plus the white house stands up for gay rights overseas. but how is their record here at home? and today in washington, the republican candidates court jewish voters. why is ron paul not invited? and the day that will live in infamy, as the nation remembers the 70th anniversary of the attack on pearl harbor. were there warning signs? good day, i'm andrea mitchell live in washington. newt gingrich holds commanding leads in iowa and south carolina and has closed the gap with mitt romney in new hampshire. now he also leads romney nationally. up by 15 points in the first gallup daily tracking poll of the republican race, msnbc contributor, chris solisa, most managing director of post politics.com has our daily fix. the question is can newt's organization, especially in iowa, can that match what he's doing in the polls? and one sign is that he so far and there's a 4:00 deadline, so far, has not filed his papers for one of the later primaries

in ohio. >> in fact missed a filing deadline in missouri. now granted, it's for a beauty contest. it's a nonbinding caucus in february. but still, here's what i would say, andrea. the answer is can his organization catch up to where he stands in the polls? the answer to that almost certainly is no it's very hard to build these things on the fly. we're now less than a month, amazingly, 27 days from iowa. i just don't think you can build something that can take a year or more to build. that said, i'm not sure organization matters as much as people like me tend to think it does. i keep going back, mike huckabee, 2008. mitt romney had the best organization by far in the state of iowa in that republican presidential caucus. mike huckabee had almost no formal organization. he had home schoolers, he some churches, it was very much a patchwork organization. not the traditional political organization we think of.

mike huckabee won iowa. so i don't know if we're focused too much on organization. but if organization does matter like it has with the exception of '08 in the past, i think gingrich winds up coming up a little short organizationally. >> now, there are also some signs that mitt romney is finally beginning to shift gears and take newt grin grich on. new ad, he's actually beginning to look more and take newt gingrich more seriously as he needs to. chris in what about that? >> i'm sorry, i was -- here i was waiting for the ad to play. yeah, you're exactly right, andrea. look this ad is fascinating, i see the pictures now, you've got lots of young mitt romney, young ann romney. the romney family. there's no mention of newt gingrich in this ad. but it looms, and youia we know that newt gingrich is someone

who has had a turbulent life. he's been married three times before. and had an affair. it's hard to bring that stuff up directly in an ad or the campaign trail. but romney is clearly drawing a contrast. he says i've been a man of constance and steadiness and my marriage is the best example of that. that not by accident. it comes with newt gingrich, as newt gingrich rises. >> you could infer from that that he's trying to counter the whole arguments of him as a flip-flopper on different issues. >> it's a two-fer. >> dual-prong, no question about it. >> chris, see you later, thanks so much for starting us off today. and the president is going populist, as he unveils his re-election campaign themes. on tuesday he argued that more has to be done to help people victimized by those who caused the recession. >> it was wrong. it combined the breath-taking

greed of a few, with irresponsibility all across the system. and it plunged our economy and the world into a crisis from which we're still fighting to recover. >> with me now, west virginia democratic senator, joe mansion and illinois republican senator, mark kirk. and the two of you share a position on the payroll tax. >> yes, we do, andrea, thank you for having us, we appreciate it very much. mark and i have been doing our bipartisan luncheons since we became senators a year ago. and we happen to be together last week. i was telling mark, mark, i can't buy this taking money away from social security and putting it deeper in the red. if you will. and we'll never have the political will to go back. i just don't think i can support my, my democrat's side proposal. and he said, guess what joe, i can't support mine, either. that's how this started, andrea. >> you're going up against your party, senator mansion. and at the same time, you're denying the middle class the virtues of the payroll tax that

the president has been campaigning so hard on. aren't you putting the president on the spot on one of the signature issues as he kicks off his campaign? >> it shouldn't be about the next election. it shouldn't be about politicking. andrea. it should be about the next generation and being american. it's been the one shared sacrifice, if you want, with payroll, 6.1 each. we both pay, employer-employee, at 12%, now we're down to 10%, they want to take it further. we'll never have the political will to go back and the one tax that's been dedicated strictly for the purpose of retirement and saying that we're going to decimate that, i think it's just so wrong. if they want to bring other proposals, i'm more than happy to entertain them. but social security is not where we should be right now. i voted for it last year. i can't see any appreciable gains that our people have gotten jobs from it. i haven't talked to an employer who says they're going to hire a person because of that. crippling social security is the

