david boies is being like a street fighter with this suit. imagine there will be more amended complaints coming down. david: when you heard these companies, aig and american express call themselves banks you knew there would be fall back on that. >> everybody hung out a shingle saying they were a bank, right? liz: thank you, liz on the breaking news from liz macdonald. david: good stuff. what happens when you hit the gas instead of the brakes? your car ends up inside dunkin' donuts that story and more and video in 3 1/2 minutes when we go "off the desk". liz: all day friday, it is the business of vice. we're focusing on gambling, alcohol, adult entertainment and so much more with executives from all these areas and a few surprises. wait until you see where i am on friday. find out where there's opportunity to profit. these are multibillion-dollar opportunities, only on fox business friday. david: the crew is very happy about this. ♪ .

and ted olson and david boies fought it out at the supreme court. that was then, but this is now.f anybody had told me in the year 2000 after bush versus gore that i would be sitting with you both today on the same side of a case about gay marriage, i would have said, are you nuts? >> in the first place, i think we both came to the conclusion that we could probably be unbeatable if we were on the same side. but if we were on the opposite side, one of us would lose. >> neither one of us likes to lose, so. >> with the election over they became friends, really good friends, even though they still square off in court as recently as last month. >> on opposite sides. it was really great -- >> who won? >> the judges will tell us. but i will tell you one thing, and that's i like it a lot better than when he is on my side than when he is against me. >> they are teaming up in what they both say is the biggest case of their distinguished careers. >> i think this is the defining the civil rights issue of this time. >> it wasn't a republican issue or a democratic or a conservative or a liberal

david boies and ted olsen. chad griffin is the president of the human rights campaign and started the original appeal of proposition 8 that made it all the way to the supreme court today. chad, thanks for joining us. pete talked about some level of expectation with some folks this might be the gay marriage or the gay rights roe versus wade and he thinks based on what he heard today, we're more likely to go for a narrow ruling, maybe overturning prop 8 in california, but not broadly in the country. is that enough for you? >> i will leave it up to pundits and reporters like pete, to be able to read into what these justices, the questions that they ask at the end of the day, the justices ask tough, probing questions of both sides, that's what they're there to do. what i focus on is the incredible argument that ted olsen made before those justices and the case he made that by denying the couples, the fundamental right to marry the one that they love, it harms them greatly. and by the way, it also harms no one else

it's been the dull minutaticulm long journey, and we're so thankful for ted olson and david boies.g forward to the court's decision. thank you. >> now sandy and i would like to introduce you to our sons, two of our sons, spencer and elliott perry. >> hello. my name is spencer perry. this is my twin brother elliott perry. we're two of chris and sandy's very, very proud sons. on behalf of myself and my twin brother, i just want to say how incredibly proud we are of our parents. we love them. we love our family, and we look forward to the day when we will be treated equally just like our neighbor's families. thank you so much. >> you're listening there to ted olson and david boies, who are the attorneys who were arguing in front of the supreme court today, the plaintiffs there who are trying to have the ban, the proposition 8 ban in california struck down. speaking. chris and sandy showing up with their two twin sons there, talking about what it means to them as a family. paul and jeff talking about what it means to them for their family. and just reminding everybody that california f

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joining us one of the key lawyers in the fight, david boies. plus, the rest of our roundtable, chairman and founder of the faith and freedom coalition ralph reed, had hilary rosen, and david brooks and e.j. dionne rejoin the conversation. we know why we're here. ♪ to connect our forces to what they need, when they need it. ♪ to help troops see danger, before it sees them. ♪ to answer the call of the brave and bring them safely home. [ female announcer ] around the globe, the people of boeing are working together, to support and protect all who serve. that's why we're here. ♪ plays a key role throughout our lives. one a day men's 50+ is a complete multivitamin designed for men's health concerns as we age. it has 7 antioxidants to support cell health. one a day men's 50+. >>> you can follow me each day on twitter @davidgregory. this morning i posted some of the reading i've done preparing for the program this week including a great piece in "the atlantic" on king abdullah of jordan by jeffrey goldberg. i've even posted my ncaa bracket which is a d

part of the aig bel bailout was unconstitutional, representing a company starter international, david boiesaking on the government, here and only here, by the way, before we get to david, the treasury department gave us this statement, two months ago, aig board reviewed the allegation against the company, and decides that they were not worth pursuing we continue to believe that claims have no merit, and we'll continue to defend the case vigorously. what do you make of just that? >> well, you would expect them to say that, they almost got to say that. neil: a big rescue we can't reverse. >> the key thing, is that statement ignores what the judge has held. remember they made a motion to dismiss, it was denied. second it ignores the admissions they made in the lawsuit. they admitted that they did not have the authority to take on the equity, they did not have the authority -- neil: aig, further did not have their shareholder's interest at heart. >> right, and when you have the kind of admissions that we have in terms of they knew they had a fully secured loan, they knew they were not at risk.

