federal court of appeals in texas. unrelated matter to the healthcare law, or at least to the litigation of the supreme court. >> yeah. it involves a group of physician own hospital challenging portion of the affordable care act. unrelated to the supreme court case pending but it would ask judges to rule on the lu. they want to be clear that the d.o.j. is on the same page and they can do it. >> greta: you got me the tape so i listened to it. the woman lawyer from the department of justice was asked a question about whether or not the supreme court essentially can review the constitutionality of a statute. she is quick to say marbury versus madison. you learned it, i learned it in law school the first week. she was ready for that herself. it's pretty basic. she answered the question but in spite of answered the question fired off this letter to her boss. it's at the justice department. directed to her but goes to justice department. >> that is formally the court considers this in order and it's reminding them of the dea

federal court of appeals in texas. unrelated matter to the healthcare law, or at least to the litigation of the supreme court. >> yeah. it involves a group of physician own hospital challenging portion of the affordable care act. unrelated to the supreme court case pending but it would ask judges to rule on the lu. they want to be clear that the d.o.j. is on the same page and they can do it. >> greta: you got me the tape so i listened to it. the woman lawyer from the department of justice was asked a question about whether or not the supreme court essentially can review the constitutionality of a statute. she is quick to say marbury versus madison. you learned it, i learned it in law school the first week. she was ready for that herself. it's pretty basic. she answered the question but in spite of answered the question fired off this letter to her boss. it's at the justice department. directed to her but goes to justice department. >> that is formally the court considers this in order and it's reminding them of the dea

that has troubled a number of people who have read it as somehow a challenge to the federal courts or to their authority or to the appropriateness of the concept of judicial review, and that's not a small matter. >> reporter: no it's not. the appellate court was referring of course to the president's statement on monday in which he seemed to argue that the supreme court had no right or authority to strike down an act of congress. >> ultimately, i'm confident that the supreme court will not take what would be an unprecedented, extraordinary step of overturning a law that was passed by a strong majority of a democratically elected congress. >> reporter: of course reviewing the constitutionality of laws passed by congress is one of the primary duties of the high court, the very existence of its power indeed. the court has overturned congress and the president more than 160 times since the seminole case of march bury versus madison, 1803. well, the white house is now saying, well, when the president said unprecedented he was referring to cases only involving a commerce clause but megyn, t

federal court of appeals in texas. unrelated matter to the healthcare law, or at least to the litigation of the supreme court. >> yeah. it involves a group of physician own hospital challenging portion of the affordable care act. unrelated to the supreme court case pending but it would ask judges to rule on the lu. they want to be clear that the d.o.j. is on the same page and they can do it. >> greta: you got me the tape so i listened to it. the woman lawyer from the department of justice was asked a question about whether or not the supreme court essentially can review the constitutionality of a statute. she is quick to say marbury versus madison. you learned it, i learned it in law school the first week. she was ready for that herself. it's pretty basic. she answered the question but in spite of answered the question fired off this letter to her boss. it's at the justice department. directed to her but goes to justice department. >> that is formally the court considers this in order and it's reminding them of the dea

and we have no idea where we're running this year. >> actually, i think ours have been in the federal courts and state court. this is in the state supreme court back to the federal court. and i'm not sure that most judges undertake their judicial responsibilities thinking they are going to draw congressional lines at the same time. >> let the record reflect that arkansas is done. >> missouri was third done and then we had a lawsuit filed very late. >> we measured twice and cut once in arkansas. >> amazing. thank you, madame chair. i would i would like to join you in welcoming the commissioners. like many agencies the fcc plays a vital role in our everyday lives even though much of its important work takes place behind the scenes. the role of the fcc grows in scope as technology becomes more affordable and as more people have access to the internets through a variety of devices. i will be interested in hearing whether with these rapid innovations you have the resources to ensure that consumers are protected in the marketplace. as improvements in technology give more people access, that means

now as a federal court gets ready to review a challenge to the conviction... witnesses there was a second gunman. 78 year-old says she heard two guns firing... and says her testimony was altered in a cover-up. he testified at his trial in 1969 that he killed kennedy. he later recanted his confession and now wants the new witness testimony to be heard. >> missiles could be placed in a crowded london neighborhood during the summer olympic games. the british ministry of defense and distributed leaflets to the densely populated neighborhood in east london. they notify residents of the possibility

