of food stamps. it's a two-fisted punch aimed not just at november but 2012. how much information is too much information? a sex thesis is everywhere on the internet. new details about her escalades with athletes. is there anything the guys can do about it? if you're bruising for a political fight, this is as doey. a judge throws out a key witness in a gitmo. liz cheney says it's obama fault and it's dangerous. it pays to be thin. women who weigh less earn more but, men, feel free to put on a few pounds. joining the conversation today, former congressman david mcintosh form eer clinton press secretary and editor of reidreport.com joy-ann reid. i'm chris jansing, this is

"jansing & company." a memo sent from newt gingrich to the republicans. here's the end game through the campaign of newt. the campaign strategy to win. paint democrats as the party of food stamps and republicans as the party of paychecks. "most americans would like to get a paycheck. most americans would not like to be forced to have food stamps handed out by liberal democrats." speaker nancy pelosi calls it class warfare. >> i think this is a very, very dangerous terrain. i think there's something, some subliminal message that is being sent out there about us and them. >> congressman david mcintosh, joy-ann reid. congressman, let me start with you, do you agree with newt gingrich? >> i think he's right. when i was campaigning in '94 you'd knock on doors and people would say my neighbor is getting

welfare and food stamps and i am working all day and i have to feed my kids hamburger. there is a sense that people want jobs and job creation as the number one priority not more government spending on a lot of programs to provide food and welfare and other things in place of a job. >> lisa, is this a smart political strategy? >> this is all about the former speaker's run for president. this is what this is about and i think the speaker was absolutely right in what she said in declaring this is a move for class warfare. i think it's actually very sad. the fact of the matter is, if you look at the president's record in fact in recent days before congress went out, legislation was passed to help small business. if you look at the biggest trigger for jobs in the economy, it's reinvigorating small business and that's exactly what this administration is doing. >> but it hasn't happened yet and we're going to the polls. for most americans, lisa, you know this, they know someone who doesn't have a job and they're

worried about their own job. even if we accept the premise that it's clasws war fare, is i effective? >> will that message resonate with a part of the population that leans wildly conservative republicans? sure it will, it plays to the base. he is trying to rally the base. the point is, this legislation just passed. congress just went out for the midterm and steps are being taken, it's not going to happen overnight, chris. it is going to be a slow, economic recovery and the important thing that all the right steps are being taken to fuel an economic rebound. >> is that a message, joy-ann, that you can take to voters. one in eight americans uses food stamps right now and 1 in 50 income consists of food stamps and do you agree with the congressman and for people who are working, struggling, just lost a job, know someone who lost a job, is there some

resentment about that? >> first of all, wow. this is welfare queens all over again. this is incredible. it's done because it does work. unfortunately, when you look particularly the target here is working class white voters who are already tending to trend gop and people the tea party movement are trying to move. >> can i show that number as long as you're talking about it. the poll of working class voter support. 58% now supporting republicans, compared to 36%. i fiound that to be an astonishing turn around. >> it's astonishing, but if you look if only working class white voters in 2008, in a wave of 2006 that went to democrats, they were 11 points twor towards the gop. working class white voters were voting republicans or reagan democrats when they were democrats. so what this is about and bill clinton has talked about this a

lot, you get at that voter that is already kind of resentful that personally dislikes the president, that is uncomfortable for a lot of the changes in the country. they're already republicans, let's keep it real. >> isn't this an election about, not turn out, yes. but also independents. >> i was just going to say that. what will be interesting to me is how this message plays with the independents because, remember, the independents were such a big swing in the last presidential election, right? so, most of the country is purple, as we've seen, kind of in the previous cycles and, so, those independent voters are the swing voters. >> i guess that's the question. is he only playing to the base with this or can he win over independent voters with it? and i say he meaning newt, but, obviously, for the current discussion, this is about whether or not some of these folks republicans who are running use this strategy and whether it's successful. >> i think they'll use it and

use it in states like indiana who voted for president obama and turn it back into a red state because the spread has gone from 18 points advantage with working class voters to 32 points. that's a huge difference. if democrats wanted to do something for small business, small business depends whether they could hire another person or not. will they take that money and pay it to washington or use it to create a new job. >> to be continued. you folks are staying with us, thank you. we'll have much more with them. congressman david mcintosh and joy ann reid, thanks to you. the tea party republican candidate for governor of new york will control a large chunk of the state's airwaves later today to make what's being billed as a major announcement. the "new york daily news" reports that paladino bought a block with the announcement set to air at 5:13 eastern time, but the question is, what's he going to talk about?