. >> david boies on the left, ted olson on the right. >> we are confident where the american people are going with this. allies in the fight for same sex marriage. >> no one argued a defense. >> not going to reargue the case on the sidewalk. >> it is just wrong, it is not consistent. >> this is about human rights, civil rights. >> opposition to this is aging out. >> this is not going backwards. >> i want all americans to be happy, i do. >> it is in the hands of the supreme court. >> it is in the hands of the court. >> demonstrations began early in the morning. >> proposition 8 is discriminatory law. >> there are no second class citizens. >> it hurts the children we're raising for no good reason. >> there are no second class marriages. >> we know how this is going to end. >> it is not just a legal brief, this is about people. >> this is going to end with our full acceptance. >> opposition to this is aging out. >> even the conservatives, even they know it. >>> after the supreme court hearing on california's ban on marriage equality, the first surprising news we heard came from the two law

ted olson and david boies there with the four plaintiffs, this is their day.ike from jeff toobin and joe johns that the justices were all over the place. so we'll have to wrat and sewai and equal rights for gay enabled us list the partisan veil and shine the spotlight on the human faces. human faces of suffering. >> conversations at microphones continue i have to squeeze if a break. continuing to cover this live. if you want to listen to those at the podium outside the supreme court you can do so. when we come back a critical decision overseas for our own. amanda knox. is she not guilty and that's not subject to being tried again or might she once again have to go overseas and be tried for murder? okay. so i'm the bad guy for being clean. you said it. ladies, let's not fight dirty. cascade kitchen counselor. see, over time, finish gel can leave hard-water film on your dishes and dishwasher. new cascade platinum's triple-action formula not only cleans your dishes, it helps keep your dishwasher sparkling. so we're good? don't do that. okay. [ female announcer ]

. >> reporter: arguing their case, ted olson who joined with david boys, one foes over the 2011 election in florida. >> this is not a democratic issue or republican issue or conservative or liberal. this is an issue of american constitutional rights. >> reporter: defenders of prop 8 say because only opposite sex couples can produce children, it makes sense to limit marriage to them. >> it is impossible to know with any certainty that changes that would be worked on sow side site by redefining -- society by redefining marriage. >> reporter: they were skeptical that pro creation is the reason to accept marry. >> we're not going to give marriage licenses any more to any couple where both people are over the age of 55. would that be constitutional? >> reporter: the court's conservatives were equally skeptical that gay couples have a right to marry. >> whether did it become unconstitutional to exclude homosexual couples from marriage? 1791? 1868 when the 14th amendment was adopted? >> reporter: though gay couples in california have all the rights of married couples, having them being able to

david boies on the show, saying why it made sense for him, and why aig to get onboard and join the suit, today we find out, yes or no, aig, in or out? we went to the very top, because the aig ceo robert benmosche is here. and only here. your finances can't manage themselves, but that doesn't mean they won't try. bring all your finances togeth th the help of the one person who can, a certified financial planner professional. cfp -- let's make a plan. got you ! you cannot escape the rebel forces ! ahhh. got you ! got ya ! gotcha ! got ya. that's all you got, brother ? take that. never having to surrender the things that matter. gotcha. that's powerful. verizon. 7 neil: aig ra'anan ad campaign, just before that, thanking u.s. government, but, there is another issue here. why is it after they turn down going following us in that, they sue the new york fed? they are now suing the new york fed. neil: all right, you remember him hank is ready to let her rip, a judge letting his lawsuit against the government continue. in effect, pitting the guy who ran aig against the tax payers who rescued th

