mark geragos is a noted defense attorney. i spoke to both men earlier. the maid followed protocol. when she went into the room, she left the door open, her cart in the door. there had been a room service attendant who witnessed her coming in. then apparently strauss-khan made a pass at a receptionist when he checked in, invited her up to the room. do any of these developments, certainly they don't speak well for strauss-khan or they're not in his favor. >> well, first of all, when these things come dripping out, you have to take them with a grain of salt. usually it's the prosecution team, and by that not necessarily the prosecutors but the police who are doing the leaking. and a lot of times that's done specifically to create bad facts that may not in fact be as bad as they sound. start to parse that a little bit. if there was a room attendant there, if the thing or the cart was blocking the door, then you have to say to yourself, how in the heck, what did this guy do, he threw the cart into the hallway, shut the door, tackled her, and i know this is a

i want to bring in jeffrey toobin and noted defense attorney mark geragos, as well. mark, what do you make of the case against this man? how would you try to go about defending him? >> well, i think you just have to wait first, and i'm sure ben is going to find out what the evidence is. he needs to see what -- ben is the, i assume, the lead lawyer here. he's going to wait and see what they have before he decides how to approach this. he's not going to jump to any conclusions on this idea that the prosecutor announced that it was not consensual and it's a serious crime. you know, it seems like they're already in a position where they're doing pushback. i don't know why. if they have such a strong case, i don't know why they're so defensive. i would expect that ben will be circumspect until he sees everything the prosecutor has before he reveals anything. >> the defense though, mark, has tried to kind of get out the details that this flight was prearranged, that the notion that he suddenly booked this flight and went to the airport is not accurate. >> well, they have to

in a moment, we'll talk with mark geragos and new york's top law enforcement officer eliot spitzer., all we know so far from the beginning. here's suzanne candiotti. >> reporter: it was just last

i will talk to defense attorney mark geragos, former prosecutor eliot spitzer about the case being builtgainst him. is your cell phone safe? do you know about the radiation effects? do you hold it against your ear when talking? disturbing report tonight from dr. sanjay gupta. he has been investigate thing for more -- for about a year now. this report will change the way you use your cell phone and has for me certainly. new video from syria. images shocking even by the sickening standards of the syrian regime. all those details ahead. her morning begins with artitis pain. that's a cofe and two s. . back to sore knees. back to moreills. the day one but hang on... her doctor recommended aleve. st 2il can keep arthritis pain awaall day fewerillshan tylenol. th is laraho chose 2leve anfewells r day free opain. and get the all day pain relief ofleven liquid gels. ♪ there's really no better time than now to give great clips a try. relax. you're at great clips. >>> put that under my neck. okay. payit. all right. that is just about everything, huh? >> how about the baby? >> that was a moment from

mark geragos and jeff tubin square off on that. >>> remember him?s recruiting members in new york. well, tonight he is being charged with threatening the createors of "south park." those stories and more at the top of the hour. more piers morgan in a moment. we're thinking about them. a couple decades ago, we didn't even realize just how much natural gas was trapped in rocks thousands of feet below us. technology has made it possible to safely unlock this cleanly burning natural gas. this deposits can provide us with fuel for a hundred years, providing energy security and economic growth all across this country. it just takes somebody having the idea, and that's where the discovery comes from. host: could switching to geico 15% or more on car insurance? host: does the buck stop here? sfx: buck's blustery exhale. host: could switching to geico 15% or more on car insurance? host: does it take two to tango? ♪ >>> you know joe kernen, co-anchor of cnbc's "squawk box." and he's written a book with his 11-year-old girl, blake. the book is called "your tea