health care plan. >> what governor romney's former presidential rival called obamany care for its similarities to the governor's law. governor romney has been running away from his critics as fast as he can, saying it should no longer be held up as a model. it's another little known piece of his law that's giving him the biggest headache today, one that says any residents of massachusetts is entitled if they need it, to state subsidized health care, regardless of their immigration status. mitt romney is the one who tore into texas governor rick perry's statewide program to educate young people, even illegal immigrants. >> you talk about magnets. you put in place a magnet to draw illegals to this state which was giving $100,000 in tuition credit to illegals that come to this country, then you have the big states of illegal immigrants are california and florida. over the last ten years they've had no increase in illegal immigration. texas has had 60% increase in illegal immigrants in texas. if there's someone who has a record as governor with regards to illegal immigration that doesn't stand up to muster it's you, not me. >> opponents have uncovered a portion of the health care plan. take a look at the q & a section of the massachusetts website explaining the law. question four, do i need to be a u.s. citizen to be eligible for the health safety net? answer you do not need to be a u.s. citizen to be eligible for the health safety net. you do need to live in massachusetts. the perry campaign has seized on that saying that governor romney's government mandated health care plan provided free care for illegal immigrants in massachusetts establishing just the kind of illegal immigration magnet governor romney claims to oppose. mitt romney's camp responded, saying the regulatory activities involving the health safety net fund including who could get care were made long after mitt romney left office. keep in mind, that just does not appear to be so. here's what one leading expert on base day health care told jim acosta. >> he definitely signed the law, absolutely his people had to know both before and after the law about how the state dealt with this need. this was a costly issue. it was part of the process in the conversation leading to passage of the law. >> you can argue about whether covering illegal immigrants are a good or bad idea. supporters say it's a money saver because uninsured people end up using more costly emergency care. whatever you think of the marriage, mitt romney seems to be disowning it. it was clearly something he was involved with. susan molinari, she's a mitt romney supporter. also former congressman j.c. watts, who hasn't endorsed a candidate yet. and dale ash, editor of big journalism.com. is this a problem for mitt romney? >> i think it's a big problem for mitt romney. his defense out of the gate was a little weak. there's a several different ways he could have come out stronger about this, but he chose the wrong one. it's a huge problem because he made this a focus against rick perry and any other candidate during the last debate. it's a big problem because if you want to look at illegal immigrations and health care costs, and illegal immigrants and college tuition, health care is a mandate. you don't have to have a college education. so i think that it's exponentially worse. anderson, there's so many different ways that i have problems with this whole thing, but the bottom line is that it underscores how bad romney care was and still is and still continues to be, not just for massachusetts but for mitt romney. >> susan, you're a romney supporter, do you agree with dana that this is damaging for him? >> i think it's something that needs to be explained in terms of the reality of today. number one, his health and human services secretary stood up and said, while we were crafting this legislation, at no point in time did we do anything to encourage and in fact went out of our way to discourage illegal immigrants from taking care of -- from taking advantage of this health safety net. number two, illegal immigrants or anyone taking advantage of emergency room health care is a federal law, not a state law. so that's something that has to be dealt with on a state by state basis from a federal perspective, not from just the state of massachusetts. and number three, it is true that the regulations that were promulgated that seem to include illegal immigrations, that include them came under deval patrick, not under governor romney. >> susan, you're saying they didn't do anything to encourage illegals, but the law when it was being written and mitt romney apparently knew about it and this was discussed at the time according to those who have been following this very closely, they knew it would allow illegals who were in the state of massachusetts to get health care. >> before the law and after the law, illegals were granted access to health care because that's the federal preemption over all state laws. so yes, i'm sure they were aware of it, but there was very little they could do in crafting state legislation. >> j.c., where do you stand on this. >> hi, susan and dana, anderson with all due respect to governor romney, as i traveled over the country the last 14, 16 months talking to republican voters, i have found there's been two camps. there's been a pro-romney camp and an anybody but romney camp. and i think again with all due respect to the governor, these are the type of things that have republican voters questioning, you know, where he stands. i understand the federal, you know, the federal regulatory policy. however, it's something that the governor's going to have to defend and i think it's one more arrow in his quiver that he's going to have to defend along with all the other things that people see a real dichotomy in his policy decisions concerning a lot of different things. that's why you have not seen him running two presidential campaigns both very well funded, very well organized, but he's not gotten more than 24, 25% at this point. and i suspect that will remain a problem or will present a real problem for his consultants and those who are advising him. >> dana, couldn't you just say -- and let me just play devil's advocate here. this is just the perry campaign trying to muddy the waters, that romney scored some blows against perry during various debates saying that he was encouraging illegals to come to texas with his dream act. his support of it. they're just trying to muddy the waters? >> you can say that but perry didn't have anything to do with this, that was romney's doing. two points, first and foremost that these rules went into effect may 1st, 2004, while mitt romney was governor. it stated that your citizenship status, your immigration status will have no effect on your eligibility. this passed while mitt romney was still governor. so the deval patrick argument does not work. >> what about susan's argument that the federal government requires that people be treated -- >> right. well, no, and look, i understand that point because -- and i think that perhaps the intent behind this was to encourage illegal immigrants to stop using the emergency room as a primary care facility. but there's a problem with that. and the problem is we know just last year $400 million is spent on this particular program and a little over 1 million clinic visits and hospital visits were paid for through this program. but the problem is we don't know how many of them were illegal immigrants because massachusetts doesn't record that data. so if you're going to use this as an argument to say, well, the federal law says that we have to cover them, this program is us trying to reduce the cost, then you would think that the state would keep track of the number