david boies represented me wrote a letter for my resignation. now, i know that bill asked the auditors, for example, did this transaction affect shareholder's equities or earnings? he said, no, doesn't affect that. you approved it for five years in a row. well, we can't do that now. we're going to withdraw approval. it was clear they were getting pressure from the national officer, and the national officer pressure from spitzer. don't even ask -- well, just circle that and don't approve that had no effect on earnings so what's the different? he wouldn't do it. it was clear when it was over. i left the company. they then paid spitzer a billion 600 million dollar fine. okay? that led then to class action suits for several billion dollars more. you think about what this man did. he went on national television and accused me of criminal fraud without ever having indicted me or presenting any evidence that i did anything wrong. john whitehead wrote an op-ed in the "wall street journal" commenting how can an attorney general do this to one of america'

so that's the pressure point on behalf of david boies. does the latest development perhaps push the board more towards that? liz: it could. neil cavuto will be interviewing david boies tonight at 8:00. you don't want to miss that. ashley: anyone looking at it from a distance, will say wait a minute the government bailed you out and you are suing the government, how ungrateful can you be? but there's a lot more to it. liz: the government got 80% stake. but then you have to say to yourself listen this is what happens when you go in bed with the government. that's an old joke from washington, d.c. watch tracy byrnes start using that joke. she likes to use my jokes. it's an old joke. [laughter] tracy: oh, and you're looking at pictures right now of vatican city where the pope has not been selected. ashley: it is pouring rain. tracy: it is pouring rain. last night shepard smith was live and it was lightning. now let's go to stocks with nicole petallides on the floor of the new york stock exchange. nicole: on a record-setting day on wall street

patricia, though, in another interview david bois thinks the health care ruling, it's not going to votegical lines, he think it's going to go 6-3, 7-2. he does not think it's going to be a 5-4 decision. you know this court so well. do you think that he's out of line? or do you think he may be on to something? >> well, i think -- i don't think the court is going to look at this as a b achinary decisio. depending on whether they breakdown on these procedural jurisdictional cases, both equal protection arguments but states rights arguments about the state's role in defining marriage by congress through doma overrode so some of the justices might be more to the cross-currents in these cases. i think it's wrong for anyone to think that it's a binary up or down or we can predict how they are going to do it. they are going to have a lot of conversations among themselves. so far we've just seen the briefings and we won't see the arguments but half of the internal process, it could come. >> jonathan, you think you could have the justice's ruling in favor of one and not the other? >> absolutely.

david boies on the show, saying why it made sense for him, and why aig to get onboard and join the suit, today we find out, yes or no, g, in or out? we went the very top, because we went the very top, because the aig ceo robert benmosche is today is gonna be an important day for us. you ready? we wanna be our brother's keeper. what's number two we wanna do? bring it up to 90 decatherms. how bout ya, j? let's go ahead and brg it online. attention on site, attention on site. now starting unit nine. some of the world's cleanest gas turbines are now powering some of america's biggest cities. siemens. answers. i took my son fishing every year. we had a great spot not easy to find, but worth it. but with copd making it hard to breathe, i thought those days might be over. so my doctor prescribed symbicort. it helps significantly improve my lung function starting within five minutes. symbicort doesn't replace a rescue inhaler for sudden symptoms. with symbicort, today i'm breathing betr. and that means...fish on! symbicort is for copd including chronic bronchiti and emphysema. it should not be

one of the two lawyers arguing against california's prop 8, david boies has predicted victory. >> i thinkre going to win, but i don't think we're going to win 5-4. i think this is a basic civil rights issue and i don't think that this is the kind of issue that's going to divide the court the way some other issues divide the court. >> meanwhile, the man who exploited anti-gay referenda to juice republican turnout in the 2004 presidential election, a guy named karl rove says he could envision a different kind of republican candidate. >> karl rove, can you manage the next presidential campaign, a republican candidate saying flat-out, i am very gay marriage? >> i could. >> or perhaps not. a day later, karl rove tried to backtrack. in a statement, rove said, i was ask fundamental i could see a republican presidential candidate supporting gay marriage in 2016, and i said i could. i was not asked if i could see the republican presidential candidate or the gop presidential nominee." as for the latest "washington post" poll showing the country's support of marriage equality at an all-time high, th

