on "the big picture" breaking news in the michael jackson investigation. two more raids involving the doctor who police say gave jackson the powerful sedative before he died. but is propofol what killed him? new details about what police found in jackson's home the day he died. why were there handwritten notes

stuck all over the walls? the photo op of all photo op, we know when and where the president, harvard professor and the cambridge police officer will share the beer? will that budweiser take some heat out of the brouhaha. >> are you democrat or republican? i'll race you. >> they can run, but they can't hide. gop congressmen ambushed on capitol hill forced on camera to declare sides on whether president obama is an american citizen. we have the reporter who did the dirty digging on birther. making their case. don't ask, don't tell. why now? congress is about to start hearings on the military ban on gays. do we really need this debate now when america is engaged in two wars overseas? >> could 140 characters land you in court? the twitter debate that could be crossing the line.

we got a big day for you. good afternoon everyone i'm tamron hall. >> i'm donny deutsche in for mr. schuster. >> day two. >> didn't fire me yet. breaking news in "the big picture," the focus on michael jackson's personal doctor intensifies. federal authorities conducted two separate searches just today, all involving dr. conrad murray. dea agents searched murray's las vegas home as part of a manslaughter investigation into michael jackson's death. at the very same time, several police cars pulled up into dr. murray's las vegas medical office. last week authorities searched that same office searching documents and computer files. we've learned that dr. murray gave jackson propofol on the very day he died.

we're getting in details about how the troubled singer was living inside the los angeles mansion he was renting before his death. a law enforcement official tells the ap jackson's bedroom was stifling hot with the heating system cranked up. handwritten notes were stuck on the walls including one that read, quote, children are innocent." jeff rossen joins us live from burbank. we're learning these strange details about how he was living. why is this relevant information at this point? what are they trying to piece together here? >> i think what they're trying to piece together here is he was living a life, and this is according to law enforcement officials telling the associated press where michael johnson was using propofol, diprivan, to sleep at night. he was using it as an alarm clock where the doctor would give him propofol at night. it's an iv drip. anesthesiologists say it literally knocks you out like that. the drip starts, you're unconscious.

you sleep all night. in a hospital if you were getting major surgery and getting this drug which many people do, you're monitored on an ekg machine, a pulse monitor. if your heart rate sinks below a certain level, alarms go off, nurses rush in. in this case, michael jackson, the law enforcement officials say on the ap saying he was unmonitored. when it was time to wake up in the morning, they'd stop the drip and he would wake up. what they're trying to prove, including in these new search warrants in las vegas today in dr. murray's home and office, they're trying to find medical records connecting him to michael jackson, connecting him to the drug, where did he get the drug. all of that is still fluid at this point. we know through court papers that dr. murray is the target of this manslaughter investigation. no charges have been filed. it's important to note dr. murray's lawyer says his client has done nothing wrong and maintains his innocent. >> thank you very much for those details in the investigation.

the bigger picture. propofol is a powerful sedative that lowers a patient's heart rate and slows down everything. meant to be administered in hospitals. how dangerous was it for dr. murray to give it to jackson? joining me is a clinical as assistant professor of anesthesia at stony brook medical center. is there any comprehensive reason that any responsible doctor would administer this drug to help people sleep in their homes? >> donny, i think the major issue here is drug abuse in america. this speaks volumes on how big and how big of a problem it's grown in recent years. >> give the benefit of the doubt right now. give me a scenario where it would be responsible. this is a drug that's supposed to be administered only in hospitals. we'll get to this later. he was on other drugs. with that aside, is there any scenario strictly for sleeping purposes where a responsible doctor would administer this in somebody's home. >> propofol has two purposes, sedation and putting people to sleep for surgery.