>> well, the main thing of course is the anti-gun judges that he has appointed to the federal courts. but if you look at the record when he was a senator from illinois he was hostile to the gun rights and not exactly supportive of the gun rights and supporting antique firearms in the united states, and the calls of the administration putting out test balloons to reinstitute the so-called clinton administrations ban on semiautomatic firearms. as a result, we know where his head is, we know where his heart is. he has not met with any pro gun owners at all, and we know when the time is right, he will push for his agenda, but right now, with the house of representatives, it is going to make it difficult for him to get any legislation passed. >> and i think that you remember that talk show hosts propelled the ammunition, and he is going to come for the bullets and your guns, and the fact is that the obama administration has not moved on the gun issue. do you disagree? >> no, i don't. but let me say one thing, quickly, michael. those of us who believe in the second amendment and believe in

government lawyers have until noon today to submit a paper summing the administration's view on federal courts that fed rattle judges have the power to struck down a law that they believe is unconstitutional. president obama challenged the authority of the supreme court justices who are reviewing his health care plan. the white house said that those comments were misunderstood. a ruling is expected this summer. >>> this is cnn breaking news. >>> we're following breaking news out of great britain. sky news said that it did authorize reporters to hack into people's personal e-mail accounts. . latest bombshell that forced rupert murdoch and his son to testify before parliament. zain verjee is in london. >> it is illegal. basically, the guardian newspaper just a short while ago broke this story and sky news, the main tv channel here, basically was forced to make a statement. what they're saying is this, they authorized its journalists to hack into e-mails of the public. they said this, carol, we stand by these actions by editorially justified. one of those two occasions from what we understand, th

district court or the federal appellate court for the district of l courts to the supreme court. so it's a broad comprehensive body of protection and i've nearly just summarized them, and with again the reforms in the 2009 act prominently including the provision on the introduction of treatments, and a modification of here say. there's a slightly broader aperture for the introduction of hearsay evidence than any federal civilian court because a judge is put on notice by the statute to take into consideration operational intelligence factors that involved the collection of evidence on the battlefield or may not have the ability to bring all the evidence into court because the place where the crime occurred or where the individual was captured or arrested is beyond the jurisdiction of the court and a far away place. there are hearsay exceptions in the civilian criminal court that allow for the introduction of here say. this is an out-of-court statement offered. so you don't bring the witness into court and you offer a document or somebody telling you w

court. a federal appeals court wants answers in writing from the obama administration on whether the federal courts have the right to strike down laws they deem unconstitutional. this is after the president suggested an unelected group of judges, the supreme court, should respect the decision of a democratically elected congress. now a panel of republican appointed judges from the fifth circuit want attorney general eric holder to clarify those remarks by tomorrow. that demand came yesterday during arguments yet over another case challenging the health care law. take a listen to what happened in the courtroom. >> i would like to have from you by noon on thursday that is about 48 hours from now, a letter stating what is the position of the attorney general in the department of justice in regard to the recent statements by the president stating specifically and in detail in reference to those statements what the authority is of the federal courts in this regard in terms of judicial review. jenna: homework assignment if you will. the justice department's response to fox so far is no comment. no

challenge the determination and the fight but we have seen with lawsuits they are being filed in federal court, so we have seen one determination from the fourth circuit's where a judge made a determination of the inspection is not relevant at the federal level, so if the individuals are filing in federal court, is the federal government is not going to recognize the state certified specialist determinations are readily achievable, it is a minor step to improvement, and is sold of loopholes -- is a loophole for these individuals. for as we are grateful for your drafting these for approval, so a motion to that affect. >> any other commissioner comments? do we have public comment? seeing none, do we have a motion to support the lighter democrats are moved to that we support the letter and give approval to proceed. >> do we have a second in? >> second. >> thought will be out of reach approve obama -- for the outrage of approval -- outreach approval? [calling votes] >> 5 motion passes, 6-0. >> item #9, recommendation to the board of supervisors, waiver of temporary street occupancies thfee for sma

court's power. this obviously enraged federal appeals court. they followed back and issued an order to the justice department to give a written explanation of president's comments by noon tomorrow. and today attorney general holder jumped into the fuss. >> i plan on submitting a response to the fifth district court and judge smith on the review tomorrow? >> we are in the process of formulating that response now and we will be sending something to judge smith and i guess the other members of the panel. >> along what lines do you know how you will respond? >> appropriately. >> what would be appropriate? >> well, i think that what the president said a couple days ago was appropriate. he indicated that we obviously respect decisions that courts make under our system of government, and since marbury versus madison, 1803, courts have the final say on the constitutionality of stat statutes. but courts are also fairly differential when it comes to overturning statutes that congress has passed. it's been examined by a number of courts and held constitut

