to dispel any lingering doubt, i thank mort and i thank peter. i think that these reports are unconstitutional for the simple fact that the senate was open business and there was already a recess. i was planning on spending some pressing you with vigor and talk a little bit about the framers' design, but mort has done that and i see we have a couple of relevant quotationings. so let me grab the bull by the horn and launch into what i consider the more important part of the discussion of this issue. but i cannot help to make a small rejoinders to my good colleague by pointing out that the framers, in their typical fashion, adopted an overall scheme for the appointment of executive -- principle executive officers. a typical style of checks and balances where one branch can stalemate each other and respect the overarching goal of the constitution is diffusion of power and there are circumstances where nothing gets done. framers anticipated that. when nothing gets done, that's not an excuse for the president to resort to shelf help. now, the framers

mort, the floor is yours. >> thank you. i want to thank ai and peter and wayne abernathy for affording me this opportunity to share my views on this extraordinary important and constitutional issue with this knowledgeable audiences and very distinguished panel of legal scholars and practitioners. i feel the trepidation of a dissertation defense appellate court argument. i will plow ahead. i'd like to add one or two facts to the factual background that peter has just given you. the resolution that put the senate into pro forma session, as it is called, said that no business would be conducted during that period of time. and the office of legal council memoed that has been relied upon by the president to do these recess appointments makes a big point of, gee, we've been told that no business would be conducted. in fact, business was conducted on december 23rd, congress, by the senate by unanimous consent, passed the taxpayer continuation act emergency taxpayer information act of 2011. and that is quite a legislative act. in a

thank you. [ applause ] g >> thank you very much, mort. our next speaker is doug kamick. he is the human rights law at peperdine ephrine. he was previously the u.s. ambassador to the republic of malta. one of the reasons i was happy to have doug here is to show that this is not necessarily a partisan issue. doug was the assistant attorney general in charge of the office of legal counsel during the presidencys of both president reagan and president george h.w. bush. so he is -- at least was a republican. and that shows that this can come out in any number of ways, politically. it is truly a constitutional issue. right now, doug is the -- doug's academic career includes serving as dean in saint thomas moore professor of the catholic university of america in washington, d.c. and a professor in law and government at the university of notre dame where doug taught for close to two decades. do you want to speak from there or from the podium? >> you know, all law professors have to stand. >> law professors have to stand. good. >> okay. >> good afternoon. it's goat to be with you.

the third issue and the one that mort addresses is the question of whether the recess appointment clause applies to intra-session resayss, like, you know, this is the 112th congress. the custom now is first section, second session, each one lasting roughly a year. each starting on january third. now, i think the most persuasive arguments made against the validity of action such as those the president took recently would go to the question of whether there any valid intrasession recess appointments. at the end of not persuaded that there is any such limitation, i think the arguments are quite powerful. and one reason that they're not is that the whole notion of session is very vague in the constitution. peter speaks about the fact that this says "the recess" as if there is one. but there can be many sessions within a single congress, as, indeed, the roosevelt appointments were not made between the first and second sessions, but between a special session. so there could be multiple recesses that are inter-session within a single congress. and the vagueness of that means that i don't see an

give me the thorns scenario, mort. >> you want me l rating averaged 47%.for every positive indicator cited in the setup, there's a corresponding negative indicator of perception that more than offsets the good news. >> well, i'll give you one. housing prices are still going down. we have lost $10 trillion in government numbers in household wealth, $2.4 trillion in the last quarter of last year. so that's not too long ago. what is more, if you measure consumer sales and take out what we call non-discretionary consumer sales, namely flood and fuel, in fact sales are basically one-tenth of one% from jan, so the economy remains very weak. three years into the largest stimulus of both monetary and fiscal policy in our history, where normally the gd, and would be growing at 8% with this kind of stimulus, it's growing at less than 2% some i don't know how it will go because it's unprecedented and unpredictable. but not nearly as optimistic as you imply and certain as the president was implying. >> the gallop report, 40% say the economy is improving in the latest

they have what mort calls capability which they have now.they've got a -- they can refine the uranium, they can do it over a period of time, but they just don't have the absolute ability to build a bomb. >> in that press conference in the roads garden this week, the president said the window for diplomacy for stalling this problem is shrinking, and he was speaking to the iranians as much as anyone else. and david cameron said everything is on the table. he repeated that line, which i thought was quite a strong statement because -- british are very opposed to israel. >> you want to pit out obama is really sending a bad example because he is mixing his metaphors. he says the window is shrinking, shrinking is a term of laundering. >> you can't -- >> because i think the iranians will get it, whatever metaphor he used. >> you can't launch a war against iran without -- look at the build-up we had to go to war against iraq, which is a country one-third as strong, one-third as large as iran to go to war he has to bring shipments and planes and troop