wrong way to go. >> senator kirk, republicans have supported the payroll tax in the past. a number of republican candidates support the payroll tax cut. why are you so dead-set against it? >> because both the democratic and republican bills will cost social security $250 billion. the program is not a welfare program. it's a retirement security program. paid by contributions. and we shouldn't cut contributions. one of the lessons of europe is that you can't run a retirement security program without contributions. right now, 10,000 americans qualify for social security each day with the retirement of the baby boom. social security is already running $10 billion in the red. if we pass this legislation, either the republican or democratic bill, social security increases its losses by 20 times and the government will replace those losses with government bonds, that no longer have a aaa credit rating from standard and poor's. >> senator, let me just ask both

of you, senator kirk, first to you, what if they come up with another way to pay for it a millionaires' tax or some way that does not hit social security recipients. >> directly or indirectly? >> it has to hit social security recipients. what this does is it cuts the contribution to social security. under the democratic plan, they have a political tax against millionaires. it doesn't recover the losses until 2021. three presidential terms from now. under the republican bill, it's a set of pay, a set of spending reductions, which may or may not be enacted over time that still doesn't pay the losses back to social security. until 2018. you know, seniors have enough to worry about, they shouldn't worry about the congress cripples the social security trust fund. >> andrea, if i may, you know if you look at where we are today, we have $15 trillion of debt. weaver going to $17 trillion and we're projected to go to $21 trillion by 2021. if we have that much debt that

we're carrying, we're adding more to it and taking away a funding stream. don't you believe that's a disaster, that's going to happen? a wreck that's going to happen? that's all we're saying and if we're going $5 billion a day, every working day, $5 billion more we're adding to our debt, don't you think we have the responsibility to reverse that? i'm saying we've got to get our financial house in order. if you want to put predictability, you want to put employment back to where people can work and find work, put some consistency back into the system. right now people don't have any confidence. mark and i have talked about we're down, we're an institution has 9 % approval rating and we're rapidly losing the support of our family. now something's got to change. >> well, i just, i hope you still have the support of your families, senator kirk, senator mansion. the president has been calling for bipartisanship on capitol hill. i'm not sure that he meant for the two of you to get together and go up against his signature program. but it's great to have you both.

>> we're willing to work together to move this country forward. we're not worried about the next election. minor anybody else's. it should be about the next generation. >> thank you so much, senators kirk and mansion. and for the first time the u.s. says it will use diplomatic and economic pressure to promote gay rights worldwide in a landmark announcement in geneva. secretary of state hillary clinton said human rights and the rights of homosexuals are inseparable. joining me now, brian molten is the chief legislative representative here for the human rights campaign. thanks so much, brian for being with us this really mirrors what hillary clinton did in 1995 when she went to china and said women's rights are human rights. now she's saying gay rights are human rights. and saying it on a global stage. how did it make you feel? >> it was tremendous speech. and president's memo issued earlier that day, a tremendous public statement of the administration's position, particularly in conjunction with world human rights day coming up on december 10th when we recommit ourselves to fight for

human rights internationally. for them to make lgbt rights part of that was really tremendous. >> at the same time are they playing catch-up for being slow to make good on campaign promises from 2008 to the community? >> well you know, i think the secretary acknowledged in her speech that you know, even in the united states has further to go on its human rights record when it comes to the lgbt community. i think they've acknowledged there's still a lot of work to do domestically, but it shouldn't stop us from trying to move the ball forward globally as well. >> you got a lot of opposition from the republican side dhxt was rick santorum talking about the gay rights agenda. >> obviously the administration is promoting a particularly agenda, they're doing it here in this country and now they feel it's their obligation to promote those values not just in the military, not just in our society, but now around the world. with taxpayer dollars just in the case of abortion, where a large number of americans, the majority of americans would