a new poll out today shows that democrat andrew cuomo has a solid 14-point lead over paladino. 55% to 41%. meantime, the u.s.-led war in afghanistan is entering its tenth year today and we're getting this word this morning from nato. a combined air strike and raid by ground troops killed a senior taliban leader and seven others. tom asphelt in kabul, afghanistan. let me start with you, exactly, what do we know in afghanistan, tom, about what happened? >> well he was a top taliban commander where he is known by nato to have organized many attacks against the afghan military and air stations. he was killed in an air strike today along with seven other commanders. nato saying he was a top commander there and reminding people in the next year or so

they have killed up to maybe 300 taliban commanders, just in the past year or so. so, this, obviously, an important part of nato strategy to go after the leaders, after the top field commanders to try to weaken the taliban. chris? >> tell us more about this overall strategy and how it fits into, frankly, what most americans want to know, when are we getting out of there? >> we need to push the taliban to the peace table. we can put constant pressure on them. but this attack in the northern part of the country, this is not kandahar, this is not the area that u.s. troops are engaged in most effectively at the moment. in fact, this is an area where even though it's poshto it should be an area we're not facing problems. it's not omar and not one of his top deputies and it's not going to stop the taliban. >> another interesting report out today and it's from a democrat and he has given money to liberal causes to and to

simplify it he is saying we are in trouble over there. we have not won the hearts and minds and we need harmid karzai to commemorate going into year ten and give a speech about how much violence going on over there and the insurgents and talking about how school kids can't go to school and they're under threat. where are we? >> look, he makes an interesting point. right now we're trying to engage in the taliban by bombing them and launching missiles at them. with every air strike we fire, we end up killing civilians and there is this danger of alienating people. the longer we're in afghanistan, the less likely it is we will have a good outcome. we need to find a way to make managing afghan taliban leaders who are willing to come to the table and negotiate and perhaps get rid of those who are not willing to negotiate and hardliners and dead liners. >> evan, you'll stay with us, we have more to talk about

pakistan. a lot going on with that. tom, thanks to you, as well. weather story, it's a big one. quadruple twisters. residents in arizona cleaning up today after getting walloped. major blow for are federal prosecutors in this case. and baseball history in the city of brotherly love. kicking off the post-season. r $r with the humana walmart- preferred prescription plan, you have more time to remember what it's really all about. enroll starting november 15. go to walmart.com for details.

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they smashed 65-year-old rainfall records. lax broke a record that was set back in 1945.

good news, forecasters say the storm is expected to move out of there today. but arizona is recovering this morning after getting walloped by at least four twisters. second highest numbers of tornadoes in one day in that state. look at this damage. i know those rooftops look like snow. it was hail. winds up to 110 miles per hour and cars were smashed, homes, tractor trailers tipped over. this is what one witness saw. >> he said that he saw the eye of the tornado and he said he could see the lightning in the eye of the tornado. >> the weather channel's julie martin joins us live from bellemont. what a mess. boy, four tornadoes, so rare anywhere. >> yeah, chris. you know, the national weather service says this is the worst tornado outbreak this area has seen in about 15 years and certainly left behind the damage to prove it. i'm standing in an rv dealership and some of the flipped over rvs

behind me but look at the massi massive. now, across the street, across the freeway, i should say, across i-40 is a neighborhood where as many as 200 homes are damaged as a result of this tornado. at least 30 of those homes completely uninhabitable according to local emergency managers. so, today, the national weather service is back in. in fact, we believe they are in the air right now. further assessing the damage because there were so many reports coming in yesterday, it is certainly possible there could have bipartisan moeen mor tornadoes that came through this area. a very strong weather pattern bringing all this destruction along with it. chris? >> julie martin, thanks very much. take a look at the map. a cloudy day in the northeast, but, by the weekend, that's what we care about, there's that map. should be nice and sunny and pockets of rain will hit western