it's not used for insomnia or sleep deprivation. >> we heard that michael jackson had been given this. literally when you turn the drip off, the person wakes up. you've administered propofol. is that how it works? would michael jackson be able to wake up from this? >> well, all drugs can be one or two things, either therapeutic or poisons. therapeutic, using it in concentrationtion by a skilled physician, using it in the a clinical setting such as a hospital is great. but it's poisonous when it's used -- >> back to what donny was saying, would there be any reason for this doctor who is not a trained anesthesiologist to give this to a patient? >> i have never done son. >> let's go to the bigger question. all these concierge doctors out there people are shopping for. hopefully the good that will come out of this tragedy, a lot of these coconuts will be put to bed. wealthy people who will ask the doctor one, two, three, four,

five, six, seven until the eighth doctor says sure, whatever you want. >> dr. feel good as they're being called. >> concierge medicine has been going on for years. one of the financial burdens that a lot of physicians are feeling with the decrease in reimbursement from insurance companies, do i leave the field or do something more lucrative like concierge medicine. it's being celebrated on television. >> is that a nice way of saying drug dealer? >> no, like the doctor back in the '20s and '30s. >> no. one other thing i want to put. when we is see a person who has 84 plastic surgeries, a woman. before we blame the doctor, we go look at that woman, look at that idiot. people in this country have to start taking more accountability when they bring it on themselves. >> there's added responsibility. >> the same thing in the housing crisis. an ethical responsibility for the people signing those mortgages beyond the people selling them. i'm not saying michael jackson

got what he deserved. it was a tragedy. >> you're a licensed doctor, a reason you give a doctor a license. there's an ethical responsibility. even if the patient is whacked out of their mind just because they ask for it does not mean that doctors should reach the ethical line and give it to them. >> i agree with you. this is why we take the hippocratic oath when we graduate from medical school to do no harm to patients. like you mentioned, concierge medicine is growing. everyone is responsible. doctors, patients, family and friends. if you know someone, drug abuse is a big problem. help them get the support that they need. the national institute of health has a great website for people to start. >> doctor, appreciate it. >> thank you for having me. >> dr. die son was saying to me, there was a story line you can only get propofol from the emergency room. it is available apparently online which goes back to the conversation of the responsibility of the doctors and them selling to the -- >> obviously a responsibility. once again, when you go out looking for trouble. you'll find it in any area here.

we look at the plastic surgery patient and go, boy, isn't she silly. so many people enabling michael jackson. >> it goes across the world. elvis, the entertainment world. >> wealthy people feel they're entitled to get whatever they want and find somebody to do it. ki show you people across this nation sed dating themselves. we have to keep the doctors responsible. >> we'll talk more about it. >> thank you, doctor. in congress, -- is clong a closer to reaching a deal on health care? that's a heck of a question to ask. in the house, a conservative blue dog democrats are still negotiating with party leaders, within their own party about the cost of the bill. so far we've seen nothing concrete yet. apparently the senate finance committee is getting closer to a deal. however, it leaves out two key democratic provisions, the public insurance plan and a requirement for businesses to offer coverage to employees. republican governor haley barber says there's no deal yet because he says because of the

democrats. >> they have had to slow down is because so many democrats including many democrat governors know this is something that can't be rushed because it's very dangerous in some of the forms it could be in. >> just a short time ago president obama wraps up another town hall meeting with the aarp this time. here is what he said about the on going care negotiations. >> i know it's not easy. i know there are folks who will oppose any kind of reform because they profit from the way the system is right now. they'll run all sorts of ads that will make people scared. this is nothing we haven't heard before. >> one of the major unresolved issues is how to pay for health care overhaul. this conversation happening before we know what the deal could be. health officials are giving the thumbs up for a tax on sugary drinks or alcohol. we'll battle about that later.

according to the congressional budget office, if you add a three cent tax to a 12 ounce can of soda and up to a 17 cent tax on alcohol, that can add up to $110 billion over ten years. >> 10% right now. kelly o'donnell is nbc capitol hill correspondent. there are a number of ads or one in particular running say why punish americans for a simple pleasure? what has been the reaction from the white house at least when it comes to this sugary stacks or syntax we're talking about? >> the suggestion box has been full up here. we're trying to find creative ways. what we're hearing from the administration is there is some thought that, if you were to levy a tax on sugary drinks, that might reduce obesity. another huge problem that often, of course, results in cost in the health care system. that's something that certainly the president would like to see, less obesity creates a healthier lifestyle, reduces overall medical costless. here on capitol hill the sugary