a federal court case was filed challenging the segregated buses. plaintiffs -- on may 11, that hearing began in 1956. the attorney, her lawyer when she was 15, and who did not win that case, but said her case [inaudible] realized that they could potentially win. claudette colvin was the star witness in the federal court case. that case had went to the supreme -- that case went to the supreme court. [inaudible] the rest is history. [applause] >> ok, i would like to bring to the stage our honored guest. i'm going to introduce him, and if you and mrs. colvin could make your way. described as an artist who speaks the truth we desperately need to hear, is a harvard law graduate, prison activist, hip- hop artist, grand slam poetry champion, actor, author, and educator. his new book, "the ugly side of beautiful: rethinking race in prisons in america" will be published later this year. the start of the off-broadway hip-hop theater production, he has lectured and performed at over 100 colleges and correctional facilities in the united states, africa, asia,

. >>> a federal court battle between oracle and google is underway. the issues are copyrights and patents. oracle sued google claiming google's dry dry infringes on oracle's java patents. oracle is reportedly asking for about $1 billion in damages. jury selection begins this morning in federal court in san francisco. opening staipts may also begin this afternoon. the trial should last ten weeks. >>> the san jose sharks are back in the bay area hoping to take the lead in their first round playoff series against the st. louis blues which is tied one game apiece. game three is 7:00 tonight at hp pavilion. sharks won game one. blues tied the series saturday. game four is thursday in san jose. the series moves back to st. louis for game five saturday. >>> san jose state's athletic director is leaving. he is taking the same job at memphis. he has been the director there for 7 1/2 years. >>> a mixed day on wall street. why apple stock is dragging down the tech sector. we'll tell put american people feel like spending money these days. ñ?óyp8 >>> the dow is u

it said to the federal court system. you should make the review, but then he says, you should make reviews only in appropriate cases. then he says in this letter, congress has the presumptively constitutional -- presumptively, congress laws are presumptively constitutional. the courts should respect congress's legal judgment and the courts should therefore exercise restraint in making these decisions. in other words, he's saying, yeah, okay, you can review it, but congress is usually right and we don't want you to overturn this. that's the way i read this and i thought it was quite extraordinary and i'm surprised as of this discussion we're having tonight more people haven't really gotten into this. this is a non-denial denial. this doesn't -- this is not an apolo apology, this is an attack on the supremes. >> that's right. and it's actually sort of a cleaned up reiteration of it. what you cite, you've got the president and now his attorney general saying you all should exercise and restrain and don't overturn our law. t

courts have the power to decide constitutionality of federal laws. but holder suggested the court should take a backseat, arguing acts of congress are presumptively constitutional. and if there was a deference due congress when the courts are involved. the president, a former constitutional law proef, this week has tried to clarify his initial, remarks, saying he meant it would be unprecedented in a modern era to pass economic legislation. but he continued to insist the health care law is constitutional as the justices weigh whether to strike down his signature achievement with a decision that would come in the middle of his re-election campaign. senate republican leader mitch mcconnell said the president already had gone too far and was undermining the court. >> so, i would respectfully suggest the president needs to back off. back off. >> reporter: but as the controversy this week shows, a fight with the court is risky. the public historically has viewed the court favorably. now, richard nixon campaigned against the court in 1968, but the last time

>> no, federal courts. all the people in got go to... ay go to the supreme court potentially and this is one of the great advances. one of bush's problems was that he resisted judicial review and that was one of the many reasons why people didn't trust what he was doing. >> jon: are you worried about general civil liberties and the sort of window that has been pushed about data mining, the government's ability to just collect data from its citizens, this supreme court case about strip certains for even minor infractions, things that we are just tending to accept and the slippery slope we go down when we do that? >> of course i worry about it. i worry about the size of the government, the size of the national security bureaucracy, the size of the executive branch and the amazing scary powers it has and nothing in my book suggests we shouldn't be vigilant in questioning and criticizing but i think there are all sorts of constraints and check herbs and watchers looking at the president to make sure what he's doing is lawful and useful. >> jo