states, however. stunning decision is re reigniting the debalt bait to retry. prosecutors dealt a major setback in the first civilian trial of the guantanamo bay terror suspect. a suspect in the deadly 1998 u.s. embassy bombings in africa. the judge ruled the witness could not take the stand because the cia interrogation tactics. by the way, he smiled after the judge ruled. with reaction, i'm joined now by former federal prosecutor, thank you very much for joining us. conservative lightning rod liz cheney. let me read to you what she said. she said, "president oobama and attorney general holder are jeopardizing the prosecution of a terrorist who killed 224

people at u.s. embassies in kenya and tanzania. if the american people needed any further proof that this administration's policy of treating terrorism like a law enforcement matter is irresponsible and reckless, they received it today." the case really takes us back to that early debate, but let me ask you first of the real impact of this judge's ruling. without this witness, how strong is the case? >> well, it's less strong. i mean, this isn't the first piece of evidence that the government has to do without because of the constitutional issues relating to the detention with the cia. two confessions. one that he made to the cia as a result of those techniques and the government didn't even try to use one and then the government sent in a clean team of fbi agents in 2007 and he reportedly made a confession to them, too. the government decided not to even use that second confession because they didn't want to open up the whole issue of the cia's

interrogation techniques. >> one thing that eric holder, the attorney general has said, look, we had 300 successful prosecutions in civilian court in terrorism cases. is this set back, do you think, being blown out of proportion or is it because of who he is and the high-profile nature of this or is this really something that bears reexamining in your opinion? >> i think this is an illustration of just how complicated prosecutions have gotten after 9/11 and after the war against taliban and al qaeda. you have, this guy was indicted in 1998. he was indicted along with a whole bunch of other defendants, including osama bin laden, but people who the united states had custody of and who tried, who were tried professionally by the u.s. there clearly was evidence that the u.s. had before 9/11 and before he was arrested by the pakistanis in 2004. what happened was that they got really probative evidence during

his interrogation and, as a result of his his intearitation. that's how they found out about this witness. the case that they had originally back in the late '90s has gotten weaker because you had some witnesses die. this is a stark reminder of some of what they face when they get to these cases. >> it raises the question, once again, that we tried them in civilian courts. does it put us more at risk? is there more danger? do you want to take a stab at that? >> well, i think it's easy to criticize the government from the right for being too easy on terrorists and it was easy to criticize the bush administration from the left for, you know, locking them up and throwing away the key. the reality is this is a really thorny question. and you can look at the failure the obama administration to close gitmo. nobody has really figured out in the nine years since 9/11, a

principaled way forward for deciding who goes before a military commission and who goes before a civilian court. >> so nice of you to come on with us, thank you so much. hillary clinton responding to all the buzz about her taking over vice president biden's job. but new reports say, forget about her being vice president, she has her eyes on the white house. oprah winfrey, nancy pelosi, lady gaga, what do they have in common? playing ) ♪ can't help it, can't help it ♪ ♪ can't help it, no no no... ♪ come on. ♪ can't help it, can't help it, no no no ♪ ♪ you drive me crazy

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all that buzz about hillary clinton replacing joe biden as vice president is growing so loud, she had to address it. >> we have a great relationship and i have absolutely no interest and no reason for doing anything other than just

dismissing these stories and moving on. there's just no, we have no time. we have so much to do and i think both of us are very happy doing what we're doing. >> okay, let's say we forget about her being the bp. widespread speculation that she has her eye on the presidency in 2016. her name is being floated as a replacement for defense secretary robert gates when he steps down next year. lisa kaputo and jonathan capehart joins us, as well. lisa, you're, obviously, very close to the secretary of state. is she going to run for president? >> i i was at the "fortune's" women's conference when she made those remarks and she is quite happy in the secretary of state role and all this rumor doing a swing is, there is no truth to it. as far as the 2016 question goes, i mean, i think she's been very clear on that, too. she is very focused on what she's dog.

