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p. what's keeping republicans from buying her explanation? >> plus, did one senator cross the line during questioning? lot of the people talking about it. and president obama commends a senate committee for reaching a milestone decision on health care reform, but he's still pushing hard for changes to the system. and number 18. there's another ethics complaint against sarah palin. all this as she injects herself into a national debate over energy policy. good afternoon, everybody. i'm david schuster, live in washington. >> i'm tamron hall, live in new

york. the big picture for us today, judge sotomayor's third day in front of the senate. more questions about her record and role of ethnicity and gender and the law. though very little about her actual record on the bench. republicans appeared unconvinced by her explanation of her wise latina remark. we just saw a short time ago, senator al franken wrap up his questioning of judge sotomayor. she will go behind closed doors to answer a few more questions, presumely about her health. she has suffered from diabetes since a child. today, senator john cornyn of texas returned to the big issue. >> are you standing by that statement or are you saying that it was a bad idea and you -- are you disavowing that statement? >> it is clear from the

attention that my words have gotten and the manner in which it has been understood by some people that my words fail. they didn't work. >> do you stand by your words of yesterday and when you said it was a failed rhetorical flourish that fell flat, that they are words that don't make sense and a bad idea? >> i understand that some people have understood them in a way that i never intended and i would hope that in the context of the speech that they would be understood. >> right now, these are live pictures of judge sotomayor being questioned by senator franken. she will go behind closed doors to answer personal questions. norah o'donnell is live on capitol hill. many people are wondering if this is like the movie

"groundhog day." especially when it comes to the wise latina speech. >> one republican strategist said to me today, using the song, will the real senator sotomayor -- judge sotomayor please stand up, please stand up. that's the republican's charge. they don't know who the real sotomayor is. it sort of feels like groundhog day, but today was more about the hot button issues like abortion and gun rights. that's really the headline out of today, that judge sotomayor refused to be pinned down or reveal her own opinions about abortion. in particular, she told john cornyn that no one in the white house asked her views about abortion. she also told republican senator coburn, who is a doctor in the

senate, that she would not answer his hypotheticals on some questions he asked. he has delivered thousands of babies. he asked her today would she support a woman who had a 38-week old fetus, almost turn 38-week old fetus, almost turn and2+°$ fetus had spina bif da, would it be legal to abort that fetus. she said she wasn't going to even imagine that case unless she had specifics. so in many different instances, we learned very little about judge sotomayor's views on abortion. gun rights was also a big issue and also some of the color was pretty interesting, too, about perry mason. we learned from judge sotomayor

that she grew up, she had diabetes, so she read a lot of the nancy drew books. she watched a lot of perry mason and that's where she drew her information. senator al franken, said that he, too, while she was in the bronx watching, he w ining mipzd said pretty unbelievable that we're both here today and i'm questioning you as you're about to become the next supreme court justice. >> andrea mitctchell saying thi is well on its way. what happens next? >> we're going to see the senators go behind closed doors. they're going to ask private questions about her private fbi record and maybe about her health. she is a diabetic. she is a broken ankle. they've kept the temperature

turned down very cold in part because of concern about her health, so that would be behind closed doors. then she will come back for the second round of questioning. that's right. that's the groundhog day part. >> we haven't even heard from the witnesses, at least one of the firefighters from the new haven case. thank you very much. and in the bigger picture today, judge sotomayor once again faced questions by republicans about her philosophy on making law versus interpreting the law. here's another change with senator john cornyn, republican of texas. >> do you believe that judges ever change the law? i take it from your statement that you do. >> they change, can't change law. we're not lawmakers. but we change our view of how to interpret certain laws based on

new facts, new developments of theory. >> richard wolffe, an msnbc political analyst and professor, start with you, republicans are convinced that there's no inherent rights of privacy that liberals sort of see a right to abortion in the constitution. so when they get to this whole making the law versus interpreting the law, that seems to be reading between the lines. following up on what norah was reporting, not getting into abortion law, is that appropriate for a nominee? >> this is really what we see playing out in all hearings. there's a question as to whether or not the judge is going to be an activist and it's often seen through the lens of abortion. they look at roe versus wade as