tax is not getting a lot of traction in part because, as you would expect, the american beverage association is opposed to that. they raise the question about why sugary drinks, why not breaked goods, why not other less-than-healthy foods. it's a coast of trying to come up with a creative solution, but at the same time trying to find a way that it is palatable, to use the word intentionally, for a lo of o folks to go for this. and so far, while it's a creative idea, we don't see a whole lot of traction for it here on capitol hill. >> kelly and tamron, it's a necessity. the only way we're going to solve this is by getting healthier. i'm going to do a quick business solution. we've already paid 10% of the health care cost by a three cent tax on soda. a 10% tax on all unthem hi food in this country would get us a half trillion dollars over the next ten years. now we pay for two-thirds of it. what is wrong with taxing americans to try and get them

healthier, get them smarter and at the same time paying for those who are sick? we need drastic measures. this is not pie in the sky stuff. by the way, to be bbacco, every you increase tobacco by 10%, you lose about 5% of the smokers. we have to do this. we're dying as a nation. it's not a health care issue. it's a health issue period. >> feel free to jump into this. i'll address the food thing. in some communities they're called food deserts where you think people are getting soda as a treat. this is the only option, to go to a convenient store -- i can give you the data right here. a study done in the south side of chicago where 600,000 people live in what's called a food desert. there is no whole foods as you have. no gourmet grocery stores. >> we are dying as a country. >> let me finish the data. i got to give you the data. 600,000 people on the south side of chicago live in a community where there are no grocery stores. their option for food is a convenience store. >> by the way, convenience store

would have to change their model if the pricing pointed to it. there is no other solution. >> what about united healthcare? united healthcare settled a $50 million suit brought because of overcharging people, overcharging people. they would go in to get a treatment and they were fined. make up the money there. why punish the people who work hard? the people who get the soda shouldn't be punished. >> maybe an uneducated person who is not feeding their children possible. >> go into an urban neighborhood and realize they don't have healthy options. >> why are you so hell bent on not getting us healthier. >> why are you so hell bent on realizing that there are poor

people out there. it can be a poverty issue. the people who suffer are the poor, who don't have the options. >> the poor are the ones preyed upon by the mcdonald's of the world. give people affordable options. you open a donny's. >> sorry we dragged you into our latest battle. >> i felt like i was able to do some sort of translation for perhaps those who couldn't follow this. i wanted to jump in. but you two were really impassioned. it's an example of why this is so interesting. >> i wiped the floor with her yesterday. i gave her round one today. >> you bring us to a higher ground. you help me get my composure where the devil is trying to drag me down. >> catch up with you later. i'll be honest with the people watching. donny and i have been fighting about this since 8:00 this morning. i believe any tax on sugary or syntax, it hurts the poor. how much more can the working

family take. >> let's legal rise marijuana, we'll raise $100 billion there, also. still ahead, does the birther movement from republicans or some republicans running scared? we'll talk with the blogger. incredible video. this bruiew is for you. it could end the gates arrest controversy. looking for love in all the wrong places. from "the bachelorette" to "rock of love." why are we obsessed with fake relationships on reality tv? does it say something about our own search for love? this is msnbc, the place for politics. we call the bunches in honey bunches of oats the prize in the box. well, now there's a prize inside the prize. pecans! pecans!

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the president had a budweiser at the all-star game. why are you looking at me like that? that's what he drank. >> red stripe, bex. >> what's wrong with bud riser? why do you hate bud riser. >> that was white house press secretary robert gibbs talking about president obama's drink of choice. this thursday evening harvard professor henry louis gates and sergeant crowley, the man who arrested him, will join president obama for the much-anticipated beer. i didn't know he had a beer with him. >> if beer is diplomacy. we're not allowed to open it on television. the group will get together. this bud is for you, at 6:00 p.m. at a picnic table on the south lawn. the president wants to, quote, take the temperature down after gates' arrest set off a national

fire storm. savannah guthrie joins us from the white house. >> we only brought two. i'm going to turn the label away because people will accuse us of trying to plug a certain beer. >> we have the setting. is there any information about what might be said beyond what our common sense will tell us there? >> reporter: no. basically we heard the press secretary robert gates say this morning, what this is really about is deescalating, to use his words, to get the temperature down again. something they started last week when the president came to the briefing room and said he wished he had made different remarks and wished he had calibrated his words differently. this is all an extension of that. this is sergeant crowley's idea, to get together and have a beer. everybody all together at the white house. it's going to happen on thursday about 6:00. we actually don't know what kind of beer the president is going to have. i think the press secretary thought it was going to be bud light. i'm not sure we'll ever know. in any event, they'll all sit together and have a chat on a