as has been recorded she will be 68, 69 in 2016. >> how old was ronald reagan when he became president? >> 70 something. >> so, younger? >> almost 70. >> i think, i think, look, she's been an incredibly popular figure in this administration. i think that served the president well and i think that's what's fueling this, right? his approval ratings are being compared to her approval ratings and i don't think that's fair and that's what's fueling the speculation. so, i don't see it in the cards. >> let me read what james carville said. this is my favorite quote of the day. you don't do it once and forget about it. i wish i can do that with james' accent. what do you think about this, jonathan? >> you know, i'm going to channel dr. ruth here, i think maybe james carville is right in that regard. but, look, the people who are

talking about hillary clinton in o2012 or hillary clinton in 2016, it's her loyalists who are doing all the talking, not the secretary of state herself. as you showed in the clip, she's knocked down this bp swap story. >> i don't know. she didn't say it's not happening. where in that did you hear her say it's not happening? >> she did not. i'm a hillary loyalist, too, and i'm not fueling 2016 speculation, but i think you're right. i think it is being fueled by those who have been long, long time hillary supporters and who, you know, who want to see a women elected president. >> you know what, chris, two things to keep in mind here. the better, if hillary clinton wants to run in 2016, assuming she does, she needs to have president obama re-elected. one. in 2012. the second thing is the better job for secretary of state clinton to do in the obama administration is not bp, it's defense secretary because if

she's going to run for president in 2016 -- >> but that gets her into such the sticky position. does she want to be defense secretary when we're trying to see if we can pull out of afghanistan? is that what helps with presidential aspirations? >> it shows she will be there in a position of strength and she can argue that, you know, she can be a commander in chief because she's commanded as the civilian leader of the military who had to manage two wars and the draw down of two wars. >> assuming the draw down happens. don't you think that's a pretty big if? >> let me say this, she loves her job right now. >> she has already said that she's tired and she said she wasn't going to go into the second administration as secretary of state. >> she and the president get along great, they have a fantastic relationship. she is doing so much within the state department as secretary of state, whether it's on women's global issues, trying to forge a kind of peace process in the middle east. now, that said, i think that,

you know, she can really decide where she will add value next. i will say this, i will not fuel speculation. because she is very, very happy in the role she is playing. it's so well suited for her. she's very popular within the pentagon and she's very popular with the military. so, i find all of this swirling intrigue quite interesting, but i think, again, it goes back to -- >> she's going to be secretary. >> secretary of state. >> at least for now. thank you so much. lisa, jonathan, thank you. convoys under attack. we talked about this, seven assaults by militants. how do they impact the war on terror? richard lui has been working on that story. rich snrd. >> chris, it comes down to vital supplies at this moment. so, what's happening where 1,000 trucks a day need to pass. we'll take a look at that for

you, chris. >> thank you. it's but certain at&t will lose their monopoly over iphone. which cell phone users are next to get their hand on one of the hottest gadgets around. we are asking "forbes" magazine to explain this one. how is lady gaga more powerful than nancy pelosi? ♪ let's take a look at the stats. mini has more than double the fiber and whole grain... making him a great contender in this bout... against mid-morning hunger. honey nut cheerios is coming in a little short. you've got more whole grain in your little finger! let's get ready for breakfaaaaaaaaaast! ( ding, cheering, ringing ) keeping you full and focused with more than double the fiber and whole grain... in every tasty bite -- frrrrrrosted mini-wheeeeats! didn't know i had it in me. [ male announcer ] throughout our lives, we encounter new opportunities.

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welcome back to "jansing & company." here are some of the top stories we're following. apple is about to make thousands of verizon customers very happy. "the wall street journal" is reporting that apple is making a version of the iphone that verizon wireless will sell early next year. it would end at&t's exclusive cell phone deal. good sign for the job market before tomorrow's big report. weekly jobless claims fell for the first time in five weeks.

