predictable. >> first of all, juan, the fact is that more people have been put on food stamps by barack obama than any president in the american history. >> newt's strategy is our news nation gut check. house speaker john boehner is on the attack. >> more spending, higher taxes, more regulations. the same policies that haven't helped our economy, they have made them worse. if that's what the president is going to talk about tuesday night, i think it's pathetic. >> boehner's reaction comes as sources say the president's speech will focus on economic fairness in this country. the paul's versus tsa his son was detained by tsa workers but the tsa says that didn't happen. what did take place? we have new comments from senator paul. >> nobody is thinking about who could attack us or who would

attack us. it's just this mindlessness. the supreme court rule ons whether the police can secretly use gps tracking devices without a warrant. i'm tamron hall. we'll get to politics in saea second. two people have been confirmed killed in alabama after a storm hit the state early this morning. we have some new video coming in of the damage there. there are reports that more than 100 people were injured. searchers are going door to door this morning looking for people who may have been trapped this their homes the the eric fisher has the latest from clay, alabama. >> reporter: good afternoon. obviously, 2011 still fresh in the minds of many. just a horrific force op weather. we did not want to be back here in january. this early tornadic blow not good for many communities in

alabama. we're in clay. this is a commander center where they are trying to organize a lot of the crew to go into the area. we're not being allowed into those areas yet. the situation is still too dangerous. they want to make sure they have a safuation before anyone can come back in. once they open it, we'll head back in. i had chance to walk through the neighborhoods a moment ago, widespread damage and some of the homes are levelled. we have two confirmed deaths from the storms. we're hoping the number does not continue to rise. sunny sky, calm weather the day after the storm. hopefully it will aid the crews. that's the latest here in clay, alabama. tamron, back to you. thank you. we're following breaking news out of chicago, illinois. the office of illinois senator mark kirk says the republican is recovering from surgery after suffering a stroke this weekend. we're told doctors successfully relieved swelling from around

the senator's brain stem fming stroke the stroke high pressure he is 52 years old. doctors say he will recover. dirk durbin said i was stunned to learn mark suffered a stroke. he is young and in good physical condition. i have no doubt he will make a sped di recovering. i've reached out to his staff. they will keep kirk in their praye prayers. new to decision 2012. newt gingrich is about to appear at his only campaign of the day. what some polls showing gingrich leading in florida. tonight's debate could turn into an all out slug fest between gingrich and romney. romney may give us a peek at what he plans later for today. >> in the case of the speaker, he's got some records which could represent an october surprise. we could see an october surprise today from newt gingrich.

at the time he was lobbying republican congressman, was he working with any health care companies that could have benefitted from that. that would represent not just an evidence of lobbying but wrongful activity of some kind. >> ron mott joins us live from a church in tampa. not a bad size crowd. we got a peek at mitt romney's strategy. do we know what gingrich is planning? >> reporter: i think he will attack like he did in the debates. this is a closed primary. when hay go to the polls next tuesday, it will only be registered republicans polling in this presidential campaign. one thing that may be an issue is housing. the housing market has been especially hard hit because of the overbuilding that took place

in heartier days of the housing boom. housing was on the table. literally on the round table with mitt romney meeting with some homeowners to talk about the issue. he's probably going to draw newt gingrich into that debate because of his ties with freddie mac. they are fighting back against this "l" word, calling him a lobbyist. he said it was an arrangement he had with freddie. advertising will be huge here. pr-romney made a significant ad bite. the pro-gingrich super pac has made an ad. the ads should appear tomorrow. >> thank you very much. let's bring in michael

smerconish. it's incredible how many people based nar opinion on the last debate right before the primary. they were impressed by this aggressive newt gingrich. i want to play what romney had to say about being a conservative. >> he said i'm a conservative, but i'm not angry at anybody about it. i don't think our s the party of anger. >> is he wrong? >> yes. he is wrong. he's absolutely wrong. think about that very first exchange with john king. it was a comment by newt gingrich that elicited a standing ovation. they were not applausing newt's version. it has nothing to do with the substance of that question. in my view, it was all about the style. this hard-core constituency