now victor boot was sentenced to twenty five years in prison today by a federal district court in manhattan federal prosecutors were asking for a life sentence all the defense has been trying to get the judge to throw out his conviction calling him a political prisoner who stepped into a vindictive u.s. government sting operation of who was convicted of conspiring to sell millions of dollars of weapons including surface to air missiles conspiring to kill u.s. nationals conspiring to kill u.s. officers and employees and conspiring to provide material support to fart revolutionary armed forces of colombia which are on the u.s. list of terrorist organizations who was arrested in thailand in a sting operation where informants posed as representatives of far but even though he was found not guilty twice by thai courts the u.s. was able to get him extradited to new york and it's a case that there is not only political and legal questions of jurisdiction but also begs the question as to how selective the government is when it comes to arms trafficking especially considering if the u.s. government

truly believes the supreme court has the authority to overturn federal law. a threat from the president to the court about the health care law not being struck down. he said it on monday. here to discuss this and its implications are our guests. miles miller is here, white house and congressional correspondent and for the daily owned by the parent company at this network and mike slater is here, host of his own radio talk show. joe, how big a deal is this that this district court judge is demanding the president put something in writing like this? >> look, i think it's all gamesmanship over the court, over politics. >> it's branch against branch! >> yes, it is. the supreme court -- that's what it decides is whether laws are constitutional or not. but i think the president setting up, if the court does -- supreme court does throw health care out, setting up that's part of the decision people get to make when they vote in november, his judges versus romney's judges, which i think would be a titanic. >> brian: miles, joe seems to be thinking the president wants

defense and you have to thoroughly studying the case to me the best venue for prosecution was in federal court. alabama holder fully believed one hundred percent that the men should be tried in civilian court and even mayor michael bloomberg expressed his support for that move not only to bloomberg say that a city's police force could handle the security but also said the following that it is fitting that nine eleven suspects face justice near the world trade center site where so many new yorkers are murdered but then the media stopped in. the obama administration says it's only fitting that the man who claims he had masterminded the september eleventh attacks face justice in new york city fleet shaikh muhammad and his coconspirators in the attack will enjoy the protections of the american criminal justice system controversy and decision to bring five nine eleven suspects to american soil to face trial for. drug running of service without a civilian trial this is the most reckless interest in the irresponsible decision that he has me walk right through track innocence and giving them a platfor

. >> well, those comments didn't exactly sit well with the federal appeals court judge who ordered the obama justice department to explain just what the administration thinks the federal courts can and cannot do when it comes to health care reform and ruling on it. this judge is clearly angry. listen to this. >> i would like to have from you by noon on thursday, that's about 48 hours from now, a letter stating what is the position of the attorney general and the department of justice. in regard to the recent statements by the president, stating specifically and in detail in reference to those statements what the authority is of the federal courts in this regard in terms of judicial review. >> at the white house today, the president's top spokesman was not surprisingly bombarded with questions and spent at least half an hour playing defense. cnn's chief white house correspondent, jessica yellin was there. jess, it was really a heated briefing at the white house today. jay carney, the president's spokesman did not admit at all that the president had overstepped, right? >> that's right. h

while bullfights oracle in court the federal government is investigating two of its privacy practicesercury news reports the federal trade commission is looking into googol to move to bypass the default privacy settings of apple's safar browser for google users this comes after another federal privacy probe led to google being fined $25,000. 635 if he gets some gear and went to be beautiful this weekend and in the latter part of this week. >>> apparently frankish short pants. time this is as close get that you're getting into some real spring weather around the bay area and then low clouds and fog around the bay area this morning was the loudest cries even some as a lot for the coastline that what extent the adam they're now temperatures are running in the '40's and 50's outside at this hour but by the afternoon we should sneak in more sunshine a few high clouds drifting ahead and temperatures running about the average over had the next few days will warm things up nearly six seasons '70s we're right there just about as good a season beautiful weather for the afternoon calling out alo

if you look at the appointmens s of barack obama appointed to the federal courts you cannot find one person who supports gun rights, and that is the problem. >> i support ed rendell and alan gottlieb for being here. >> thank you. >>> and also a slight by hilary rosen against stay-at-home moms, even still mitt romney has a real gender problem. we will get to that next. this is "hardball." hmmm. for half the calories plus veggie nutrition. could've had a v8. [ female announcer ] weak, damaged hair needs new aveeno nourish+ strengthen. active naturals wheat formulas restore strength for up to 90% less breakage in three washes. for strong, healthy hair with life, new aveeno nourish+ strengthen. >>> welcome back the "hardball." a cnn contributor with no role in president obama's campaign became a major talking point for the romney team and conservatives in general this week. hilary rosen kicked up a storm this week about her comments about ann romney and by thursday everybody from the president to the first lady to the vice president had responded and distanced themselves from her comment

