signed up for. she said happy birthday, apparently she was told before, remember to say happy birthday. it was one of these occasions where she was swept up, adding to this scandal is that there were rumors that fuelled the performers of one of the events. usually there is video of some sort that comes out if a person does perform like jean claude van dam. no word that he was actually there, but controversy if he was, was he paid? moving on, yesterday we bought news about the celebrity hacker saying he was arrested in florida. the hacker is apologizing for what he did, realize it's 121 yearings. if found guilty of all the charges in federal prison, he

said i will let you watch for yourself. i'm sorry. >> i'm sorry. >> you are sorry? is that what you are saying? >> who are you apologizing to? >> i got up on scoop online, the longer interview that cheney did with local fox affiliate, talking about how he got wrapped up into this hacking. how he never intend for it to become this and he feels extremely bad and it was a real addiction for him. he was relieved when the authorities came in and said okay, we need to keep your computers out. that meant it was going to be over if he was going to be facing penalties. >> and then ghost busters. you are a fan of the 1984 coming

back to theaters today. it will be about 500 theaters across the country and a single showing of the film. >> i never have seen it. >> i never got a chance to see it. >> i did not. i'm going to. it's a tragedy. just add it to the list of tragic things about me. this thursday. i will see ghost busters. i will have a review for ow the scoop. logon to scoop.today.com. i hear it's a classic. i will see it. >> coming up -- >> the government won't force companies to pull their famous cartoon characters from ads. is it a good idea? that's our gut check. tinuous am. only one calcium supplement does that in one daily dose. citracal slow release...

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>> e-mail me at "news nation" or tweet us or leave us a message on facebook. so many ways to reach out. we are always reading and responding. some of the nation's leading experts and advocates think it's a big enough concern to cut the ads of the famous cartoon characters. >> it shapes the whole way they think about food. unfortunately the kind that is marketed to charge as desirable to eat is light years away from the diet that is health to eat. >> the food industry insists that taking nutrition seriously and reacting to the obesity crisis in the nation, the government offered a voluntary guideline for food manufacturer. those include suggest maximum levels of fat, sugar and salt and asking the industry to stop

advertising the most wholesome foods for kids under the age of 17. is the government right to allow companies to continue putting cartoon characters on cereal boxes and other junk food? go to "news nation" to cast your vote. about an american production company's movie about the july shooting rampage that had in norway that left 69 people dead. survivors and families are outraged after they were posted on you tube. 83% of you said yes and 17% said no. i will talk with the president of the martin luther king,jr. memorial project ahead of sunday's big dedication. martin bashir is up next. emergency crews are prepared. they're in place. all we can do now is watch. wait. wait a minute. there's a truck.

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. >> it's thursday, october 13th. here's what's happening. >> woe we won't take any options off the table. what you can expect is that we will continue to apply the source of pressure that will have a direct impact on the iranian government. >> the first public comments about a bus that killed a diplomat, a plan that was foiled by the fbi. the united states can support all of the allegations and said the world should know this is the reckless and dangerous behavior that defines the iranian government. two men, including a member of the foreign actions unit were charged here in new york with conspireing to assassinate the ambassador