. >>> two of the nation's most prominent attorneys, ted olson and david boies, argued different sidespreme court case that decided the 2000 election. but on the issues of same-sex marriage, they are of the same mind. they joined forces back in 2010 to fight prop 8, the california law banning same-sex marriage. cnn's gloria borger sat down with them for their only joint interview before olson argued against the case for the supreme court. >> this is a conservative court. i don't have to tell either of you that. so that what makes you believe that this court is going to rule in your favor? lots of people would say, the odds are against you. >> i think these are conservative values, as much as they are liberal values. the belief in the constitution, the belief in an independent judiciary. the recognition of equality. the desire to prevent the government from regulating people's most intimate relationships, i think as much a conservative value as it is a liberal value. >> when you first started this case, public opinion had shifted dramatically over the last four years. >> i don't know, i

by the way, david boies is going to be on neil cavuto to at 8:00 p.m. melissa: i'm melissa francis and here what's "money" tonight. paul ryan rolls out a new plan to balance the budget but he is making big spending changes to get there. how much is for real and how much is for show? we'll get reaction from a congressman on the house budget committee. >>> security scandal in the u.s.. sec charges illinois with fraud. they have huge pensions problems while trying to borrow money. more states and cities could be doing the same thing. we have a top expert to peel back the curtain. >>> optimism climbs for the 30 strayed month. more hiring and investment is planned. is it the silver lining we've all been waiting for? get the store from two business owners. you're not going to want to miss what they have to say. even when they say it is not, it is always about money. melissa: first let's look at today's market moment. it was a photo finish for the dow after spending much of the day in the red. it squeaked out a gain in the last minutes of trading. it set a rec

david: boy, do you see this spreading, erin? we've got to go.you see i had spreading beyond spain and italy and possibly even over here? >> i think that is not likely. it might even take a while to spread to spain and italy. that may only happen if we start it see worsening trends in credit walt. david: erin davis from "morningstar". good to have you on. thanks so much for explaining it. appreciate it. >> thank you. david: thank you very much. sandy, over to you. >> david, people might have a little less to spend this spring but that doesn't mean they won't be buying new clothes. you never sacrifice fashion. up next we've got a top analyst ready to share her fashion stock picks for your portfolio. >>> samsung's newest phone putting a lot of pressure on apple. find out how the tech giant is responding to the competition. log on to facebook.co facebook.com/afterthebell, click on the "like" button. tell us what you think is the best smartphone on the market right now. ♪ . today is gonna be an important day for us. you ready? we wanna be our brother

one of the key lawyers in the fight, david boies, joins our discussion. plus, the president in the middle east. >> you are not alone. >> how did he do? analysis about his new push for peace and new warnings for syria and iran. >>> and good sunday morning. new hope for a peace push in the middle east. the president arrived back in wa washington after a mideast trip that took him to israel for his first time as president as well as visits to the palestinian territories and jordan while a reinvigorated peace process is one goal, more pressing concerns for the obama white house are the threats from iran and the effect of the relentless bloodshed in syria. we want to begin with some analysis about the president's trip this morning with our chief foreign correspondent richard engel back from the region. he is in new york this morning. i have david brooks of "the new york times" and e.j. dionne with me in washington. richard, let me start with you. the president called on israel to renew efforts to the creation of a palestinian

the united states supreme court are kettleson who was president bush's se solis tore general ad david boy who represented president gore in the recount. this is a conservative legal argument that they will be advancing. they will basically lay out the conservative case that there is not any place in the constitution that allows for a different set of rules for a different class of people. there is also a moral imperative here. if you believe if you value and treasure and reveer the institution of marriage, then you should want every family unit to be really wrapped in marriage. and if you believe that children are are best raised in families where both of their parents are married there is certainly no other answer than to overturn something like prop 8 which would deny an entire class of people access to the reveered institution. >> chris: gary, conservatives like nicolle and ted olson a conservative lawyer in his brief on her side to overturn prop 8 say that same-sex marriage advances limited government, individual freedom, values. >> yes, chris. well, look, you don't advance limited go

the precip tore of the original challenge to prop 8 in california, you were the person who hired david boysn your previous ole before you came to washington and now we're two weeks away from this argument. we're on the edge of history here either way. >> without question. we truly are now at a turning point in this movement. we have never had such an historic case, we have two cases, prop 8, the case about a state passing a law that prevents gay and lesbian people from having the freedom to marry. while at the same time d.o.m.a., the federal ban on recognition of states that have marriage equality and it's really incredible. as you saw with senator portman today. what senator portman and his wife have gone through is the same kind of evolution that every american goes through on this issue. >> that your family went through. >> indeed, it's exactly. that's what i was thinking about my own family. when i heard that incredible news this morning. and you know, senator portman is now joins a long list of americans, democrats, republican, independent alike who are supporting the right to marry th