probably disagree with this policy. >> and senator santorum certainly reflects most of the presidential candidates' with the possible exception i guess of jon huntsman. >> sure, i think we should focus on the fact that we're talking about 80 countries where it's still criminal to be an openly-gay person. >> look at uganda. >> nigeria is looking at a law in russia you have gay rights demonstrations and groups being cracked down on by the state. so we're talking about you know, agreeing that lgbt people should be treated as human beings internationally. and i don't agree with the senator that, that that's not a value that americans largely can get behind. >> briefly, brian, does that mean that the lbgt community is going to be actively engaged in the re-election of barack obama? >> i think absolutely. he's done tremendous work, this is one more example and we want to keep that moving forward. >> thank you so much. up next, white house senior

adviser, valerie jarrett, the president's populist pitch and a senate fight over a new consumer watchdog. have a question you want me to answer? join me this and every monday for a live web chat between 2:15 and 2:45 online. this is "andrea mitchell reports" only on msnbc. tural, z. but if you're wrong, you're insinuating she's fat. save yourself. it's only natural. have given way to sleeping. where sleepless nights yield to restful sleep. and lunesta can help you get there, like it has for so many people before.

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president obama unveiled a new populist attack on the republican party in kansas. even embracing the slogans of the occupy wall street movement. how will that sit with his wall street fundraisers and independent voters? senior white house adviser, valerie jarrett has been the president's opponent person for the business community and joins me now from a cloudy, rainy white house north lawn. thanks for being out there for us today, valerie. >> my pleasure, good afternoon, andrea. >> the president was channeling teddy roosevelt, threatening

everything but the big stick on republicans and talking about wall street greed. aren't you going to get some blow-back from some of the president's contributors and fundraisers from wall street? >> no, i don't think so. look, this is a make it or break it time for the middle class. there's a lot at stake here. people all across the country are struggling to make ends meet. we need to do whatever we can to jolt the economy. and the president believes the payroll tax cut, is very important and it needs to be extended in the briefing room. we have a clock that's running that shows that in the event that payroll tax is not extended by january 1st that's going to mean $1,000 out of the pockets of hard-working americans. we can't afford that right now. they just need some fairness, they need a break and that's what the president is going to fight for. >> this is how mitt romney responded. he was in arizona yesterday, reacting to the president's speech, which was of course in kansas. >> i thought in what way is he like teddy roosevelt? and teddy roosevelt of course,

founded the bull moose party. one of those words applies. when, when this president is talking about how he's helped the economy, one of those words applies. >> do you still think that you're going to end up campaigning against mitt romney? or do you think now it could possibly be newt gingrich? >> you know i have no idea who the republican nominee will be. what the president is focused on each and every day is how to move our country forward. that's why he gave his speech yesterday. he thought it was important to pry an historical context to he roo mind us of the values that we belief in so strongly. that's made our country the amazing one it is. it's about the shared sacrifice and looking out for one another and he recognized the recent trend that shows the very high income and investment is growing exponentially. while everybody else is struggling to make ends meet. that's not good for anyone in our country. it's an appeal of inclusion, of

mutual responsibility to one another and to really fight on behalf of the american people. that's why tomorrow we are pushing so hard for the confi confirmation of rich cordray. today at the white house we have a bipartisan group of attorneys general who support his nomination. we have the u.s. conference of mayors, who across the country, mayors have said people in our community want a strong consumer financial protection bureau. in ohio today, members of the consumer financial protection bureau are releasing for comment a two-page agreement that makes credit cards simple so that everybody knows what they're getting into before they sign on for obligations. know before you owe. when you look at all of what the president is fighting for, that has a broad appeal. and that's what, that's what he's going to do as long as he's president. >> valerie, what do you say to joe mansion. i just interviewed senator mansion. he is against the payroll tax cut being extended. because he says it's going to end up coming out of social security. >> well i heard, i heard both senator mansion and i also heard