now as a federal court gets ready to review a challenge to the conviction... witnesses there was a second gunman. 78 year-old says she heard two guns firing... and says her testimony was altered in a cover-up. he testified at his trial in 1969 that he killed kennedy. he later recanted his confession and now wants the new witness testimony to be heard. >> missiles could be placed in a crowded london neighborhood during the summer olympic games. the british ministry of defense and distributed leaflets to the densely populated neighborhood in east london. they notify residents of the possibility that surface to air missiles could be placed on a water tower there. a ministry official says it is part of an air security plan for the olympics. the plan also includes fast jets and helicopters to protect a london airspace during the games. >> it is a low-key first wedding anniversary for the duke and duchess of cambridge. prince william indicate middleton were married one year ago in a lavish or royal wedding at westminster abbey in london. they're keeping today's cele

and whether they can go to federal court to challenge their detention. d after he took a big hit at the supreme court. >> it's the supreme court's decision, we'll abide by the court's decision. that doesn't mean i have to agree with it. this is a deeply divided court. and i strongly agree with those who dissented. and the dissent was based upon their serious concerns about u.s. national security. megyn: he went on from there. that was his instinct. >> respect for the separation -- and not to rub anyone's nose tonight. it was just always good, moving on, this is the policy, let's do it. megyn: does president obama set himself up for a difficult position if he does win? >> i think he makes it bad for the people who presumably agree with him. the democratic appointees on the court. megyn: is there any question in your mind the president misstated the law on monday? >> there is no question he misstated the law in suggesting it would be unprecedented for the supreme court to strike down an act of congress. going back to marbury versus madison that's what the s

the college disagreed and sued in federal court. lower court refused to throw out the permit. >>> a fire in antioch is under investigation. it started last night around 9:00 in an apartment building in the 2300 block of sycamore drive. firefighters rescued one person. two people were taken to the hospital. no one was seriously hurt. six of the apartments were damaged by fire. two were damaged by smoke. the cause is being investigated. >>> oscar grant's family has reached a deal with a a hollywood film company to make a movie about the controversial police shooting. octavia spencer won an academy award for best supporting actress in "the help" last year. she's in talks to star as the mother in the film. the move eel cover grant's final hours before a bart police officer shot and killed him at the fruitvale station in 2009. filming begins in july. >>> vallejo residents are hoping the city's mare island will become the home of george lucas' new studio production project. they say there is a lot of room for development and many historic

but first, we are following another breaking story tonight in an unprecedented move, a federal appeals court challenging president obama's comments about whether or not his administration believes unelected judges can strike down federal laws. in particular, his beloved healthcare law. now the fifth circuit court of appeals is giving attorney general eric holder a homework assignment due thursday. listen to judge jerry smith asking if the d.o.j. recognizes the federal court's role. >> i am referring to statements by the president in the last few days, i'm sure you heard about them, that it's somehow inappropriate that whether unelected judges to strike acts of congress that enjoy, referring, of course, to obamacare. to what he turned broad consensus and majority in both houses of congress. that has troubled a number of people who read it as somehow a challenge to the federal courts or to their authority or the appropriateness of the concepts of conditional review. that is not a small matter. i would like to have you by noon on thursday, 48 hours from now, a letter stating what is the positio

court. responding to a federally's challenge, the administration conceded that the high court does not -- or, in fact, does have the power to overturn the new health care law but the president still insists the law is constitutional. jan crawford has more. >> reporter: the controversy started on monday when the president said it would be unprecedented for the supreme court to strike down the health care law. the next day in a houston courtroom, federal appeals court judge jerry smith told a lawyer for the justice department -- >> that has troubled a number of people who have read it as somehow a challenge to the federal courts or to their authority or to the appropriateness the concept of judicial review. and that's not a small matter. >> reporter: the appeals court demanded to know if the president was questioning the justice's power to decide the case. the administration delivered a terse response. in a 2 1/2 page letter attorney general eric holder told the appeals court there is no dispute. courts have the power to decide constitutionality of federal laws. but holer says the judge should