tennessee firefighters who let a home burn to the ground because a subscription fee went unpaid are bulking at the scrutiny that the story has been getting. taxes should be in place for all local fire protection. a fresh round of subpoenas in the john edwards' campaign fund investigation. a former aide has said edwards used large sums of money during his 2008 presidential run to keep his mistress in hiding. and alaska's former first dude, todd palin, is calling it a big misunderstanding. he fired off an angry e-mail at joe miller for refusing to say that sarah palin was not qualified to be president. the united states government has take on the blame for a helicopter attack that left two pakistani troops dead and locked the gates to a crucial border crossing for nato forces in afghanistan. now, this has been the recurring scene along those truck routes

along the afghan/pakistani border. gunmen torching dozens of tankers in seven separate attacks depriving combat forces of their supplies. richard lui is here with a much better look at how this block aid is impacting u.s. troops and that is really the key question here, lui. >> 150,000 some odd troops from the nato forces and of that there are about 90,000 u.s. troops and i'll show you what that looks like on this map. 90,000 u.s. troops that are now stationed there. afghanistan is land locked. that's the challenge getting in the supplies from the arabian sea or caspian sea. the major crossings are up here in the north and in the south and that's chamin. 70% of all supplies go through that route. through the port of karachi. that is about a 24-hour drive, that is about a 1,200 mile

drive. with that closed now, all they got is what is happening and that is only 10% of the supply. another challenge for them, if this does stay closed in the north, is that we're also going to get the supplies in. what nato is saying what we are also looking at, two other possibilities should that border crossing in the north stay closed. all right, these are the supplies here that are at risk and i want to show you at the moment, chris. first of all, describe as nonle nonlethal. fuel, clothing, military vehicles and spare parts. reaching the troops there, hundreds if not thousands of the trucks are just stuck. these are just some of the pictures we wanted to show you that we found earlier and attacked by militants who are taking advantage of the situation. these are the same containers that we see all the time. chris, 1,000 trucks pass through that northern border and they now cannot go through. largely, these drivers are getting killed and many of them,

they're sitting by the side of the road and in some of the pictures by the sign of the trucks because there's a lack of security. they're trying to guard their trucks on their own. of course, that would be very difficult. you know, officials, though, saying all of this not affecting supplies yet. we're talking about days is why that has been closed. >> this is not the only flash point going on there. >> of course, we have the flood. the situation of the flood affecting upwards of 20 million people from the flood so far months after this happened and that's a strain on the government. certainly along the violence that we are talking about and meeting expectations. this wall, of course, maintaining a security of its nuclear missile arsenal and that has been talked about a lot during the situation and pakistan remains an important issue that is competing right here in the united states. as we're talking on our air time about the silly season and editorials are saying, you know, the reason why they may not be getting as much attention is because of war fatigue, as well

as the economy. and this recent border has been talking about adding to all of that. >> there's a new update on that whole situation. texas governor rick perry going toe-to-toe with the search with the mexican government for hartley. mexico needs to use every possible resource to find hartley. he even asked mexican president felipe cauldron to call him. yesterday david hartley's family placed a wreath in falcon lake, texas. a week ago david's wife, tiffany, said the couple was jet skiing in the lake when they were attacked by those pirates. she said david was shot in the head and left behind. janet joins us from texas and what is the latest on the search there, janet? >> hi, chris, good morning. we do have new information and that is that mexican authorities have boats, helicopters and what they call specialized personnel working on this search as of yesterday afternoon that is

confirmed by u.s. officials who have seen those resources out there on the falcon lake reservoir. it does come a week after this attack happened, as you indicated, but, finally, some hope for this family. hoping to bring david hartley's body home. you mention texas governor rick perry with his call to mexican president felipe cauldron. a number of texas congressmen are hold agnews conference today, this afternoon. they are also expected to make a plea for the return of david hartley's body. as you indicated, tiffany hartley returned to the scene yesterday. she went out on a boat, not on the mexico side, stayed in u.s. waters, but put some flowers in the water, sort of a final good-bye to her husband. chris, back to you. >> janet, thank you so much. okay, we want to take you to, we weren't expecting this, christine o'donnell who famously put out that campaign aid saying i am not a witch, she is the senate candidate republican tea

party-backed candidate is taking questions at a local event. let's listen in. >> absolutely. going over to election day, we do have that. we have coordinators who are putting on breakfast and things like that. if you have the names of specific people who want to meet me. i would love to call them because it is my goal. my goal is to meet as many of the voters as possible, get to know them, get to hear their concerns and give them an opportunity to get to know me, as well. >> that's going to have to be the last question. >> well, i don't recognize you, so, i know we haven't had a chance to talk. >> well, just a follow up on this question here, you said these gentlemen for further opinion an assault weapon ban -- >> all right, this is in new