within the gop. they don't want to defeat barack obama at the polls, they want to annihilate him. they are looking for a candidate that will knee him in the groin. mitt romney doesn't appear to have the fire in the belly. they are acting now with their hearts and not with their heads. that kind of response will totally turn off independents in the general election. which would you rather, have get your jollies in the primary or do you want the big prize in the general. >> get your jollies. i'll be writing that down. i want to play what gingrich senior campaign adviser. she talked about what worked in south carolina, what got them the victory there and how they plan to use the same thing in florida. >> first we needed to break the back of electability. so many people believed that romney could win the primary.

the second thing we're going to do is show people they want a tough guy. tough times kauld for a tough guy, not a people pleaser. >> you were saying if the conservatives want to get their jolly, they need to focus on what can win the general election. gingrich's people say they have proven that hi can defeat president obama. i know reviewing the exit poll information that elect ability was right there at the time. those people thought that gingrich was the most electable there. >> i know that. i saw the same internals. they're not looking at the same national polling numbers which show gingrich with an incredible negative in the minds of the electorate. newt has a very high negative that romney doesn't have. head to heads show romney defeating obama or them running closely. i've not seen any survey that

shows that it's newt gingrich who can defeat barack obama. that's what i'm talking about. >> i want to bring up this gallup tracking poll. it shows romney has a one-point lead over newt gingrich nationally. 29, 28. i want top play a bit of this romney ad released today going after newt gingrich. let's play it. >> florida families lost everything in the housing crisis. newt gingrich cashed in. gingrich was paid over 1$1.6 mlg mlgds by the agent that helped create it. he resigned from congress in disgrace and cashed in. >> the campaign ads, the super pac ads all seem far more aggressive than mitt romney may be capable of presenting.

if his aggressive tone does not come off as genuine, he loses again. it seems like newt gingrich enjoys nasty language, hyper rhetoric. that seems to thrill him. >> yeah. that reaction toward john king came very naturally from newt. i argued last twheek i thought it did a favor for newt because he was lying in wait ready to bring the lumber. if you question, if the same circumstance had presented itself to mitt romney, no that i know it would, he would never answer in that way. if he did, you wouldn't believe that was the real mitt romney. even if he takes it up a couple of notches, it will not be perceived as genuine. he's not capable of saying those things and being convincing. >> thank you. we'll have you on tomorrow. you can watch the nbc news republican debate, a special edition of "rock center" tonight

at 9:00. we're following developing news. the supreme court earlier today issued a first of its kind ruling on privacy. the supreme court is saying police cannot secretly put a gps tracking device on a suspect's car without warrant. pete williams joins me now. give us a little background here before we talk about the ruling. >> reporter: the case involved man who was a nightclub owner in the washington, d.c. area who was suspected of being a drug dealer. the police attached a gps tracking device on his car and tracked him for almost a month. it put out data continuously, more than 2,000 pages of records. today the supreme court said that violated the constitution. the court's ruling is based on the phrase in the constitution that a person shall be secure in the person's homes, papers and

effects. they say a car is an effect and therefore, when the police placed the gps tracker, the court said it was an illegal trespass. there's language that suggests the majority is sympathetic to the police trying to track you by cell phone. the reason you're hearing all this noise in the background today, is that demonstrators are here because of the anniversary of supreme court roe v. wade decision. >> they seem cheerful when you consider what you point out they are there for. i know you are having hard time hearing. coming up. >> i think penn state has lost a really huge piece of what is it.

>> we're getting details on the funeral plans of joe paterno. plus. >> nobody is thinking about who could attack us. it's in mindlessness. >> ran paul said he was detained by the tsa. one day after gabrielle giffords says she is resigning, she returns to finish the congress on your corner event. join our conversation on twitter. eggland's best eggs.