tuition is higher than when you went to college david. 1.2 trillion in under water mort depadges andortgage debt market. that's a big dial. >> apple is not selling ipads like crazy. it is showing what stock to buy like crazy, that's next. 14 clubs. that's what they tell us a legal golf bag can hold. and while that leaves a little room for balls and tees, it doesn't leave room for much else. there's no room left for deadlines or conference calls. not a single pocket to hold the stress of the day, or the to-do list of tomorrow. only 14 clubs pick up the right one and drive it right down the middle of pure michigan. your trip begins at michigan.org. ♪ why do you whisper, green grass? ♪ ♪ why tell the trees what ain't so? ♪ [ all ] shh! ♪ whispering grass ♪ the trees d't have to know ♪ no, no [ all ] shh! ♪ why tell them all your secrets ♪ ♪ who kissed there long ago? [ all ] shh! [ male announcer ] dow soluons use vibration reduction technology to help reduce tra noise so trains move quieter through urban areas all over the world. sometimes the best solutions are the ones you never hear

adjustments and 8.3% is a very rosie way of looking at it if you -- >> you think -- you agree with mortthat the bureau of labor statistics gives us that information is slanted and this seasonal adjustment has a lot of cushy stuff inside there we don't want to talk about? >> look, let me say one thing here. the 8.3% measures people who have actively applied for a job in the last four weeks. when you've had the average period of unemployment which is over six months, over sever months, that's a ridiculous standard on the base at which you look at unemployment. if you look in terms of number of people who have applied for job in the last six months, it's 15.1%. these are government numbers. and to that you have to add the people who have left the labor force which if that was adjustment, it would be 18%. so the numbers are much worse than they look. >> you want to give prediction? is that buried in there? >> no. i'm saving the rest of my prediction. my prediction is -- [everyone talking at once] >> however underflight the 8.3% is, people will really be watching that number and the media wi

there are many other places in the code -- >> the best collection i found in your favor i think is in mort her captains brief on page 1617 he has a whole list. i had my law clerk look all those up. it seems to me that they all fall into the categories of either one, these are penalties that were penalties assessed for not paying taxes. or two, they involve matters that were called by the court taxes. or three in some instances they were deemed by the code to be taxes. now what we have here is something that's in a different statute that doesn't use the word tax once except for a collection device and in fact, in addition, the underlying aia reason which is to say to the solicitor general we don't care what you think. we in congress don't want you in court where the revenue after a state tax injunction act or the revenue of the federal government is at stake. and therefore you can't waive it. i got that. here it's not as stake and all the differences i just mentioned. so i ask that because i want to hear your response. >> there are penalties in the internal revenue code that you really coul

he had a mort ar cannon in his gear wrapped around the gear. and nothing unusual. we jumped with 60 millimeter mortars and tripods and 81 millimeter bases and so forth. it was nothing unusual. but he slipped. by the time i got him up, we must have gone six, eight miles. must have been seven miles because that was how far i found out i landed from where my jump zone was. whether the plane travelled over the jump zone, i do not know. all i know, i jumped into this maze of fireworks. looked like the 4th of july, 10 times over. stuff was everywhere. you could hear the shells going through your chute. a sound that i have never forgotten. i hear it in my sleep now. it's a distinct sound, a bullet going through the silk. how long it took me to get down, i don't know. it wasn't very long because i imagine we jumped about 700 feet. we were supposed to jump at 900. some people jumped at 300. they were trying to evade flak. whether my plane was hit, i'm sure it was, because there was so much there you could almost walk through the flak. it looked like stuff was curving. actua

mort fare hikes right around the corner -- more fare hikes. united and american are beginning a new fare hike. southwest did this yesterday. they are paying more for fuel and pass on those costs to the passengers. hotel rates jumped more than 7% for business and leisure travelers last month. that was the biggest year over year increase on record. getting to the markets. ben bernanke hitting on possible more stimulus programs to help boost the economy. a bit of an extension of that rally we had yesterday. investors getting a report on home prices in 20 big u.s. cities. at&t turn into microsoft to boost sales. it uses their high-speed so- called lte network. that is much cheaper than the latest iphone. apple is working on adding sports scores to its mobile assistance service. espn is part of disney which has a longstanding relationship with apple. i'm jane king reporting for wbal-tv 11 news. back to you. >> you mentioned the summer travel season is around the corner and that means summer drinks are coming in. starbucks has a new drink. >> it is