my hometown senator, kirk and they're just mistaken. this has no impact on the social security fund. it is replenished. what it does do is recognize the fact that in this tough economic time, the middle class just needs a break. and what we cannot afford to happen and for a republican party that has taken this oat of not increasing taxes and that's why they're fighting against the president's pay for that would provide for a modest tax increase for those at the very high income. they're willing to sign that pledge when it aks the very high income. but yet they're willing to see taxes on middle-class americans go up by $1,000 next year. that's just not fair, andrea. and that's what the president said yesterday and that's going to be his message and we're going to fight hard to make sure before anybody goes home for a winter break, that that tax break is extended. as well as unemployment insurance. >> a couple of quick things. senator reid was just quoting the president as saying on the phone with him, he's willing to stay home and let michelle and the girls go do hawaii.

if it means fighting for all of these -- >> absolutely. >> that he would not take his vacation. >> absolutely not. he is intending it stay right here in washington. he intends to hold congress accountable. leader reid made the same commitment. and so it's important that everybody do their job. because there's so much at stake. that's why we have the clock up in the briefing room, showing 25 more days to get the work done that's going to be so important for 160 million americans. this he are out there right now, wondering whether congress is going to step up and do their job and take care of them and give them just a little bit of extra cash in their pocket. which will provide a jolt to the economy as well. and so, that's what we're going to be fighting for in the closing days of the year. >> now valerie, foreign policy, i came back, just landed a couple of hours ago from israel. and michele bachmann later today is going to join other republicans at the republican jewish forum. and one of the things that she is going to say is that our policy, meaning the obama

policy, has confused engagement with appeasement and has inspired israel's enemies. she goes on to say that secretary of defense, leon panetta recently once again publicly displayed this administration's disdain for israel. putting israel on the same footing as the palestinians and declaring that they get to the damn table to resume peace talks. and the president derisively said there was something he had to respond to every day. >> there's a feeling that there's a lack of trust between the president and the prime minister of israel as. >> there's no stronger ally to the you state as israel. and a country that we care deeply about and that we will protect and the commitment is steadfast and that's as simple as it gets. >> is there any chance that he might go there in an election year? i'm told they're considering the possibility. >> it's too early to comment. >> would you rule it out? is time too short? >> andrea, i wouldn't rule it in

or out. i know he very much enjoyed his last visit to israel. he'd love to go to israel. it's a country he cares deeply about in a very personal way. and as the president of the united states, our commitment to israel is absolutely steadfast and unwavering. >> valerie jarrett, thank you very much. thanks for joining us. and up next, we have our politico briefing. is newt's surge a game-changer? it's like having portable navigation. a bluetooth connection. a stolen vehicle locator. roadside assistance. and something that could help save your life - automatic help in a crash. it's the technology of five devices in one hard-working mirror. because life happens while you drive. this holiday, give someone you love an onstar fmv mirror for only 199. visit onstar.com for retailers. yes. but lately we've been using k-y® intense™.

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in today's politico briefing, is newt's surge for real? politico's joe williams joins us now. hey, joe. thanks so much for being with us. we've seen a surge in the polls. newt gingrich has a lot of baggage, some say. his past records, but he's seeming to prove and certainly the polling indicates the internals of the polls that people aren't bothered by his past record. they like his experience and they like the way he's been debating. >> well, they don't care now. it's no question that his surge is real. the question is, is it sustainable. because remember, this was a

man, many months ago, who was left for dead after there were headlines of a staff mutiny during his trip to greece and after the headlines hit about his credit at tiffanys. but the republicans continue to search for an alternative. whether or not newt is the long-term answer to the question remains to be seen. certainly he's got the white house changing course and mitt romney sweating a little bit. >> at the same time, gingrich is -- gingrich has so many problems as he faces -- >> to say the least. >> the first republican voting in iowa. we've seen that he, he hasn't done very well, in terms of having contacts with voters there. he really comes in way behind the others. >> well, that's the question, isn't it. that the ground game, that most candidates establish in iowa, to get the early surge, is notably lacking, his fundraising is far behind mitt romney and rick perry and ron paul. he doesn't have the outreh. edepending largery on free