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it's great we're all paying tribute to him and remembering him for the right reasons. >> we're here to honor joe.

we brought our granddaughter up. >> he's just been a fan for a very, very long time. >> we're now learning more about the funeral arrangements for joe paterno. a public viewing will be held tomorrow and wednesday. it will be a private funeral wednesday afternoon and an thursday a memorial service will be held on campus. this is what the stadium looked like last night casting a glow. 000s thousands of people have vd the campus. the paterno statue is surrounded by notes. joining me now writer for

"fightonstate".com. >> thanks for having me. >> you see the man that is heartbreaking. he is remembering the many years that paterno was a hero, someone admired. talk about the conflict of how to separate the years of hard work and what he put into that university compared to his on admission that he did not do enough regarding the sexual abuse allegations. >> it's been a very difficult balancing act. toward the end there's a significant negative in his life. for my perspective, i don't think that overweighs the positive he did. we're not just talking about athleti athletics. we're talking about contributions to the school, hospital. i think the outpouring of love and support is because of that. >> what are you hearing from people hold up they reconciled, at least. you have been there for 20 years covering this, how they are able to balance the facts that we know, the upcoming courthouse

with obviously this sad news. you hear people and they are saying this man passed away of a broken heart. >> yeah, it's difficult. this is the guy people looked to as an icon, a hero and almost an infallible person. for the positives he did, really a shortcoming is he was just as human as all of us. from my perspective, i don't think the negative outweighs the positives. the negative is part of the narrative of this great man's life. >> his family leased a statement saying joe made an incredible impact. it's evident in the,000s of successful athletes that have gone onto multiply the impact as they spread out across the country. we have this memorial service. what else do you now about how

rapidly his health deteriorated. the last weeks and days, what do you know about his health? >> tamron, from the beginning, they said this was a treatable form of cancer. i think they were underplaying. i don't think they were doing that to deceive anybody. he's been a very proud man. in the last few years of his coaching career, he had been hurt several time, ill, not able to coach on the field. he tried to down play p any health issues he had. he did not want people feeling sorry. i think this was more serious from the beginning than when he was diagnosed in november and clearly when we saw the washington post story at some of the photos in the way he was portrayed just the trail health, i think this was a lot worst. late last week, we heard that thinks had taken a turn for the worst. obviously, joe paterno, passed away sunday. >> thank you so much. i greatly appreciate it. >> thank you. >> we know a lot of hearts are

broken. next, we'll get a live report out of italy are crews have pulled two more from the ship but still no sign by the people from minnesota. i'm appalled that you would begin a presidential debate on a topic like that. >> tonight, gingrich faces off against mitt romney. will gingrich try to same strategy that we have seen time and time again, going after the media or will it not work. it's our "news nation" gut check. spark cash gives me the most rewards of any small business credit card. it's hard for my crew to keep up with 2% cash back on every purchase, every day. 2% cash back. that's setting the bar pretty high. thanks to spark, owning my own business has never been more rewarding. [ male announcer ] introducing spark the small business credit cards from capital one. get more by choosing unlimited double miles or 2% cash back on every purchase, every day.

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unaccounted for. search clurews are blasting mor holes in the ship to try to find passengers. the number missing is being called into question because officials say there may have been passengers on board who were not listed on the manifest. duncan is live in italy. give us details on why they would not be listed as passengers. >> reporter: costa cruise issued a statement saying they have strict procedures in place to stop unticketed passengers getting on board, but authorities believe there were unregistered people on there. they don't know how many people they are looking for as they search the costa concordia. we know that 15 people died when the ship crashed. there were two more bodies coming off today. they were found on deck four near an internet cafe.

it seems divers are getting better access. have a look at the pictures showing the furniture and debris that the guys are having to wade through. as well as that, the fire service says there's a terrible stench making the air unbreathable from the rotting food. the same time as the rescue mission continuing, the several protection agency say the process of pumping off the fuel can begin. the dutch firm that will do it say they are good to go and it could start tomorrow afternoon. it's going to be a complex operation involving clamping on machinery slowly over weeks pumpbing off the fuel and replacing it with sea water. perhaps unsurprisingly, they are taking extra measures to make sure the beautiful coastline isn't affected. more booms in place. an italian naval vessel on standby incase there's a spill.