internet companies track on-line activities all of the time so they can sell morte targeted expensive. they were doing it even when the browser was set to block that kind of tracking. google says it bypassed those privacy settings last year only in order to embed a social networking feature on ads and the subsequent tracking was inadver inadvertent tent. they are looking at whether it violated the legal succeettleme with the government in which google pledged no the to misrepresent the prooi see practices to consumers. the fine for violating the agreement is 16,000 dollars per violation per day which with millions of people affected could add up quickly. the state attorney's general may be able to levy fines up to 5,000 dollars for violation none of that includes what they could stenn stand to pay in europe. this could be an expensive punishment if they are found liable. >> could be a hit in the stock price as well. thank you so much diane macedo. back to you. >>> 34 minutes after the hour. are you wondering which movies to check out this weekend? we have the information for you. ador

driven by a strong demand in asia up 29%, in mort america, up 26%, and if europe, also hermes was resilient to the economy slow down with a 16% increase in sales. margins 31.2% up from nearly 28% a year ago. the company say it will pay a dividends of two euros per share plus a special dividend of five euros just as a reminder other french luxury group also posted a strong mc. 22% for the operating profit, all good in the luxury sector. >> thank you so much, stefane. coming up on the show, portugal is in the grip of a 24 horse general strike. we'll talk to an expert who says lisbon may be forced to ask for another bailout later this year. another bailout later this year. . >>> labor reform talks between italian government and unions have failed to produce a deal. the largest it alan trade union has called an eight hour strike against the measure which is would make it easier for companies to layoff employees. mario monti has signaled that he will pass the measures new parliament with or without their support. >>> portuguese workers have kicked off a strike against the plan to cut austerity m

. >> trumpet of the dead translated from the french, trumpet du mort. and oysters.stir them around. because mushrooms have such a high water content -- >> they come down to nothing. >> they come right down. nice high temperature, give them a top. seeing we're in new york, i thought we'd serve it all on a bagel. >> sure. >> i've grilled some bagels. what we'll do is take that. once these mushrooms cook down, they're going to look -- >> like this. >> like this. >> beautiful. >> season them just before you take them out. >> what are you seasoning them with? >> a little bit of salt and pepper, nothing too exciting. >> here comes an egg. incoming. >> does she want it? >> plop it right over here. >> i've got this. >> good one. >> see? look at that. i've got an old-style piece of bread and you can take it from the water, rest it on that -- >> that's a good idea. let me do that. that sounds like fun. >> otherwise soggy toast. >> that's good. then you bring it over. >> you learn that in l.a.? >> learned that in l.a. >> talk about your new bravo show. what's happening there?

. >> trayvon's mort said those claims directly -- event indicated their son. >> there was no visible injuries or blood on his shirt, so we have concluded that there may not have been any injuries at all. >> meanwhile zimmerman's attorney wouldn't commitment himself either way. >> the video is very grainy and i'm not sure -- as far as being able to see the injuries and then later cleaned up. >> trayvon martin said something to the effect of you're going to die now or you're going to die tonight. he continued to beat george at some point george pulled his pistol and did what he did. >> but martin's girlfriend who claimed she was on the phone with him before the shooting insists that never hand. and funeral director richard kurt cast more doubt after examining martin. >> and while protesters and trayvon martin's parents continue to call for george zimmerman's arrest sanford homicide detective may also believe that zimmerman was the real culprit that night. >> he told me that he -- that he and this other officer with him felt that it was not self-defense, and that they needed to prove it

. >> brad snyder released a statement no attempt to mislead the public catch mort 10th district race politics tonight monday-friday 6:00 p.m. on c ltv. if you vote that led light march 20th primary to choose from dozens of candidates who want to be judged at our look at the long list of candidates thinking no idea any of the people a good judge? tonight wgn investigation whether a judge always uses good judgement. >> lady justice symbol for all that is right in the world the sword means power the scale balances the claims of each note struggle which is why her image in place and on the illinois supreme court seal. every election year up to the voters to decide who will wear the rope sit behind the badge dispense justice. is this lady decision to important for boaters who rarely noted know the difference between this guy >> ever hear of these names? >> the man finds sounds familiar but i might be confusing him with rod stewart >> attorney and former chairman of illinois judicial inquiry board >> nobody in this town judge lawyer archbishop can intelligently identify each of the cadets