castle, delaware, at the state pistol club. she is going to be asking a lot -- lisa caputo, you're laughing. >> i am. the state pistol club. >> the delaware state pistol club. so, she's there answering questions. obviously, we'll continue to listen in and hear what else she has to say. we have another question. who is more powerful? house speaker nancy pelosi or lady gaga. the pop culture funaphenomenon. all right, here's the top ten. first lady michelle obama. on the same page, frankly, as ellen degeneres and ceo of kraft foods rubbing elbows with oprah and then beyonce. rachel maddow comes in at number 50. the new edition of "forbes" magazine is out right now. let's bring in the vp and

publisher of "forbes" women and also joining the conversation lisa caputo and joy-ann reid. this is the question that everybody wants to know-how is this arrived at because, is it possible that lady gaga is more powerful than the speaker of the house? >> thanks for having me here today. i think this is a really exciting list for forbes. this is the first time that we've looked at a much more expansive definition of power. traditionally, power means title, rank, government power, money and we really wanted to take a look at the power of cultural impact and social change. we looked at different realms of power and the fact that different rounds of power may have different impact, but we need to take them into consideration and you take a look at someone like lady gaga who comes in at number seven on our list. in just two years, she's propelled to become one of the most dynamic and active figures leading social and pop culture

change today. sure, that's different power than michelle obama or hillary clinton, but the fact that she's 7 million twitter followers and a huge facebook community means power. power to move things quickly and power just the click of a mouse. >> i don't know if it's going to translate into those twitter followers actually going to the polls and voting on that issue, but do you think that cultural impact has grown to the point, twitter, facebook, fame that it has the same kind of or even exceeds the impact of somebody who sits in the halls of congress? >> i don't think it exceeds the impact of somebody who is the impacting legislation. >> she is making a lot more money, we'll say that. >> i do think there is something to be said for social impact and the impact on pop culture which

is why you see politicians and public figures who are elected moving, starting really with bill clinton into those channels. remember when bill clinton went on arsenio hall playing the saxopho saxophone. all to get into the pop culture dialogue. >> he is the man to blame for all this. >> i think there is something to the social impact. but one has the responsibility when you put together a powerful list to really make it clear what are the levers driving the rankings on those lists. sometimes that gets lost in the coverage and i think it's really important what mira is saying, this is really about social impact and how the power of that can impact people's day-to-day lives. >> beyonce, ellen, hillary all right up there. angela merkal. she's running an entire country and nancy pelosi, third in line to the presidency, but i thought

the juxtaposition, but she's a first lady and it's not traditional to see a first lady on that list and then a wonderful crusade about nutrition and the person right next door is kraft foods, who is selling salty snacks. then the famed monster, lady gaga and fame monster is more powerful than the women who moved 400 pieces of legislation and -- >> i think the juxtaposition is interesting, but i think we also need to recognize that power today means very different things. and we're not placing value judgments on the type of power, but the fact that one individual, for example, ellen degeneres, the fact that each day she speaks to 3 million individuals. she has a huge online following and twitter following of $5 million. she's leading some of the most dynamic conversations on gay and lesbian rights and she's also a huge business. the fact that she has this type

of power to lead change is recognizable and noteworthy and it's a different type of power and it's a different type of influence than other individuals on this list. >> we have to let that be the last word, but it's fascinating. people can find it all in "forbes" magazine. thank you for coming on. lisa great to see you, joy-ann, we'll hear more from you later. former duke university student spills everything, i mean everything about her college sex cupaid. were her actions criminal? said:♪ ♪ free 'cause that's how it ought to be my brother ♪ ♪ credit 'cause you'll need a loan for one thing or another ♪ ♪ score 'cause they break it down to one simple number ♪ ♪ that you can use ♪ dot to take a break because the name is kinda long♪ ♪ com in honor of the internet that it's on ♪ ♪ put it all together at the end of the song ♪ ♪ it gives you freecreditscore-dot-com, ♪ ♪ and i'm gone... >>offer applies with enrollment in triple advantage.®