media. an air war, tv ads to try to get his message to voters. so far, so good if you're in the gingrich camp. it looks lying he's connecting. whether or not it's sustainable is anybody's guess. >> joe williams, stay on it, we'll be watching, stay on it. breaking news out of pennsylvania, where we have just learned that jerry sandusky has been rearrested. authorities showed up in four unmarked cars, the center county district attorney's office took him into custody. say it was not for a violation of bail, but for something else, we'll continue to follow this breaking news and have more as we get it. acchiato, light hot chocolate hold the whip, and two espressos, make one a double. she's full and focused! [ barista ] i have two cappuccinos, one coffee with room, one large mocha latte, a medium macchiato, a light hot chocolate, hold the whip and two espressos, one with a double shot. hehe, that's not the coffee talking. [ female announcer ] start your day with kellogg's frosted mini-wheats cereal. the 8 layers of whole grain fiber help keep you full

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consumers. >> never in the history of the senate has someone's nomination been blocked because one political party simply didn't like the way the agency worked. >> republicans senator richard shelby of alabama is the ranking member of the banking commit and joins me now. you're leading the opposition. what's wrong with cordray? what about him personally? is he not qualified for this job? >> we didn't get into his qualifications, we haven't gotten that far. >> senator, with all due respect, isn't that the issue? >> andrea, wait a minute, if i can. you asked me a question. >> if i can answer. the question is not whether he's qualified, the question is of the structure. is it, was passed and set up. this would be unprecedented in american history. to put this kind of power in one person. and we've asked for three changes. and until we get those changes, we're not considering the merits or demerits of a nominee. the president could negotiate with us, we hope he will. i don't believe this nomination

is going to be confirmed. but you know, that's up to the senate itself. >> but with all due respect, the agency has existed, elizabeth warren headed it. and at this point, you've got someone who is arguably very well qualified. the suggestions for those three little changes, many would say, would actually take all the power out of the agency. creating a commission to run it. which could be deadlocked and which wouldn't have the power of a single regulator. if we learned anything from the disaster of the financial meltdown, isn't it that we need consumer protection and need some regulation of these banks? >> we're all consumers. we do need some regulation. but we don't need all the power put in one person, subject not even toa appropriations by the senate. not subject to oversight. not subject to a council and not subject to even considering regulations when you have to bring in safety and soundness of our banking system. what we made are substantive

proposals. they're not three little deals, they're substantive. i think they make a lot of sense. the democrats understand this. and if they want to get this show on the road, they can deal with us. i hope they will. >> there are other banking regulators who do not have senate appropriations, have their own independent appropriations. that has been a tradition with regulators. >> well, andrea, you well know the federal reserve has a board of governors and the chairman, you have the fdic this the chairman and other members. it makes more sense, because this is unprecedented power. what we need, not more regulations, but more jobs. this legislation was putting us in the wrong direction, we're trying to right the ship and i believe we will. >> and one quick question on the payroll tax, senator, were you in favor of it, i believe before and now you're against it. why the decision to oppose the payroll tax extension? >> i'm not against any tax relief. i worry about raiding the social

security fund. you know we're trying to save the fund. and then withholding money for it maybe we can find a better way to do this. to take money out of social security fund, to give it to people on unemployed. i don't know if that's a good idea for the long run. we all want to help the unemployed. we want to find jobs for them. but i think there will be something worked out here. >> senator shelby, thanks very much. i did not mean to interrupt you before, sir. >> that's okay. breaking news at the sentencing hearing for disgraced former illinois governor, rod blagojevich. after a telling a judge he's sorry for his crimes he's been sentenced to 14 years in prison. he was convicted on 18 counts of corruption surrounding his attempt to sell off president obama's old senate seat. prosecutors had argued for 15 to 20 years of jail time. nbc's nick bogart is outside the courtroom in chicago. >> a judge just handed down this verdict about five minutes ago. he gave rod blagojevich about a 20-minute lecture on various