>> thank you very much. tomorrow night, president obama delivers his third state of the union. john boehner already said i think it's pathetic. details next. a judge will hear a challenge to dozens of pardons issued by mississippi govern before he left office. we totally got her! [ male announcer ] when you combine creamy velveeta with zesty rotel tomatoes and green chiles, you'll get a bowl of queso that makes even this get-together better. so i used my citi thank you card to pick up some accessories. a new belt. some nylons. and what girl wouldn't need new shoes? we talked about getting a diamond. but with all the thank you points i've been earning... ♪ ...i flew us to the rock i really had in mind. ♪ [ male announcer ] the citi thank you card. earn points you can use for travel on any airline,

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here is what the "news nation" is following right now. paul versus the tsa the rand paul says he was detained by the tsa. and his father is trying to make it about presidential politics. ready to resign the gabrielle giffords announces she is stepping down. we'll tell you how she is wrapping up her term in congress. on air with ryan seacrest. how joe biden responds to a question about claims that newt gingrich wanted an open

marriage. actor tracy morgan is back on twitter after his sudden hospitalization at the sun dance film festival. what he's saying today. a battle today over what really happened during an airport security incident involving a member of the u.s. senate. rand paul says he was detained by the tsa after he set off a full body scanner while going through security in nashville. the tsa refused to let him rescan and senator paul refused a full body pat down. he was never detained and was escorted out the scanning area. i hope i got every bit of information in there, kelly. this is definitely a whacky situation.

>> it was his right leg, if we want every detail out there. >> i left something for you. >> if you go through the arpts, some people find the screening too intrusive others say it's what's necessary. senator paul had no metal on him. that was determined later. at the time he said he did not want to go through the patdown, in part, because he has publicly criticized the tsa for going too far with some of the patdowns. he was not about to subject himself to one going through today. he was able to take a later flight and able to go through security without a problem. his office and his father, the presidential candidate have used the word detained. that struck a nerve with the tsa saying he was not held in custody. he was barred from getting on the original flight. the tsa said when an irregularity is found during the tsa screening process, it must be resolved prior to allowing a passenger to proceed to the secure area of the airport.

passengers who refuse to complete the screening process cannot be granted access to the secure area in order to assure the safety of others traveling. he did not go through the patdown. that's why he was escorted away by local police. he said it was an indignity he had to go through and fight for less of what he considers to be too obtrusive screening. it's an eye of the beholder moment. the tsa saying it acted properly, followed procedures that should apply to all people, even u.s. senators high pressure his father running for president saying it's showing an example of how, in the words of rand paul, they're not doing enough to secure the country. they are focused on patting people down including children and seniors. very tough words. >> he said the police state is growing out of control. i'm curious, when you said in

the eye of the be holder, wouldn't it be clear if someone was detained or not. how is that subject to interpretation. you see people when they refuse to go through, they are pulled over to the side. we see that he, as you pointed out all the time, how is that subject to interpretation. >> i think they did not like the word detained as if he was in custody. there was no dispute he was not allowed to go through. he was kept in an area off to the side. from his experience, he thinks it's appropriate. tsa doesn't like the word and has pointed out that he was not detained in their view. >> thank you. we greatly appreciate it. right now we're following gabrielle giffords as she carries out her last duties. the center opened in september after hundreds of thousands of donations were made in her honor.