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but now a controversial at a top university and raising about privacy in the digital age. jeff rossen has more from north carolina. hi, jeff. >> people gossip with their friends all the time about sex, it's normal. people do it. but this is something entirely different. a woman when she was a student here at duke, she had sex with more than a dozen men, 13 men in all. most of them duke lacrosse players. but instead of gossiping with her friends about it, she sat down at her computer and wrote down a powerpoint presentation detailing their sexual performance. we're talking about pictures of the men, everything. she e-mailed it to a few close

friends and then it got leaked everywhere. that's her. karen owen. these days duke's most infamous author and she's naming names. the men who were good and bad in bed. karen even ranked their performance on a bar graph. we're hiding their identities, though karen did. she wrote it like a thesis. the title, "excelling in the realm of horizontal academics." from her sophomore year all the way through her senior year at duke. she just graduated and karen calls each man a subject and sex with them, data collection. she brags about having sex in the duke library during finals week and in suvs. but karen also came off vicious saying of subject number one, it was over too quickly. here on the duke campus, it's the hot topic. >> it's funny that we know the people on it. >> did you read any of it? >> i skimmed parts of it. it was very detailed. >> reporter: karen says she often met the men at campus bars like shooters. the sex often fueled by alcohol.

in my blackout state she wrote, still managed to crawl into bed with a duke athlete. in fact, she claims, all the men were athletes. most duke lacrosse players. a sensitive issue around here since the duke lacrosse scandal of 2006. a stripper accused three players of rape at a team party. in 2007, the charges were dropped, but the damage was done. some here say this new sex scandal won't help the school's reputation. >> this is the last thing this unitarsneeded was something like this. >> reporter: it has gone viral and posted on several websites. karen sent her sex ranking presentation to a few friends and then they e-mailed it around and they e-mailed it and so on. a growing problem. >> nothing is amongst friends. if it's shaird online, it's shared with the entire world. young people every time they hit send it is like a bullet in a gun that you can never get back. at the time she seemed proud of her work. got fantastic stories for the

grandkids. but things have clearly changed. while karen wouldn't go on camera for this story, the website jezabel.com say they did interview karen since her presentation ranking was released and she regrets it and wouldn't intentionally hurt anyone on the list. by the way, we reached out from a spokesman from duke university and they said the well being of their students is a top concern and they're reaching out to everyone involved. it's a doosy, chris. dan abrams is here. anything anybody can do about this? let's start with the guys. they don't like the characterization, they are humiliated and embarrassed. >> are they going to claim it is false? if they are going to say there are things in there and we don't need to go into the details of what could be false, if they were to say the details about me were false and it is private figures, there's no question that they could file a lawsuit if they chose to. now, there's a different

analysis if maybe it's true or you don't want to litigate whether it's true and you simply want to say it's an invasion of privacy or intentional infliction of emotional distress. >> is that a weaker case? i >> it's a tougher case to make when it's true. it would be much tougher to sue. people have done it in the past. there have been other cases where bloggers have talked about their sexual exploits and some of the quote/unquote victims have sued. it's not an easy lawsuit. >> and she did not intend it for a wider audience. so, is it possible, that she could go after the three, i think it was three people that she gave it to who then distribution went from there. >> probably not, because it would be hard to suggest that she was the victim of this, but some of the others could because the minute you distribute something, the minute you send it out as a legal matter, you're taking responsibility for what you're sending out. so, even if you're not saying it and you're just forwarding it,

you can be held legally responsible for what you're repeating, forwarding, et cetera. again, don't think that's likely in a case like this, but i think the point, the broader point about where we are is interesting because this is, in effect, like having told three friends and then having taken notes. that's what she did. she sent it to three friends and then the friends sent it out. it's a tough new area of the law. >> and the law hasn't kept up. let's face it. >> but that's the reason why, for example, i think i mentioned to you at media height we got that early on and we blocked out the names and the faces and decided in the end it wasn't worth it. >> dan, always good to see you. >> all right, chris. >> this discussion will continue. meantime, if you're a woman in the workplace, it pays to be not just skinny but really skinny. for men, not the same story. fatten up there, abrams. what a way to start the playoffs. a pitcher for the phillies throws a gem of a game and lands

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