beyond the constitution to insert rights. generally speaking, the nominee will say look, i'm going to obey the precedent. i don't believe in judicial policymaking, but there is a right to privacy. >> richard, in terms of the political side and we may see the picture go dark here, so if you see the camera shut off, that's why. republicans are under tremendous pressure by their base not to confirm somebody who may be seen as possibly pro-abortion rights. politically, given the fact she hasn't really gotten into that, do they still have enough cover to say wait a second because she hasn't offered any details, we're voting against her? >> they're republicans, they're trying to take down the

president and white house and this is a good way to show difference. that's why the debate goes to property rights, gun rights and this general idea of the role of a judge and whether she is too biased because of her ethnicity. now, this isn't really about sonia sotomayor. it's about republican politics, defining the white house and democrats in general and frankly, both sides are talking past each other. they're talking to their own bases and interest groups. it's got little to do with the supreme court nominee right now. >> thank you both. we are going to continue to monitor the hearings and see what comes out. also of course, senators may step out to the microphones and we'll watch that. >> we're hearing a lot of people say that maybe both sides missed an opportunity here. they're talking a lot about the speech still and hypotheticals

and not getting to who judge sotomayor is. that's not really for her to lay out. isn't that for them to question and bring out who would be in this appointment for a lifetime? >> absolutely. the witnesses are taught, don't volunteer information. wait for people to drag it out and then volunteer information. so it's really not sonia sotomayor's responsibility to say hey -- >> answer when asked, right? a senate committee became the first congressional panel to act on the president's call and it is now a very loud call, for health care overhaul. >> the house committee approved a $600 billion bill to expand health insurance to nearly all americans. it would require individuals to get insurance and forcing employers to contribute to the cost. >> this is the bill we have been waiting for. it's only right that the bill for which americans have waited

60 years should come to the committee chaired by ted kennedy. >> the vote was right along party lines. the ten republicans on the committee voting against it. gop lawmakers continue to argue the cost of the bill would break the cost would add to the deficit. now you have the senate committee with a bill that's on the table. you have one in the house as well. there's the white house of course overseeing the negotiations and how they move forward. meanwhile, at the white house today, this day did mark a dramatic and aggressive approach by president obama in the overall health care reform debate. >> top white house aides now say the administration is willing to move forward if necessary without any republican support. without any republican support and today in a campaign-style speech nd rose garden, the president offered some of the strongest rhetoric we've seen.

>> the status quo is not an option. it's threatening financial stability of families of businesses and of government. it's unsustainable and it has to change. let me be clear. if you like your doctor or health care provider, you can keep them. if you like your health care plan, you can keep that, too. but here's what else reform will mean for you, and this is for people who have health insurance. you will save money. the cynics still doubt this, but it wasn't too long ago that they doubted we'd be able to make real progress on health care reform and thanks to the key members of congress, we're closer now than ever. it's now up to us. we can defer tough decisions for another day or step up and meet our responsibleties.

>> the white house came on the hill and also proposed a bill yesterday. house democratic leaders agreed on a $1.5 trillion plan. the transformation would be paid for in part by imposing a surtax on families making more than $350,000 a year. both the house and senate will begin a period of reviewing the bill known as a mark-up, where negotiations often intensify. taking a top negotiating position with republicans. >> hillary clinton delivered a major foreign policy speech this afternoon in washington. it marks her return to the world stage after being sidelined for four weeks with a fractured elbow. she deplored iran's crushing of decent after last month's

presidential election, but the secretary of state said the obama administration still wants talks over the nuclear program. >> we cannot be afraid to engage. some suggest this is a sign of nooifty or repression of their own people. i believe that is wrong. as long as engagement might advance our interests and values, it is unwise to take it off the table. >> tomorrow, secretary clinton leaves on a trip to india and thailand. tragic news from iran today. a passenger jet crashed today killing all on board. it had just taken off from tehran. the plane crashed with such force that it made huge crater on the ground. the weather was good. a mechanical problem is suspected. and when we come back, congress wants answers from the