failings of his. he said you never even asked a lawyer whether what you had planned was legal. that's because you didn't want to know. you gave yourself the ability to deny this. it was a selfish act. you put your family and risk and essentially, if you had asked a lawyer at any point, is what i'm planning to do legal, it might have stopped the plan in its tracks, but you didn't want to know. he said your ill-suited in many ways to public service, your immaturity, your impatience, your blaming others for your misconduct, your lack for focus and your need for plaudits from the general public. the judge saying the acceptance of responsibility that rod blagojevich gave today, where he said it was, i was governor, i should have known better. he said, i accept that. it came late, but it came late because it's so difficult for a governor to admit something like that. a public person. and he says, you've denied that there was any swap involved, that you never understood that you were trying to swap a public action for private gain. the jury didn't believe you and

neither do i. again, 14 years in prison followed by a couple of years of probation for rod blagojevich. and we expect him to come down and have something to say. the judge is still talking to him upstairs. so we're not sure whether he's going to be committed to the bureau of prisons right away. most people believe that he will be given some time to surrender. andrea? >> thank you so much. 14-year sentence, thanks nick bogart outside of the courthouse in chicago. a short time ago at 7:55 a.m., local time in hawaii, the nation formally marked the moment 70 years ago when the horrific attacks began on pearl harbor. the u.s. navy secretary led 120 survivors, military officers and guests in a moment of silence. several thousand people were expected to attend the annual event overlooking the sunken uss "arizona" memorial. you've been there before, but tell us about the emotions now as we have because of the passage of time. a declining number of survivors who are attending.

>> yeah. there is a very big sense of time running out here. there were 84,000 americans in uniform on the hawaiian island of oahu, the day that pearl harbor was attacked. 8,000 of them survived, 120 of them are here. and for many, it will be their last trip to pearl harbor to remember what happened on that day, 70 years ago. two of the survivors who recently died will be interred with their shipmates aboard the sunken hulls of two of the battleships that were sunk here. the "arizona" and one other. and it's been a very -- nostalgic trip for many of these guys. tom brokaw of course, labeled them members of the greatest generation. they kind of have an aw shucks attitude about that. but they are indeed living history of a very important turning point that brought america into world war ii. andrea? >> of course, and an iconic

moment and such a solemn place. you can't help but be gripped by it when you visit. george lewis, thank you very much for being with us today. and as we continue on the subject of pearl harbor, historians continue the debate over just how much president roosevelt knew and whether the attack could in fact have been prevented. in his new book "december 1941" the author craig shirley argues that president roosevelt did receive a lengthy memo from the office of naval intelligence just days before the attack warning that the japanese had been conducting surveillance on the u.s. paying particular attention to hawaii. craig joins us now. you do argue this was not an explicit warning. so you're not suggesting that they knew there was a point in time and what was about to happen. >> yeah, precisely, andrea. we obviously knew that the japanese had become more militaristic over the previous ten years, they had resigned from the league of nations. they signed the mutual defense treaty with nazi germany and

italy. they had invaded man churia. and indochina. and east china. they were taking on a far more militaristic and far more belligerent cast. and we knew that the roosevelt administration that the japanese had an extensive spy network going on in the united states. and this culminated in the memo that was given to the president by the office of naval intelligence on december 4th. and it outlines all those spy activities that were going on. in it, it suggests that they were looking closely at american military installations. within possible open conflict, is the exact phrase. with the united states either in the panama canal zone, the west coast or the hawaiian territory. >> do you think in looking back and you've done so much exhaustive research in the book here, craig, do you think that washington should have known? were there enough warning signs? there was a headline you pointed out in one of the newspapers,