more on the legend of morte. >> these piercing red eyes belong to a woman long hidden from view, herame is santa muerte. the saint of death. she's a secret no more. >> along with the catholic church, the current administration has fingered her as spiritual enemies number one. >> spiritual enemy number one for mexico, not cannonnized by the catholic church, so she's referred to as a saint. she caught the eye of professor andrew chestnut a few years back when the mexican army -- near the u.s. mexico border. it's part of the war on drugs. >> the mexican government would go so far as to see this folk saint as a major threat to their war against the cartels. really, really is intriguing. >> you see, developed quite a following among criminals. many drug traffickers believe she can protect them from the long arm of the law. this photo of an alter was snapped by the drug enforcement administration, or dea during an investigation here in the d.c. area. >> might appear actually gold embossed and a revolver or in safe houses. >> ava cooper davis is a special agent in charge. she is no stranger

mort gage rates have declined to 3.99% from 4.08% last week. homes more affordable but economists say it will take years to recover from the economic housing bust. claims dropped to 350,000. you've got to be in it to win it. the jackpot has hit a record $540 million. the drawing will be held on friday and lottery officials say spiralling demand is driving the jackpot even higher. the lucky winner can chose a one-time lump sum of 389 bucks or an annuity to be paid out over 26 years the odds of being struck by lightning are 1 in 10,000. what's ahead for the second quarter. s&p 500, it's the only 11th time that the market has double digit returns since 1928. as for the do you, it's the best quarter since 1928 and the nasdaq composite is having the best quarter in over 20 years. can the markets keep up this pace of momentum and performance? managing director and portfolio with director financial and and higher oil prices and debt crisis in europe, best quarter in decades. what do you think is behind this? >> i think the fact that we didn't freeze f

this weekend plenty of snow on the ground bring your genes more storms expected over the weekend to mort, as we headed toward saturday and sunday north star looking in 9 in. on the ground and plenty more to,,,,,,,,,,,,,, six tokamak 616 let's take a live at the top stories on this wednesday. volunteers return to morgan hill this morning as they search for sierra lamar and investigators now say the missing 50 year-old was likely adopted 12 days ago and the suspect nabbed a murder case in the san francisco family will be arraigned in court this afternoon da george gaston tell cbs five that he will thoroughly review the case but is unlikely he will seek the death penalty. former cuban leader fidel castro is expected to meet the pope today pope benedict has already met with president raul castro fidel's brother this is the final day of the pope's visit to cuba. a jet blue pilot flips out in mid flight passengers held him down after he started behaving erratically yesterday. in the copilot's locked out the captain clayton when he got upset witnesses say he started screaming about how it s and

so for the next two days there is a chance of light rain or showers again mainly in the mort bay. then we have cloudy skies but probably, then we have i'm sorry area wide chance of showers on thursday. dry conditions on friday. rain likely on saturday then another chance of showers sunday or monday. no system looks like major rain producer but it is going to be a period of unsettled weather with chance of showers throughout the 7 day period. >> okay thanks very much. >> coming up next on the news at 9:00. who can forget the woman smiling in the pictures showing the abuse at abu ghrai ghraib. what she is saying 8 years later and her one regret. ghraib. what she is saying 8 years later and her one regret. stay with us more laces? really? slip-on's the way to go. more people do that, security would be like -- there's no charge for the bag. thanks. i know a quiet little place where we can get some work done. there's a three-prong plug. i have club passes. [ male announcer ] get the mileage card with special perks on united, like a free checked bag, united club passes, and priority boa

if you thought the gop race couldn't get morte tumt tumultuous and twisted.pi. mitt romney came in third in both southern states. he skipped last night's speeches to head to new york. his opponents seized the moment to bash his inevitability argument. >> we did it again. >> if you're the front-runner, if you're the

a lot of incentives are very wonky, tricks of how to am morte the cost of a rig over 12 years or 18 years. it's a very big difference. the president isn't asking for that much. asking for $4 begin. if we compare that to the amount of profit these guys make in a year, $130 begin in 2011, we're really talking about small small amounts of money. even more than that, he's looking to remove that money, looking to force that money into incentives for renewables that have run out since the 2009 stimulus package ran out in september of last year and then again in december of last year. he's looking to move that money into something so desperately needs the help from something that desperately doesn't need the help. >> do you see any horizon in the future on big oil's strangle hold of american policy. you can try to chip away and try to make arguments and try to pluck this low hanging fruit and it's so hard to do. is there a point at which that power begins to diminish? >> i think one of the ways you move is take the oil market and get out of what has become a global oil market controlled by these

if you thought the gop race couldn't get morte tumt tumultuous and twisted.pi. mitt romney came in third in both southern states. he skipped last night's speeches to head to new york. his