cia about the secret counterterrorism program. so, will house democrats push ahead with an investigation? plus, police are still searching for two more suspects in the murder of a florida couple. and still trying to figure out after 30 days of training for a crime, how suspects did not know that the home was equipped with surveillance cameras and that is a good thing in that the video helped authorities make yet another arrest. it. my doctor said the bayer aspirin saved my life. please talk to your doctor about aspirin and your heart. i'm going to be grandma for a long time. i know when it's the perfect time to change my tires. when it comes to shaving i know when to change my blade. (announcer) gillette fusion's indicator strip fades to white when it may be time to change. fresh blade. better shave.

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we have some developing nus in the murder of a wealthy florida couple. >> in less than an hour, we're expecting another news

conference. we don't know, we do know, police are looking for a new person of interest. they want to find this woman. pamela leverng long. she's a real estate agent. >> reporter: i have the sheriff with me, david morgan. let me just ask, you put out a search request for pamela long. where does that stand right now? >> we're going to release that information in about 40 minutes. we want to thank you for all of your support and participation in this case. >> reporter: why are you looking for her? what could she potentially bring you? >> she has a long association with one of her suspects in custody. she was his landlord. we know she's had a long association with him, his family, his children and his

wife. we know that associate continued up until the day of the murder of the family, so we would like to speak with ms. long. did she have any information that may be relevant. >> reporter: what can you tell us about the second person of interest? >> this person will be tied to the alarm system and surveillance system at the compound and we want to speak to this individual about what occurred that day. >> reporter: where are you currently in your investigation? you said you have the seven people on the property involved in the invasion. there's always the question about the second layer. what can you tell us about the investigation in that record?

>> this reminds me of the pentagon. just when we think we are complete, another is added. we are continuing to follow legitimate leads because we owe it to the scitizens. >> reporter: do you think there are other people behind this? >> indications at this point, yes. >> reporter: can you give us anymore beyond that answer? >> not at this time. >> reporter: so the news conference today is to talk about miss long and the other person? possib possibly. >> reporter: i know the federal authorities were called in a couple of days ago. what's the purpose of their involvement? >> i'll leave that to the appropriate agency. >> reporter: generally, why would the feds need to come in? >> we use them for ballistics testing. they have an affiliation in this case from that perspective.

>> reporter: you say maybe you'll regret hum dinger, but is there still a shocker to come this this? >> i think the scope of this, i know that it's a shocker. it shocked the sheriff's office and as we continue on with this case and it goes to the prosecution because so many things that we can't speak of because of florida law will be then put into the public. >> reporter: we're grateful for your time. see you in about 40 minutes. you heard it directly from the sheriff. we'll hear more in 40 minutes and we'll bring that all to you. we don't know if they have found pamela long. also, the issue of the security camera. they do not believe that the seven men did that thinking the camera was still operating. they can thot believe, with all the planning, they would have

allowed the security camera to stay on. they consider a mistake was made. they believe there was someone who should have been involved in turning those security cameras off so they could go in there with a big, red van and not be seen. unfortunately for the people involved in the illegal operation, they were spotted because those cameras were on. back to you. >> i wonder if you can give us the latest in terms of the motive. where does it stand? tamron and i were just blown away yesterday when the sheriff was taking about how this had been planned for so long. what about the motive in these murders? >> reporter: a stated motive is one they're talking about, which is robbery. a safe, they say, was taken from the house. they do not say what's in the

safe. what was found, whether anything was found. the sheriff has hinted there may be other motives. a contract killing or search for jewelry. they can say as far as they know, it was a robbery, but there is a suggestion that there might be something else. a lot of speculation, nothing firm at this time, but that's where the investigation seems to be going. >> all right, mark potter down in florida. tamron, of course, we're going to carry the news conference live at 4:00, but again, you think the motive was robbery, but what takes someone beyond a robbery to. >> dave niehaus: to kill. >> there are reports that one of the men may have done odd jobs around the home and that's how they became familiar with the

layout and would know there was a safe there. it is, it's baffling, and then which we've mentioned before, you still have the issue of the children, the family reached out and adopted. we'll see what authorities have to say about the motives. could the sixth time be the charm? >> why nasa is hoping for good weather and count them, now 18 ethics complaints against outgoing alaska governor, sarah palin. and the third since she announced she was stepping down. >> we'll tell you what the latest one is all about. you're watching msnbc, the place for politics. most for headaches.