picnic table outside the oval office. >> savannah, i'm all warm and fuzzy. he's trying to deescalate it. but by dragging it out one more day in the news, making a big press event out of it, isn't he escalating it. >> reporter: this is the quandary the president is. crowly made the offer. they can't blow it off because everybody will be asking, when are you going to have that beer? the real issue is what coverage do they allow? they have a few options. they could release a still photo. then everybody would say, well, why are you hiding? why didn't we get to see a little more of this meeting? then the other option is they could allow the cameras to come in for a few minutes. we call it a pool fray, when they have visiting heads of states, the president makes a few remarks, the heads of state makes a few remarks. and then ushered out. it makes more of a story. i think this is one of the situations where no matter what they do, it's a story one more

day. >> darned if you do. darned if you don't. thanks savannah. what do you think they should do? >> i think it's nice. it drums up a lot of stuff. what briere they drinking. all kidding aside, knowing beer marketers i wonder what they're sending to the white house, drink our beer. supposedly the professor drinks red stripe. it will put a little explanation point on the story. unfortunately, i don't know what we learn from all this. i like our president. he's a real human being. i like he said i'm sorry. >> it will be nice to see the two men walk out in front of a microphone and have some kind of agreement. in the end you have one person call the other a racist, the other said things or may have -- >> this was about testosterone more than anything else. >> serve an arnold palmer, iced tea and lemonade, something a little more east coast.

>> you guys don't see what happens when the camera goes off. up next, today's vote on judge sonia sotomayor. we knew how this was going to play out. what the only republican, one, said about the nomination and donny, about dr. phil. later in the show, the sumo world championships, there you go, you're watching the big picture on msnbc. time for your business advice. stop before you make big mace takes. have an understanding of important ratios. price your goods and services to sell. but don't lose money on them. and every hire is critical. so be sure to thoroughly check

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a new wealth management firm with over 130 years of experience. the nominee has been approved by the committee. the name will be sent to the full senate for its action. >> the vote on sonia sotomayor. the good guys win. >> you're picking sides so clearly in this. the senate judiciary

committee voted mostly along party lines by a 13-6 vote. south carolina lindsey graham was the only republican, and he made this announcement that he would endorse the judge who would become the country's first hispanic justice. >> i can no more understand her heart than she can understand mine. and this empathy idea makes us all kind of dr. phils. i feel uncomfortable doing that. i really do. so i based my vote on qualifications, and i came away after the hearing believing that she was well qualified. america has changed for the better with her selection. >> today's vote was right in line with other recent votes from the committee. john roberts was approved 13-5. the vote for sam mule alito 10-8. the full senate is expected to confirm sotomayor next week. she'll replace justice suitor when the supreme court reconvenes in september. as you said in your thoughts --

>> good guys win. up next, the birther problem for the gop. we'll talk to the blogger who made big headlines when he made some lawmakers squirm on camera when they were put on the spot about whether they think the president was actually born in the united states. >> you have to watch this. every congressman but one would not say that. this is scary stuff. i'm told jillian picked ed on "the bachelorette." i was not watching. why are fake relationships so big on reality tv? what does it say about us? you are watching msnbc.

my name is chef michael. and when i come home from my restaurant, i love showing bailey how special she is. yes, you are. i know exactly what you love, don't i? - [ barks ] - mmm. aromas like rotisserie chicken. and filet mignon. yeah, that's what inspired a very special dry dog food. [ woman ] introducing chef michael's canine creations. so tasty and nutritious it's hard to believe it's dry dog food. chef-inspired. dog-desired. chef michael's canine creations. dow is trading down about 40 points. s&p 500 is off, a little less than six.