earlier she tweeted this picture of her taking care of some unfinished business. she was meeting with constituents who attended her congress on the corner event. >> i don't remember much from that horrible day, but i will never forget the trust you placed in me to be your voice. thank you for your prayers and f for giving me time to recover. i have more work to do on my recovery, so to do what is best for arizona, i will step down this week. >> congresswoman giffords said she will attend tomorrow's state of the union address and her husband mark kelly has been

invietsi invited to sit in the first lady's box. not only are the four remaining candidates gearing up from the debate, president obama is preparing to deliver his state of the union address tomorrow night. first, tonight's debate headlines. what should we be watching for as we grab our popcorn and into another good debate. >> there's a lot at stake. you have newt gingrich, mitt romney and rick santorum and ron paul. it's going to be a crucial debate for mitt romney. whether or not he can get some of the that momentum back after newt gingrich's two solid performances that propelled him toll that win in south carolina. the romney team, clearly, has newt gingrich in the cross hairs in the last 48 hours. we have seen him step up the attacks, calling him out on

freddie mac and fannie mae. he's not that great on the attack. we'll see if he can actual li pull some of these off and if newt gingrich can with stand some of those. >> you make the point that he's not great on the attack. it's so clear that's what's necessary at this point, that he obviously, prevent a factual attack against newt gingrich. >> he really has to show a little bit of chops in these debates to be able to show that he can debate newt gingrich, get some of that limelight back. the one advantage mitt romney has that newt gingrich doesn't, romney's campaign and the super pac supporting him all over the air waves here. they are spending the most money. every ad that you see that's political is either hitting newt

gingrich or supporting mitt romney. it's one structure advantage, but that doesn't do everything for you. he has huge leads in south carolina. the romney campaign knows this is his firewall. if gingrich wins, there will be ablot of questions raised about mitt romney. >> jay carney was just asked about details on what the president will outline be. >> will be supported by four pillars, american manufacturing, skills for american workers and american values. >> we know the president is expected to talk about bringing those jobs back that are now in india and china, insourcing. some insiders say he will discuss this unfairness or what is prerceived to be a level of the wealthy and the 99%. >> the real lynch pin to this

address will be, if you look at that kansas address, this will be all about economic fairness. this is the re-election message and it's something the candidates will have to figure out. remember, this address is tomorrow. the candidates will debate tonight. this is something that's really going to be the central message for the campaign going forward in 2012. >> one more question, mitt romney releasing his tax returns tomorrow. some say of course he would on the day of the state of the union address. what are we hearing? >> he had a really difficult time in the last two debates trying to figure out what he was going to say about these tax return, how he was going to talk about them. he finally has said he will release them tomorrow, the day after this debate. newt gingrich said that's a good thing, but expect the romney campaign to use the freddie mac

stuff, the house ethics investigation to say that newt gingrich isn't being fully transparent. >> thank you. you can watch the nbc news republican debate special edition of "rock center". tomorrow night you can watch the state of the union at 9:00 eastern time. up next, heidi klum confirms she and seal are separating. the supreme court is refusing to hear an argument demanding that justice elana kaga flrks n rekuz herself. the boston bruins got to meet the president at the white house. the team is being recognized for

the 2011 cstanley cup. they have donated more than $7 million to charities. biden said at first no comment. he did follow with a bit of analysis. >> the meter of the american public is pretty well in tuned. i think the one thing the public punishes a public official for is if he or she turns out to be different. if you can't stand the heat, shouldn't be in the kitchen. warren buffet is helping ring in the chinese new year. he well known in china. his song is part of the chinese television new year celebration. ♪ i've been working on the

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there's more whole grain than any other ingredient. that's why it's listed first. get more whole grain than any other ingredient... just look for the white check. the anniversary of roe v. wade tops our stories. the crowd was told that the human life is not a political or economic commodity. he said defending life is not a member of party but about standing on principle. an investigating officer has

recommended an army specialist be court martial in the death of a soldier that committed suicide. hearings for the other seven should be completed by february. jim hood is expected in court later today. he will challenge the pardons issued by haley barber. several murders were among the 200 people the out going governor pardoned. the giants managed to kick off the 49ers after scoring a 31-yard field goal in overtime. in the afc championship it was a field goal that coast the ravens. the kicker missed an easy, i don't think it's ever easy, 32