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the dow is trading up about 240 points. the s&p 500, about 25 points. the nasdaq is up over 57 points. consumer prices surged in june. the biggest one-month gain in nearly a year.

that gain reflected the gas prices. timothy geithner is in the united arab emirates today. yesterday, he met with saudi arabia's king. he's looking to work with the leaders to build a stronger more balanced economic foundation. gm says it will invest is $1 billion in brazil. 50% of the money will come from gm brazil, the rest will be borrowed. that's it from cnbc, first in business worldwide. back to msnbc. welcome back. i'm david schuster live in washington. >> i'm tamron hall in new york. the big picture this hour, an 18th ethics complaint filed against sarah palin alleging she abused her office by accepting a

salary and using state staff while campaigning outside alaska. she's pushing back with responses via twitter and they include quote, ethics issue would almost be funny if it weren't such an abuse of justice. she went on to say are these constant wasteful summed up ethics charges result of not caving -- it is so hard reading someone else's twitter. criticism, it's something easily avoided by saying nothing. those are her tweets. >> i haven't heard of thumped up. in the bigger picture, other than defending herself from ethics complaints and writing op-eds, what's next for sarah palin? after getting the cold shoulder

from republicans in purple states, she offered her services to democrats who quote, believe in the right things, saying her son trig is not even a republican. but jonathan martin put the question saying thanks but no thanks. heath shuler quote, i don't think so. i'm satisfied by me campaigning. i don't need somebody else to come in to my district. it's really not for me to make suggestions. on the senate side -- i usually don't ask feem come campaign for me and the senate's most conservative democrat, ben nelson. i've had a very limited number of people campaign for me. senator obama campaigned with nelson in 2006. joining us now, andy barr.

when she wrote this yesterday, she criticized cap and trade, something she supported while she was the vice presidential candidate. who's the motivation of her getting involved in in this? >> this seems to be an attempt by her to stretch her policy legs here to kind of show she has some -- when she said she was stepping down, this was an issue she was going to focus on. she's clearly going to remain in the political spotlight. >> some republicans, some democrats, a group is asking members to fund an ad, calling it a marvel of misinformation and outright lies. do democrats benefit by having sarah palin doing what she's doing? >> sarah palin has a massive fund raising appeal on both

sides. you talking about my colleague's story, a lot of the republicans would love to have her come in and rally up the base, but a lot of the democrats love talking about her. move on, other democratic groups, expect the dnc to do something like this. >> i remember right after the election, many people including jonathan capehart, msnbc analyst said she needs to talk more about policy, give a major speech. let us know where you are with these issues rather than the back and forth she's been caught up in. now, you've got the op-ed. you've got these tweets that are some might say, a bit unusual in the approach of them. who is advising her? >> this isn't the first she's written. >> this is the first since she

announced she's resigning. >> a lot of times dhwhen she do this, there's kind of a muddled message. on the same day she announced a big pipeline project for alaska, she was hitting back at david letterman. a lot of times she's stepping on her own message. >> andy, interesting as always. appreciate you coming on. tamron, now what our viewers need to know. the cia's plan to deploy hit squads to kill al-qaeda leaders. >> congress the now gearing up for an investigation. house intelligence chairman said his committee is gathering documents from the cia and plans to make a decision whether to hold hearings in the next few days. >> this week, i intend to sit

down and consult with the ranking member from michigan and then we'll decide a way forward on this. >> and with us now live, national security reporter for "the washington post." you just heard the congressman say we'll look at a way forward. are there a large number of voices in align with the congressman? >> yes, another investigation. there are some lining up and calling for documents at least, maybe some hearings. the cia is saying we'll open our records to you. it will be interesting to see how this progresses because there's also the possibility it could result in a muddle. there are some very different legal opinions about what the cia was required not to say. they said it never went forward, that it was a planning exercise. we didn't get anywhere on it and