the nasdaq is down just a fraction of a point. oil prices took a tumble following a two-week rally. oil prices settled just above $67 a barrel. a new report shows home prices may be stabilizing. the standard & poor's k schiller index posted the first monthly increase since the summer of 2006. shows home prices rose .5% from april. still 17% below where prices were in may 2008. time warner has brought back a 5% stake that google had in aol for the sum of $283 million. the search giant paid $1 billion for the stake in 2005. the deal sets the stage for time warner to spin off aol as an independent company. that's it for cnbc. first in business worldwide. back to msnbc. i'm tamron hall. >> i'm donny deutsche. state officials in hawaii are once again confirming that

president obama was in fact born there and is a natural born american citizen. >> i can sleep now. >> a key constitutional requirement for being the president. his birth certificate has been produced. hawaii's health department is getting flooded with questions and so-called birthers say president obama is ineligible to be president because they claim that he was born in kenya, despite, as i said, a birth certificate that proves otherwise. the white house is trying to finally, if it is at all possible, to put this controversy to bed. >> i almost hate to indulge in such an august setting as the white house -- i mean this in seriously, the white house briefing room discussing the made-up fictional nonsense of whether or not the president was born in this country. >> just yesterday congress unanimously approved a resolution celebrating the 50th anniversary of hawaii becoming the 50th state. a clause was included stating that president obama was born there on august 4th, 1961.

we should note there were several republicans who did not vote on that measure. >> this is hate mongering and fear mongering. this is racist. the bigger picture. do republicans really believe that the so-called birthers who claim president obama is not a u.s. citizen, do they -- this story is -- >> what do they want? >> mike talk is a reporter who went to capitol hill and asked republicans what they really think. you have to watch what happened here. >> do you believe barack obama was a natural born citizen of the united states and is constitutionally permitted to serve as president? >> the court has said so. >> you do believe that? >> yes. >> thanks very much. >> what do you believe personally? >> i'd like to see the documents. >> so you're kind of a part of the lunatic fringe base? >> it's being looked at. >> what do you personally believe? do you think there's a question

there? >> i think there are questions. we have to see. >> you do believe there are questions. thanks very much. >> on the hill asking republicans if they believe barack obama was born in the united states. >> doesn't matter. >> it doesn't matter to you? but you swore to uphold the constitution. >> that's a question he needs to answer. not me. if he says he is -- >> you can tell me what you think. do you think he was? >> he said he was, so i believe him. >> i don't know who this congressman is. it looks like he's absolutely running away from answering any questions about where barack obama was born and whether or not it's constitutionally authorized to serve as president of the united states. >> he's pretending to look at pens. >> mike talk joins us live from capitol hill. that video says it is. we have educated republican u.s. congressmen who would not say one, congressman franks, he is a u.s. citizen. that is staggering video. as you're hearing this, are you

saying i can't believe what i'm hearing? >> not really. these are the seem people who believe barack obama is a secret muslim. i think the story here is really one of the two parties in america is crazy and the people that are elect friday that party are reliant on a bunch of fat gaun know crazy people to get themselves elected. i commend chris matthews and msnbc for digging into this, shoe horning into this a little bit. we're about to have debates about health care and policy issues that matter. there will be a bunch of crazy tea baggers that come out and try to derail the discussion. i'm hoping that at least the democratic congressmen take this as a cue and realize that they need to get down to business and not be dissuaded by the crazy folks that show up. >> thank you so much, mr. stark. >> october 31st was put together. his birth certificate was in the newspapers. it's not only these congressmen,

the lou dobbs of the world and rush limbaughs of the world and bill o'reilly who says i know it's not true, but i support lou dobbs's right to go after ratings and freedom of speech. this is scary stuff. >> it is scary. it is baffling, you produced a birth certificate, all these measures meant to prove -- donny and i are still talking about it. what are the numbers like for the birthers? are we talking about a small group of people who are getting a lot of attention and may be scaring congressmen in their districts? >> i hope that's the case. i hope all these tea baggers an birthers and saying barack obama is a secret muslim, i hope it's a small and vocal minority. if not, this country is in great trouble. >> you say you think it's racism. >> they're saying maybe he's an islamic fundamentalist. is he the man churian candidate?