mort downey says metro knew about brake problems for six years and designed a plan to solve them, but then didn't implement it. there were two potentially serious brake failures recently. the board says the transit agency knew that brake parts that were designed to last for 35 years were failing within 15 years. and the agency didn't have the money to fix the problem and put off replacing them. in two recent cases, brake parts fell off trains. there weren't any injuries. as of this week, 90% of the parts in question have been replaced. >> for passengers, i don't think there was extraordinary risk. but it's not a way to run a railway. if something needs to get fixed, 80 should get fixed. >> are there other safety issues we're not hearing about? tom sherwood will have more on the story tonight at 6:00. >>> just a short time ago the foggy bottom metro station reopened after daddily accident. this afternoon a train ran over a man who was on the tracks. the blue line is single tracking between foggy bottom and arlington simtary right now. and the orange line is also single tracking from fo

more clouds toward the mort guy. breezy by the hills. rain comes in on tuesday.rra looking for a winter storm warping starting at 11:00 tonight and goes until 5:00 a.m. on wednesday. 60s for temps or upper 50s. but then by tonight we have the clouds rolling in and temperatures will really drop off the table by the weekend. rain moves in tuesday early wednesday. we get a break. no -- >>> reign fall car companies are making it easier to rent environmentally friendly cars. hertz has electric cars in san francisco, london, and washington d.c. fleets. anoa vis is adding chevy vaults to the new york cars. many hotels are accommodating the switch by offering free charging stations. >>> gas price in the bay area continue to inch up. prices are up an average of one or two cents in the last week. as initial prices are highest in san francisco where a gallon of regular is $4.41. in oakland and san jose the average is $4.34. santa rosa it's a penny less. that is more than .50 centss a gallon higher than the national average. >>> a traumatic police chase on the streets ovolos

adele widless and mort victor were found dead in their home.r a year. >> reporter: mary rivera escaped with her life after leaving her lexus running in her garage in 2009. but her long-time partner died of carbon monoxide poisoning. >> the ignition didn't turn off. i thought i turned it off, but apparently i didn't. >> reporter: she was saved by her brother, who had worried when he did not hear from her. >> i thought she was dead. i rushed to her and was yelling at her and shaking her. >> reporter: the center for public safety says it tracked six fatalities involving push-button starters and wants car manufacturers to return to keys. >> isn't it our fault if we walk out of the car without turning off the ignition? >> the price for forgetfulness in today's stressful modern society shouldn't be death by c.o. poisoning. >> reporter: toyota, which made mary's lexus, says its vehicles make a visual warning and sounds a tone when a driver leaves without shutting down the car. still the national highway traffic safety administration wants manufacturer

should we pay down our mort gage gauge or invest in the stock market? >> i say split it.ations. you're paying down pretty inexpensive debt and putting money at risk but can grow at a much faster rate. >> maybe a little more in the 529 plan, too. $5,000 a year. college is expensive. >> if there's anything left, max that out. >> lynette, sandra is married. she's a stay-at-home mom. her husband is disabled and works full time. what kind of life insurance should they get? >> they should. >> she's smart to be thinking about this. the fact is, if something happens to her, if her husband who is working would have to pay a bunch of services and daycare and nanny and that kind of thing. she should look into life insurance for him. he might need a supplemental life insurance policy. he likely has one on the job. ensure.com is where he can go to comparison shop and find insurance options that meet their needs. >> guys, thank you very much. send us an e-mail at any time to cnnhelpdesk to cnn.com. this is $100,000. we asked total strangers to watch it for us. thank you so much, i appr

que es el principal sospechoso de llevar a cabo al menos 3 mort feroz ataques este mes de marzo.o que es miembro de al qaeda, y que llevÓ a cabo los ataques, para vengar la muerte de niÑos palestinos, en medio del conflicto con israel. el ministerio de interior francÉs, dijo que estÁn seguros que el hombre es el responsable de la muerte de 7 personas, y en los 3 ataques del 11, 15 y 19 de marzo. dijo ademÁs que el hombre actÚo en venganza por la participaciÓn de tropas francesas, junto a la otan en conflictos con el extranjero. el sospechoso tirÓ una pisla por la ventana, a cambio de un telÉfono y dispone de otras armas. una escopeta uji y otras pistolas. estÁn interrogando al sospechoso en este momento. y la madre estÁ colaborando con la policÍa en la redada. llegaron a israel l cuerpos de las vÍctimas dondeerÁn sepultados. >>> 300 policÍas participan en la redada y el ministerio pran ceso asegurÓ que pague ante la justicia por los 7 asesinatos que cometiÓ en medio de las negociaciones, el sospechoso prometiÓ que se entregara en las prÓximas horas. regreso contigo. >>> estaremos