didn't have to tell congress. >> these legal opinions that differ on this, a lot of people are wondering about that. >> people have very strong views. we've looked at it a little bit and it says that intelligence information, activities, should be briefed to the congress. there are some caveats. this clause that says if it's consistent with sources and the cia has said if we have operatives overseas and their lives are in danger, they might be captured behind enemy lines. you get into a very interesting arguments with legal experts on this. >> david, i know you want to get in on this. but karl rove, he had some interesting comments on fox. >> look, it's interesting. the cia briefed congress to this

i guess in june and the congress immediately leaks it. that itself is a violation of several statutes and indicative of why it is so dangerous to give congress information. >> what do you make of this argument that we keep hearing that congress just can't keep a secret and that's why they kept it quiet. >> some of the agency people are saying see, see, we do tell them and it automatically goes out the door. there is a very serious legal obligation the agency has to inform congress. it's because there has to be oversight when we're in other countries doing things that are illegal and putting american's lives in risk. >> you'd also think the american people have a right to know what dick cheney's role is in this

because if he's ordering the cia not to tell congress, he's not saying don't tell because the program hasn't started yet. he's saying don't tell because i don't want them to know. today it was said quote, this is not the time to convene hearings as long as there are crimes committed, opportunity must give way to prosecutors who may find voilgss of the law. if it is a straightforward way of evaluating law broken or not, why not turn it over? >> it's amazing how he keeps turning up at these things. historically, there's been this relationship between the cia and national security council. here we see vice president cheney personally inserting himself and saying, don't tell this yet. maybe later. >> great talking to you. thank you so much.

i do wonder though, the appetite of the american public will have for investigation on this, especially when at least some bush insiders say this was to go after members of al-qaeda. obviously, it would be to do anything to keep america safe. i don't know of many who would disagree. >> absolutely. that may be a case if that was the intent of the program, but i would venture a guess that most would say, that may be the case, but let's have a panel review what happened. tamron, we're still keeping an eye on what's going on capitol hill. we have pictures back. the hearings have resumed. the private session is over. there was a funny moment, some tape we're going to play in just a few minutes when we get it.

there was a moment with, an issue with the microphones. apparently, patrick leahy, the chairman, his wasn't working, but al franken, his microphone was. so franken jokingly offered to switch seats. >> comes in handy, quick on his feet. speaking of awkward moments, john ensign says he's running for re-election despite the affair and potential investigations into moneys paid to the mistress. >> but are republicans on board with this decision? this is msnbc, the place for politics. i never thought i would have a heart attack,

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welcome back. john ensign says not only is he

not going to resign after his extramarital affair, but he is now running for re-election in 2012. >> what's so interesting is who is signing up for team ensign in 2012. the silence from colleagues has been deafening. >> i think he'll have to speak to those issues himself. >> he had a nine-month affair with his chief of staff's wife. put her on the campaign payroll, hired her 19-year-old son as a quote, policy expert, then got his parents to give her family a quote, $90,000 gift. but he said he has support to run from colleagues. however, the senate ethics committee is still considering whether to open an investigation into the payments ensign made. ensign said yesterday it's up to the committee to decide.

i think the facts speak pretty clearly. joining us now, washington correspondent from the washington sun. he said i was counciling him as an or -- that's kind of unusual because coburn is an obgyn. how is this going over with nevada voters? >> hi, david, thanks for having me. yeah, i think that's a real issue that coburn has been criticized for. in what way can he claim that he has this privilege. some have said it wouldn't stand up. you've seen where senator ensign came out this week and said he'll be running for re-election. you sort of heard mixed results

from both nevada and washington in response to that. there's no one really calling for senator ensign to resign or step down, but at the same time, there's this general sense of unease, i think, among the people of nevada and his colleagues in washington about where this is going. you've seen a sort of similar reluctance from republicans to come out and wholeheartedly support him. >> we know that people survive sex scandals. david vitor has survived. if you want to call it hypocrisy, deal with the mortality of it, it could be about the money. >> yeah, that's exactly right. you've seen the ethics group here in washington file a complaint, really wanting to take a look at the money behind this. they filed complaints with both