i hope they'll shut up at this point. >> when you're so ignorant about something. >> these are congressmen. these are not just coconuts in some rural area. >> it's ignorance and can you change ignorance? that's the question i'm asking. >> beyond ignorance. >> it's amazing. >> close up today, fake love on reality tv. >> what a transition. >> on last night's season finale of "the bachelorette" 29-year-old jillian harris chose 29-year-old ed over her remaining suitor, kiptin. the shows don't have a great track record when it comes to marriage. former bachelorette couple tris sta and ryan seem to be a lone survivor story. they've just had their second child. are such shows making people feel they need to get married, really a good way to meet your mate.

joining us is dr. diana kirschner, author of "love in 90 days." i don't mean to punch at your book. when we see people falling in love over a few episodes on tv, you have books saying falling in love in 90 days, are we sending a message to young people that love is not maybe the deep thing that we'd like to think. >> in "love in 90 days," i talk about novelty is key in falling in love. >> what do you mean by novelty? >> anything new. that's why you can find love in 90 days if you know what you're doing. >> isn't this stupidity that we're selling, we watch people -- people cry. >> i want to point out that these are not trained actresses. they are crying for real. the reason the audience tends to tune in is because they're having real feelings. that has to do with the novelty. they're in a new setting, which means they're meeting new people. >> is that real love? is that real love?

>> what that produces is dopamine. >> i got the juice. >> dopamine is the juice, the brain chemical, infatuation chemical falling in love. it's scary because you could -- >> what you're going to experience is you're going to have real feelings. if you actually did an mri of the brain of these people, you would find -- >> 12:00 at night in a bar after a couple of beers which is happening on those shows. >> if you have the dopamine and the adrenaline of the show, you're going to have the brain chemistry of falling in love. it's going to be real according to what the person is experiencing. >> doctor, what we watch on tv is not a reflection of anything real. i know it's called reality tv, but they are acting. in many cases they are acting. >> what happens is after the show is over, what happens is there's no novelty, there's no adrenaline. the dopamine levels fall down and then -- >> we know what a crush is. there's no news there.

to suggest these people, they propose to each other at the end of the show. >> i guess the heart of what we're asking though is this a reflection of reality, what we're seeing? a lot of people on those shows end up with book deals, they end up posing nude in "playboy." is this who we are or what we like to see? >> what we like to see is people having real feelings. they're actually having real feelings in the moment. >> at the end of the show -- >> this is not love, this is tv. it's stupid. please, please. >> obviously the conditions are set. they're creating this feeling and it goes away. when the conditions are removed which means when the show is over, it's just two people and most of the time they're not in love. >> okay. >> they're not in love when the conditions are removed.

>> doctor, amazing study. thank you for being such a patient guest. >> i'm scared though she says, for example, "rock of love." >> brett michaels. >> that's a real reflection of what's out there. >> it's not. we are saying a very strange thing about love out there. >> which of those shows reflects your love live? >> that would be "the great escape," the movie. >> and on that note, you're running. you're trying to escape the relationship. >> i don't know what that means. up next, the world of politics, not donny's escaping love life. lawmakers grier up for don't ask, don't tell. is it time to change the pebt gone's policy on gays in the military. is this the right time now that the country is tied up with health care and other big issues. william shatner's tribute to the poetry of my friend sarah

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welcome back. in today's "making their case," u.s. senate committee will hold a hearing this fall in the controversial don't ask, don't tell policy. >> about 13,000 service members have been discharged since the program was instituted back in 1993. president obama says he wants it overturned. according to a "usa today" gallup poll, 69% support gays in the military. here to make the case arthur delaney from the huffing ton post and phillip klein, washington correspondent for "the american spectator." many people make the argument so many big issues being tackled right now, health care reform, that don't ask, don't tell is not a priority. what's your take there. >> it does seem the obama administration is putting this off for now or has been putting it it off since the start of the

administration. when is the better time to get rid of a dumb policy that has cost 13,000 soldiers since it was implemented. >> is there any counterargument, you're serving in the military and it's so hard to recruit people these days, these are people ris risking their lives. is there any argument from anybody with a brain that says we shouldn't be repealing this at this point? >> well, personally i don't have a problem with gays openly serving in the military. those who are opposed to it argue that it would hurt morale and it would hurt military readiness and recruitment. >> they've done studies and that's a complete falsehood. a stupid argument to begin with. that's been shot down. these are brave men and women. >> 20 other countries including great britain who have gays serving in the military. >> i think the real issue is that president obama, why hasn't he shown any leadership on this issue. >> which arthur is a great point he's making.