there was some warning of an attack that could take place on november 30th. should they have worked harder on american intelligence to figure this one out? >> i think they did everything they thought they could do. the real culprit was, as i wrote, it was a failure of imagination. neither roosevelt nor his cabinet nor his military men, nor the officers and men in hawaii, could envision that the japanese would engage in such an audacious attack, moving a large armada, including six aircraft carriers, across thousands of miles, across an open ocean, stop in the middle of the ocean, to refuel and get back up under steam and come within several hundred miles of oahu to launch this attack. and attacks against half a dozen other military installations also on that day on december 7th. we didn't conceive they would really undertake such a venture. >> you also point out there were other attacks. we all focus of course on pearl harbor because it was part of

the united states. but there was also wake islands, the philippines, guam, malaysia. there were other concentrated attacks that day. and the counteroffensive didn't really come until february 1942. >> right. that's when the first attacked the gilbert and marshal islands. the first naval, the first nautical victory for the united states didn't occur until june of '42, with the classic battle at midway, where we sunk actually four of the aircraft carriers that had been used to attack hawaii on december 7th. so for the americans it was a bit of poetic justice there. we were pretty much utterly defensive in the pacific for many, many months up to june of '42. >> this book is a terrific piece of work, craig. i'm so glad we were able to have you on today. congratulations fon your work. thank you. >> more on the breaking news out of pennsylvania. state officials have filed new criminal charges against former penn state assistant coach, jerry san dusky. the new charges are based on evidence and testimony given by

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owners of any traditional mattress brand. it's the perfect time to save up to $200 on a tempur-pedic foundation or ergo base. tempur-pedic. the most highly recommended bed in america. hi there, coming up on news nation at 2:00 p.m. eastern, we're following big breaking news this hour, jerry sandusky has been rearrested in pennsylvania. we have the latest details on why. plus, in just about 15 minutes, newt gingrich will address the republican jewish coalition forum in washington, d.c. gingrich also has until 4:00 p.m. today to file in ohio in order to appear on that state's primary ballot. does this speak to the organizational problems in gingrich's campaign? does it matter at this point, as he is leading in a new poll? our panel will weigh in. and we're following a big storm that could affect millions of people in the south and up and down the east coast. we'll have the latest on that.

join us ahead on "news nation." and more news on the breaking news out of pennsylvania. state officials have filed new criminal charges against former penn state assistant coach, jerry san dusky. on the phone with us now, former prosecutor john q. kelly. what we know is there are two victims that were among those who testified to the grand jury. eight and nine. what does this mean for sandusky? >> well it just means that there are more complainants. it adds increased credibility to the claimsof the other people who are minors at the time of the abuse. and you know, it's just you know, they're going to have higher bail set this time in releasing him and bringing more scrutiny to the entire sexual abuse situation there. >> and at this point, what does the sandusky defense have to say about it? because they've been denying everything he did an interview with the "new york times," denying all of these charges. this just adds to the weight of

the allegations at least against him. >> well, sure, and i think the sandusky defense, the attorneys made missteps all along the way. first of all putting him on the air for the interview and secondly, there was supposed to be a preliminary hearing in two weeks where the sandusky attorney was claiming that at least two of the complainants were going to come forward and deny that any sexual abuse had ever occurred. and prosecutors indicate there was not the case at all. and now you have two other individuals that are stepping forward on top of the eight original ones, claiming they were abused also and i think we probably haven't heard the end of it. >> given that these are two new claimants and more abuse charges as we understand it, is he still likely to get out on bail? >> i think it's going to be a much higher bail and the question will be, whether he has any collateral left beyond his residence to post it. i mean quite frankly, in my opinion, he should not be allowed out on bail. i think he's probably still a danger to the community and

children and he's a flight risk at this time because of the substantial amount of time he'll be facing on these charges. >> and at this point, he also has family considerations, there have been suggestions that, that he should not be in contact with some members of his own family. he lives adjacent to a school. would they put more restrictions on him, likely, john? >> yeah, i hope the major restriction is that he remains incarcerated. you know, i think members of his own family, have requested that he not be around you know, family members that were minors. certainly that he's next to his school is of concern. and as i said, the community is as a whole, is endangered by his prior conduct and potential future conduct. so certainly if they do let him out on bail or he posts whatever additional bail is set for him at this time, i would hope there be very strict conditions in terms of who he has contact with