the senate ethics committee, the federal election commission and asked the justice department for a federal criminal investigation because if there was a severance payment as the husband of the woman involved has claimed, that would need to be reported. and as far as we can tell, that wasn't reported. now senator ensign through his attorney has said it was not a severance, that this was a gift made to the family than there would then be no need for reporting at that point. but it does raise these questions of how things were structured, what was said at the time. i think that's what the ethics group here in washington is trying to get some answers to. >> lisa, real quickly, are there any prominent republicans back in nevada who are telling or publicly sayinging he should not run or simply just staying silent the way senator mcconnell was? >> well, you've had a couple of voices from nevada call for him to resign. some of the -- one of the radio

personalities and one of the prominent up north and then one of the prominent bloggers in las vegas have called for him to resign. but among the party rank and file, senator ensign was the most popular elected official from both sides of the aisle in nevada. the republican party in nevada has sort of a weaker bench right now, and so senator ensign still remains for many of them a great hope for the party even as they are disappointed and i think concerned about what has happened. >> lisa mascaro, thanks so much. interesting on so many levels. >> it's interesting also, remember when senator larry craig had his scandal, how quickly and how vocal some republicans were about his future. and how this is being handled differently. i obviously know that one, you know, was in a men's bathroom in minnesota and this one is an acceptable affair. i think it is different standards. >> tamron, we are of course,

keep our eye on capitol hill this afternoon not just for the scandal but because of supreme court nominee sonia sotomayor back in the hot seat for another round of questions from the senate judiciary committee. >> plus, it was a line made famous from my favorite show as a kid "i love lucy," but when senator tom coburn crosses the line when he used it during today's confirmation hearing for judge sotomayor. do you really want to the quote ricky ricardo? we'll show you the moment and you tell us if it was crossing the line. ood. thanks. so is our bike insurance. all the coverage you need at a great price. hold on, cowboy. cool. i'm not done -- for less than a dollar a month, you also get 24/7 roadside assistance. ght on. yeah, vroom-vroom! sounds like you ran a 500. more like a 900 v-twin. excuse me. well, you're excused. the right insurance for your ride. w, that's progressive. call or click today.

welcome back in today's crossing the line, a lot has been made of the potential landmines mostly male, all white senate judiciary committee questioning judge sonia sotomayor might face. certainly their job is to challenge and offer up tough questions to the woman who could be on the supreme court for the rest of her life. yesterday, there were raised

eyebrows when lindsey graham questioned her on her temperament. today, the question is did senator tom coburn unwittingly cross the line when he used a line made famous by actor desi arnaz on the show "i love lucy." yes, it appears senator coburn thought it was a little in order to quote ricky ricardo. >> if i go home, get a gun, come back and shoot you, that may not be legal under new york law because you would have alternative ways. >> you have lots of 'splainin' to do. >> you heard him, he said you have lots of 'splainin' to do. associated press reporter laurie kelman ran the headline, does coburn have 'splainin' to do meaning now. she quotes yvette ma lynn dez sitting in the vip section. she said she winsed is inwardly but was not offended by what she viewed as a joke. associate press editor michael

jeruso who say those who know senator coburn say he often speaks like this. he points out at the very least it, suggests a tin ear particularly when you're speaking to a woman who may become the first hispanic supreme court justice. so does coburn have some 'splainin' to do? did he cross the line? even if he was joking, you tell me. go to twitter.msnbc.com. we should leave ricky ricardo to the reruns on tv land. >> absolutely. amen to that. tamron, it's almost 4:00 on the east coast. we are watching two stories developing at this hour. live pictures from capitol hill where senators and the judiciary committee have started their second round, their second round of questions for supreme court nominee sonia sotomayor. right now, senator sessions from alabama is up for his second go-round. and live pictures from florida where we are waiting for police to make announcement in connection with the mu c