was president bush's solicitor germaneral, onf the most respected legal minds on the right and david boieson t-- represented the president and al gore in the recount. and there is not a place in the constitution that allows for a different associate rules for a different class of people and there is a moral imperative here. if you believe and value and treasure and revere the institution of marriage, then you should want every family unit to be really wrapped in marriage, and, if you believe that children are best raised in families where both of their parents are married, there is certainly no other answer than to overturn something like prop 8 which would deny an entire class of people access to this revered institution. >> chris: gary, conservatives like nicole and ted olson, very conservative lawyer in his brief, on her side, to overturn prop 8. say that same sex marriage advances limited government, individual freedom, and family values. >> yes, chris, well, look, you don't advance limited government by being an anti-democratic movement that is attempting to take this issue away from

and he has partnered with david boies who is, i'm sure, famous for many reasons, one of which defendingthe 2000 recount. so there is this legal dream team that came together. and ted olsen has been an incredibly persuasive and effective voice on the right, making this legal argument and laying out a conservative legal framework for why marriage equality should be the law of the land. >> did sarah palin sign? >> probably not. >> is she on this list? do you want to double check on that? >> i'll double check on that. >> what about herman cain? >> i don't think he's there yet either. don't cross her when she's on 'roids. >> singing the sequester soap opera, joe's piece in "the new york times," if i can get to it. >> okay. >> it would be nice. "does president obama really expect americans to believe -- after four years, the banking and auto bailouts, several stimulus bills and a run of record deficits -- that our $16 trillion economy cannot absorb $42 billion of spending reductions? even if the white house believes that such posturing is good politics, it's a strategy that adds up to a fisca

a year after that, ted olson and david boys decided to challenge it and argued that it was unconstitutional under the federal constitution. they made the big argument that there is a fundamental right to marry in the united states and that it is an equal right, you cannot tonight to lesbians and gays. they will in a court in san francisco, the ninth circuit, and now the defenders of proposition 8 have appealed to the supreme court. that is a case they are going to hear today. host: the ninth circuit court case, we covered it on c-span. viewers can go to our web site to hear the foundation for that. who is arguing aside -- besides ted olson? who is also behind, against proposition 8? guest: there'll be three attorneys today. two reagan attorneys on opposite sides. chuck cooper came to the reagan administration in the 1980's. a conservative guy, he is representing the sponsors of proposition 8. he's got 30 minutes to argue that this is a matter of great national debate and it should be decided by the voters in every state. he is basically going to tell the supreme court, you should stand back

perry which is the case that david boies and i brought -- and you're right, it was almost four years ago. it was may of 2009 -- um, the attorney general, um, the then-attorney general and the governor of california agreed with us that the challenge to proposition 8, which was a constitutional amendment which added to the california constitution a provision that said only marriage between a map and a woman -- a man and a woman will be valid or recognized in california. that was to overturn a california supreme court decision that had stricken down something called proposition 22 before that which was a statute that basically said the same thing. the california supreme court struck down proposition 22, and the family code provision that went with it, on the grounds that under california constitution under the due process clause and equal protection clause of the california constitution, that was an unconstitutional invasion of those rights of california citizens. that was in may of 2008, and then proposition 8 was already in the works and was put on the ballot and enacted by the citize

take a look to what david boies said. >> what the government did in the takeover of a.i. private assets and use it for public purposes without compensating the owners. >> basically what he's saying is the government got an 80% -- nearly 80% stake in a.i.g. and then after that, not only did it get charged loan terms that all is ungrateful on the part of a.i.g. but he's saying that after that what happened was essentially they used a.i.g. assets to settle 100% on the dollar trades with goldman sachs, french banks, in other words, herding a.i.g. investors and the company in the process and what's really interesting here is pressuring the board to join now is essentially saying to the board, if we win this $25 billion lawsuit, then you, board, will have left the money on the table if you do not join the suit and it's going to hurt the company even further. so this is a really interesting case. it's turning into a big slug fest in court right now. dennis: all right. deliberations continue from the meltdown years later. thank you very much. cheryl: well, just about two weeks to