and his travel provisions. >> john q. kelly, former prosecutor, thanks for joining us and here with me now, peter alexander who has been covering this case nonstop. peter, is this the end of it? or are there other charges still to come? other claimants? >> it's a good question. i think clearly this is not the end of it. this is just victims nine and ten. there were only eight in the initial grand jury report in the time i was at penn state, more than three weeks, we heard from multiple attorneys with multiple new alleged victims who are not just the number nine and ten. that you're hearing from right now. i met one who said his client was referred to by the attorney general's office as victim 11. so i think we can anticipate that this will continue. in terms of your conversation, it was even the attorney for jerry sandusky who said to me that he thought it was very likely that jerry sandusky would be taken into custody again before the preliminary hearing and the effort of the prosecutor's office, the attorney general and linda kelly and the state of pennsylvania to

put him behind bars. there was great outrage in the penn state community, people said why is he not behind bars right now. paterno is holed up in his home. mike mcqueery, the young man assistant coach, coach, the gra assistant who saw the alleged attack take place in 2002 is no longer able to come out from hiding. and yet jerry sandusky is walking his dog every day. we've had a camera out there and they've seen it happen. i think it was a shock to a lot of people in the community that he was not behind bars already and i think a lot of people anticipate this is a way they will keep him locked up. the preliminary hearing is scheduled for the 13th, of course. >> the 13th. thank you very much. peter alexander order this news. also today, in upstate new york, the d.a. said he cannot prosecute the former syracuse basketball coach bernie fine for alleged sexual abuse charges because the statute of limitations has expired but he said the claim by alleged sex abuse victims are credible to him. he could still face charges stemming from an ongoing federal

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elias gonzales is all grown up. his mother was killed in 1999 leading of course to a major international custody fight between cuba and cuban americans in the u.s. this was elian at 8 years old. he now studies at a cuban military academy. he took part in a celebration last night with his dad according to state tv broadcasts. which political story will be making headlines in the next 24 hours? chris cillizza joins us. chris christie is heading to eye waffle he is going tonight so that will make headlines tomorrow. >> let me first say,' lian gonzalez makes me feel incredibly old. to your point with chris christie, we thought he might

run for president. he got out. if there is a surrogate that can be helpful in driving votes, he is the guy. he has a style that people like. in iowa tonight for mitt romney, as democrats point out, who won't be there? mitt romney. so this is in some ways keeping with what romney has done throughout this race which is kind of playing eye waffle he is on television there. he will participate in the debates but also hold back enough that he can say, well, i can't play all that aggressively if he loses to newt and therefore loses his place. >> the other thing that's happening tomorrow, happy sfunt wedding anniversary to seal and sid mitchell. you know who you are in new hampshire. the folks. that does it for us. for this edition of andrea mitchell reports. tamara is right here.

>> we've got a lot of breaking news this hour following the latest. we've got the latest on jerry sandusky. he was taken from his home in handcuffs. we've got details on why authorities went in and pulled hill out. plus, mitt romney spoke earlier at the jewish coalition in washington, d.c. in five minutes, we'll hear from newt gingrich. romney's campaign said it is getting more aggressive. at this point, is there any stopping the tsunami that is newt gingrich? and we're following developing news out of philadelphia. prosecutors are no longer pursuing the death penalty against the former black panther who sued a police officer 30 years ago. michael smerconish wrote about this case. it has garnered international attention. we'll have him join us. of any small business credit card. the spark card earns double miles... so we really had to up our game. with spark, the boss earns double miles on every purchase, every day. that's setting the bar pretty high. owning my own business has never been more rewarding. coming through!

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we are following three big stories right now on news nation. police have rearrested jerry sandusky. accused of molesting children for years. he is now been taken into custody from his home for