the president said it was a priority. i spoke with a number of members of g.l.a.d. who says if president obama doesn't become more aggressive in issues concerning to them, that they won't vote for him the next time around. >> what obama has said is he wants congress to take care of this. like you said in your intro, the senate armed services committee will have a hearing on the policy in the fall. also, there's a bill in the house sponsored by patrick m murphy, an iraq war vet, that has over 150 co-sponsors. murphy has been touring the country to drum up support for the bill. >> phillip, what about the fact that e with had a guest on our show and he's been on rich el and others, speaks arabic, a wonderful serviceman, because he is gay he suffers and falls under this don't ask, don't tell, instead of looking at the falsity about morale, look at the number of strong men and women who could be serving this country. >> like i said, i agree. i think that gays should be

allowed to openly serve. that's the policy issue. i think that politically, that was one of the few issued i agreed with candidate baem on. but president obama has proven a little yellow-bellied on this issue. he's worried about falling into the same trap that president clinton did where this sort of swamped his early -- the early days of his presidency. he wants to do health care and other things. so now, if they have this hearing in september, it's going to put obama in the a really tight spot because he could no longer weasel out of the issue. that's going to hit right when the health care debate is hitting the head. so look, it's not a matter of yelling at conservatives or republicans. obama is not the analyst in chief. he's the commander in chief. if he has a problem with this policy, then do something. >> tamron, since he's been in office, 267 folks in the

military have had to leave because they're gay. we're a less safe country. i think our has to grab the bul horns. he's being political here, not acting as a president. >> arthur, phillip, thank you very much for a very candid conversation. >> this is a no-brainer. and he is very disappointing in this area and, you know, these are all heroes and the fact that we in the year 2009 that this is even still a discussion is -- we should be ashamed of ourselves as a country. up next, todays a "crossing the line." >> should you be held legally liable for what you tweet on your twitter account or basically any other social account, even if you're not on twitter, if you're on facebook, wherever you are. if you put something online, should somebody be able to sue you? this is msnbc. rength tylenol... a day on the days that you have arthritis pain, you could end up taking 4 times the number... of pills compared to aleve. choose aleve and you could start taking fewer pills.

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call now. welcome back. in today's "crossing the line," suing over what you say on

twitter or any other social networking site. listen to the story. a woman in chicago is being sued for $50,000 in damages after a tweet she sent out about her apartment. amanda, according to a lawsuit wrote, quote, who said sleeping in a moldy apartment was bad for you? horizon realty thinks it's okay. her twitter account was set to public which means anyone can read that comment or criticism of her apartment, and the realty company that manages her building. the realty company says the tweet was defamatory and horizon group management claims to have been greatly injured in its reputation as a landlord in the windy city. for the record i tried to reach out to amanda via twitter today. her account no longer exists and they're suing her for $50,000 or in excess of $50,000. they've brought more attention to the issue. but suing over a tweet?

crossing the line? you tell me. let me know at twitter.msnbc.com, and be careful what you say because i will sue you. that paralyzed lawsuit will be allowed to take the california bar monday. the state used a check to pay -- she used a check to pay the state for her fees to allow for an exam, but you're supposed to use a credit card. the online registration requires that, but governor arnold schwarzenegger, heard about the story and sent a letter to the state supreme court saying the system needs to be more flexible. >> great story. it's almost 4:00 on the east coast. we are just getting started. home grown terror, a drywall contractor now accused of leading a terror group, he doesn't even look like a terrorist, that's a scary thing there, scary stuff, with global aspirations, and is the stimulus failing america's police? why officers in some of the country's biggest cities may not

be getting the money they need to keep the streets safe. plus, the thrill of victory and the agony of defeat in the sumo suit world championships. you are watching "big picture," msnbc. are you all right? a ferocious white whale wrecked my boat. well, i'm sure we can help you, captain... ahab. well, it looks like you haven't had a claim in over four years, so you don't have to pay a deductible. that means you saved $500! $500? i could get an electronic fish-finder. that's the spirit. saving you money on boat insurance. now that's progressive. call or click today.