standing nextn, to david boies, who were on opposite side when it came to bush v. gore. they're now on agreement. your calls and comments. fromve a chance to hear both sides of the aisle in their entirety in a few minutes. we will listen to ran the next from virginia. your view on the issue? caller: hi. i can oppose it on so many different fronts straight to use this equal protection rights or whenever, and i go against it because of natural law. a man and woman have natural rights, they produce children. two man cannot produce a child. two women cannot produce children. they are not equal. they are two different types of people. and itposed to it 100%, is a more financial deal dealing with social security and federal taxes. it is more of a financial deal than more of a commitment that we love one another. it is more financial. thank you. tweet --re is this next is a curmudgeon, california. your state front and center. iller: i was calling to say pose the same section ban -- ban.g-sex than -- same-sex i would like to see my other couples in the state be able to get marri

former bush solicitor general ted olsen a conservative is teaming up with high-profile liberal lawyer david boyalyst gloria borger has been talking to both of these men. gloria, i find this fascinating, this relationship and how it's evolved over time. >> it is. >> how did it come together? >> the way the whole case has evolved is sort of a script that could have been written in hollywood. >> right. >> because in many ways it actually was written in hollywood. it was november 2008. barack obama had just won the white house. >> there's nothing civil about a man marrying another man! >> but proposition 8 passed, taking away the right for gays and lesbians to marry in california. >> california has made it very clear. >> we're sitting there, you know, kind of licking the wounds and saying, what do we do now 0? and serendipitously, a friend of my wife's came by the table and she says, i think you'd be very interested to find out that you might find an ally in ted olsen on your issue. >> that's the ted olsen, the conservative legal icon. >> that stunned you, right? >> yes. it more than stunned me. it

. >> bill: ted olson and david david boies are representing the pro marriage arguments. >> correct. >so are they asking the court to recognize the legality and the -- that this is the way the entire country should go? are they asking the court to make this apply to all 50 states or just california or do we know? >> we know. and the broadest arguments that they have is asking for the courts to say that same-sex couples nationwide can't be excluded from this fundamental freedom to marry. that simply because a couple is gay is not enough of a reason to exclude them. in fact, that's no good reason at all to exclude same-sex couples from freedom to marry. what we've seen in polling is that 64% of americans according to "washington post" poll wants this to be handled constitutionally. they realize that this patchwork , you're married in new york. you're not married in pennsylvania and then you're not married until you get to iowa, it just doesn't make sense. >> bill: so what do you say to those -- i've read several -- totally agree with you on the issue. i think it should be all 50 states a

then when i teamed up with ted olson and david boies.ard a lot of analysis. what is your feeling thus far with what you've heard? what's going on? >> there are a lot of questions that were asked yesterday. while i knew the standing issue the procedural issues were going to be raised, we addressed them in our brief. i was a little bit surprised degreed to which the justices spent a lot of time on the standing issue. but in some ways, i shouldn't have been surprised considering thatter the standing issue is a big thing for the federal courts totally apart and aside from this case in terms of setting precedent. on the merit, i will say that i thought ted olson made a passionate plea. and was eloquent in his argument as to why we should not discriminate against our gay brothers and sisters. equally, i was -- with respect to chuck cooper and our opponents, i was not surprised at all that they had absolutely no answer whatsoever for justice kagan's and sotomayor's questioning with respect to what was the motivation for putting proposition 8 on

andar after that, ted olson david boys decided to challenge it and argued that it was unconstitutionaler the federal constitution. they made the big argument that there is a fundamental right to marry in the united states and that it is an equal right, you cannot tonight to lesbians and gays. they will in a court in san francisco, the ninth circuit, and now the defenders of proposition 8 have appealed to the supreme court. that is a case they are going to hear today. host: the ninth circuit court case, we covered it on c-span. viewers can go to our web site to hear the foundation for that. aside -- besides ted olson? who is also behind, against proposition 8? guest: there'll be three attorneys today. two reagan attorneys on opposite sides. chuck cooper came to the reagan administration in the 1980's. , he isrvative guy representing the sponsors of proposition 8. he's got 30 minutes to argue that this is a matter of great national debate and it should be decided by the voters in every state. he is basically going to tell the supreme court, you should stand back and not decide this as a