yard field goal that would have taken the game into overtime. now it's the giant and the patriots going head to head. heidi klum and seal are splitting up. tracy morgan is out of the hospital after collapsing. steph ste steven tyler is being judged himself. let's start off with the separation news, kim. >> yeah, reports started surfacing over the weekend that heidi klum and seal are divorcing. it came to a lot of surprise because they seemed to have the perfect relationship. they are splitting up after seven years together. they say they have deep respect and they still love each other. they do have four kids together. three of them are their kids and seal adopted heidi's child that

she has, her daughter. it's really surprising. this was the couple that everyone thought was the perfect celebrity couple. they renewed their wedding vows every year and the big halloween bash. they spoke about each other lovingly. a lot of pda. very surprising. >> it is surprising. another surprise, tracy morgan has had so many ups and downs. then you hear he collapsed. what do we know? >> he was receiving an award and reports that he was seen maybe a little incoherent in his speech. he was rushed to the hospital. the hospital put out a statement saying there were no drugs or alcohol found in his system his rep said it was a combination of exhaustion and the high altitude that caused this and he put out a tweet. he said he was a kick from

brooklyn and the high attitude in utah is what happened. he thanked the hospital for it. seems like everything is okay. seems like he's with his fiance and he's all right. >> what's not all right is the reviews that steven tyler is receiving after his last performance singing the national anthem. >> yeah. i think a lot of people would say he wouldn't have gotten a golden ticket for this performance. he sang the national anthem and a lot of people saying he maybe butchered the lyrics. make took some liberties and kind of screamed. what do you think you're getting. you're not getting an opera singer. >> here is what you get. i think we have sound. i think we can play it for the audience. let's listen. ♪ and the home of the brave ♪

>> okay. i'm no idol judge. we listened to it again and again. we, meaning me and my producers, didn't see where he flubed the lines. he just did that steven tyler thing. >> what do you think you're going to get? you're going to get a rock star giving his rock star performance. clearly the crowd seemed happy with him. they were happy then we all got t to be happy. >> thank you very much. nbc republican debate is just a few hours from now. can we expect newt gingrich to continue his attack on the media. gingrich has an uncanny capacity to equity with the voters. it's our "news nation" gut check. [ male announcer ] little owen wanted to play, but his nose was raw and sore. achoo! [ male announcer ] and common tissue

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if you've been campaigning for six years, and you begin to see it slip away, you get desperate. when you get desperate, you say almost anything. i think tonight's debate he'll probably stretch the barrier of almost anything. >> of course, that was newt gingrich just a few minutes ago taking aim at mitt romney at one of his events in tampa, florida. time now for the "news nation" gut check. our poll prior to newt's victory in south carolina providing some good information about why gingrich won. the numbers show he got a big surge of support in the last few days of the primary fuelled by his performance in recent debates. 13% said the debates were the most important factor. another 51% said it was one of several factors. half of those people, 50%, decided they wanted to vote for newt gingrich. get this, today an article says the former speaker of the house

comes to play and owns the stage with an uncanny capacity to connect with the grievances of conservative voters. he's used his debate skills to hit the raw nerves op conservatives to camouflage considerable weaknesses. a big part of his strategy has included targeting the media in an effort to woo the audience. >> i'm tired of the media protecting barack obama. >> will newt gingrich pick up where he left off in the last debate attacking the media? go to facebook.com/newsnation. we asked which candidate do you think had the worst week, referring to last week? was a it newt gingrich or rom with the time face issue about

his income and he didn't win iowa. the worst week was handed to romney. 23% voted for gingrich. 77% went romney's way. that does it for sh"news nation" martin bashir is up next.

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it probably also doesn't hurt that i'm a world-famous advertising icon. cheers! i mean, who wouldn't want a piece of that? geico. ah... fifteen minutes could save you fifteen percent oh dear... or more on car insurance. good afternoon. it's monday, january 23rd, and here's what's happening. greetings from sunny florida. >> if they want somebody that be be timid, they ought to vote for romney. >> he was failed leader. >> where the beach brawl is on. >> i did no lobbying. he is saying things that are false. >> saying that gingrich is a lobbyist, is a matter of fact. >> indeed,