boys. i mean, david, how does the defense establish she was in any condition to consent if that happens priorl was vomiting on herself at or around the time of the alleged rape. >> sad case all the way around. they're going to have to establish that the defendants themselves had a reasonable belief based on the totality of the circumstances, what she said before the events, what she said during them, what she said of after the events, that she consented to the sex acts that took place, it will be an uphill battle no question about that, but remember, megyn, there was forensic medical examination done of this child, of this girl, that would involve nothing that ordinarily indicated a traumatic forceable rape. >> megyn: they're not talking about traditional rape, they're talking about manual rape, leave it at that. >> and that's the problem they have. no doubt about it. there's no bruising, no physical traumatic whatsoever. it's going to boil down to the credibility of each individual witness. it's a he said-she said classic as far as what-- >> is it, mark, let me get mark back in. a he said-sh

. >> baby zamir is reunited with his mother zakira david after he was checked in the hospital claiming that the boy had fallen down some stairs. david sees the video on the news but still doesn't realize it's her son. as she told ann curry with nbc news. >> i was like i knew that ain't my child. i just kept saying i know that ain't my child. i was like oh, my god. i didn't know until the next morning until the police came knocking on my door. >> when they confirmed it was your son. >> it was my child. >> the guy who saved him, the young immigrant. have you met him? >> no. i never got to meet him. >> you're smiling, though. what would you like to say to him? >> i would like to tell him thank you. >> no charges are filed against the babysitter or boyfriend after police find there was no intent to cause harm. she is taking steps to make sure nothing as frightening as this ever happens again in her laundromat, including pointing out what may seem obvious to most. >> i'm going to put up a real professional sign. when i first call the sign company and told them i want to put up this sign, they was laughi

david sanger and cbs news political director, john dickerson. boy, you don't have much of a title compared to these other people. ( laughter ). >> i'm hoping to get something out of rome in the next couple of weeks. ( laughter ) >> schieffer: does anybody here think that the catholic church could do better-- i'm not saying for pope-- but if they were looking for somebody to make their case, could they find a better spokesman than cardinal timothy dolan? >> no, they could not. i wonder if he has the chance. i don't think they're going to pick an american pope. that's almost a certainty. but there's a kind of reasonableness and hey we're listening. we're talking. maybe he should come do some meadeation between the white house-- >> we hear political parties when they are in a fix and there's always a debate. is it the underlying message or the messenger that's the problem. and here you heard the cardinal basically saying it was just the-- the packaging not the underlying message that's a challenge for churches and political parties. >> but he also went

boy, target rich environment. hugo chavez, his death. >> david, as you know the death of the dictator provoked a the lot of expected and moronic comments from people like oliver stone and sean penn, but we also have comments talking about how sad we were to see hugo chavez leave us from the british foreign secretary. and if you can believe it, the president of colombia, juan manuel santos said he was saddened by the death of chavez. >> david: he sergeanted colombia. >> and mike rogers says that hugo chavez was a stabilizing force in latin america and progress in the region. >> a good hit to mr. roger. >> and the nanny state marches on. >> a miss to our mayor here in new york, michael bloomberg whose large soda ban goes into effect next week. for all of us, even if you're not a big gulp drinker, it's a slippery slope before he goes after large alcoholic beverages and could it be the 24-ounce beer can or the 40-ounce bottle. >> david: the 24-ounce beer can which you commuters love, there would be a riot in the commuting trains. and dan, you have proof, by the way, that there is global warming, or more precisely there

. >>> david ranta's road to prison started with that 13-year-old boy, menachem lieberman who said he was coached in a lineup to i.d. david ranta. ranta's road to freedom also began with that same young man, mr. lieberman, his word, only this time freely given and truthfully spoken. 23 years without freedom for one man. for the other, 23 years carrying a very heavy weight on his conscience. joining me tonight in a "360" exclusive, menachem lieberman. what happened during the lineup? what did the detective say to you? >> as i was walking in the room to the lineup, he told me that i should pick out the guy with the biggest nose. >> when he said that to you, what did you think? >> i was too young back then to realize that this was a setup. i mean, to me this was basically -- it was just part of the process. >> when did you realize that david ranta probably wasn't guilty and the investigation, particularly your picking him out of the lineup, was mishandled? >> i think as the years went by, i remembered what happened, that somebody told me, but as more and more i found the news of innocent