of illegal immigrants whose visits have been paid with this program. so we don't know how many. so i don't know how anyone can really use that argument to sort of boost their point here. >> susan? >> well, because the point is that you're accusing governor romney of including them and i'm saying that it's the federal government that forced the governor to cover that in any legislation as has been the case in states throughout this country and in fact under deval patrick, the current sitting governor, those ramifications and policy ramifications have only increased towards encouraging illegal immigrants to take that kind of action. so those are very valid points. that was not the reality set forth by governor romney in any way, shape or form. >> we'll see how this continues to play out on the campaign trail. dana loesch, susan molinari and j.c. watts, thank you for joining us. let us know what you think, we're on facebook and twitter. i'll be tweeting tonight. you're already tweeting me about it. up next, what's going on. are democrats wasting their time playing politics on a jobs bill scheduling vote after vote that they know will fail while the unemployed americans are pounding the pavement. or obstructing a bill most americans say they want. we're keeping them honest. also tonight, new video showing some of moammar gadhafi's final moments. yep, another video. the moment he was taken alive, really basically once and for all answers the questions about whether or not he was caught in crossfire as the libyan government has continued to claim. and later, new surveillance video in the disappearance of that 11-month-old little baby girl, baby lisa. who is the shadowy figure on the tape. this was taken the night she disappeared. with advanced power, the verizon 4g lte network makes your business run faster: smartphones, laptops, tablets, mobile hotspots. but not all 4g is created equal. among the major carriers, only verizon's 4g network is 100% lte, the gold standard of wireless technology. and while other carriers may have limited lte coverage, verizon is the largest lte network in america and ever-growing. with verizon 4g lte, you can invent new ways to upgrade your business using real-time group meetings from remote locations, video conferencing, mobile credit-card payments, lightning-fast downloads, and access to thousands of business apps. plus, verizon has the largest selection of 4g lte devices and the most 4g lte coverage for your business. all on america's fastest, most reliable 4g network. no wonder more businesses choose verizon wireless than any other wireless carrier. verizon. fore! no matter what small business you are in, managing expenses seems to... get in the way. not anymore. ink, the small business card from chase introduces jot an on-the-go expense app made exclusively for ink customers. custom categorize your expenses anywhere. save time and get back to what you love. the latest innovation. only for ink customers. learn more at chase.com/ink the two trains and a bus rider. the "i'll sleep when it's done" academic. for 80 years, we've been inspired by you. and we've been honored to walk with you to help you get where you want to be. ♪ because your moment is now. let nothing stand in your way. learn more at keller.edu. okay... uhh. the bad news, it's probably totaled. the good news is, you don't have to pay your deductible. with vanishing deductible from nationwide insurance, you got $100 off for every year of safe driving, so now your deductible is zero. the other good news ? i held on to your coffee. wow. ♪ nationwide is on your side ( laughing ) it's actually a pretty good day when you consider. that's great. keeping them honest tonight, reaching an effort to put americans back to work. one side is calling republican refusal to even consider obama's jobs plan what the other side is calling a democratic ploy to keep putting that plan up for vote knowing full well the republicans won't pass it. the charge grandstanding instead of reaching a compromise to help unemployed americans. you can agree or disagree on that charge. we'll talk about it shortly. but first, how we got here. the president put forward a plan that polling shows a strong majority of americans support. but a handful of democrats in congress and republicans do not. >> some of you probably know that last month i sent congress a piece of legislation called the american jobs act. don't just applaud about it. vote for it. vote for it. and this is the bill that congress needs to pass. you should pass right away. you should pass it right away. pass this jobs bill. now, pass this bill. we need to pass this bill. i don't care if you're a republican or a democrat. this is not the republican jobs act. this is not called the democratic jobs act. this is the american jobs act. and everybody will be better off if we pass it. pass the jobs bill. they should pass it right away. i'm ready to sign a bill. i've got the pens all ready. >> but republicans quashed the bill in the house and blocked the senate version from proceeding. they attack the president for playing politics with jobs and waging class warfare because the bill is financed by taxes on the wealthy. senate majority leader harry reid breaks the bill in pieces, still with the millionaire tax. although republicans can once again block it, reid said he'll continue to schedule these votes. a reporter asked him why. >> if 70% of the american population supports taxing millionaires and you say the problem is that the senate gop won't get on board with this, why not try to find another pay for it that the senate gop can get behind instead of taxing millionaires? >> the senate gop has had a love affair for many years now with grover norquist. they will not touch anything dealing with revenue, nothing. even though they're not in touch with reality or their own constituent, but they are in touch with grover norquist. >> grover norquist is a conservative anti-tax gop kingmaker. mitch mcconnell said it has nothing to do with norquist and has everything to do with harry reid and playing politics. >> these bills are designed not to pass. the president is deliberately trying to create an issue here. i don't think the american people think that raising taxes on business, small business in the middle of this economic situation we find ourselves in is a particularly good idea. >> he clearly believes that americans want republicans to stand their ground. and senator reid believes just as firmly that americans support the democratic position and need to be shown who is blocking it. when it comes to policy, the polling does support senator reid's mechanism for the jobs bill. 76% favoring taxing people who make more than $1 million a year. on the other hand on the politics of scheduling vote after hopeless vote may be on much shakier ground. 69% of americans think that congress has done nothing, repeat nothing, to address the country's problems and this is part of it. 28% blame republicans, 18 blame democrats and 18% blame both. joining me now senior political analyst david gergen and chief white house correspondent jessica yellin. david, i mean, democrats are being quite open about what they're doing here. they're saying, look, we're going to make republicans vote on all these pieces of the jobs proposal. if they vote it down we'll remind them of that on the campaign trail. that is kind of political game playing, is it not? >> it is political gamesmanship. and most democrats will tell you that privately. right from the beginning, this jobs bill, while democrats especially in the white house believe it would help was designed to be more of a political document than a governing document because the president asked that it all be paid for through higher taxes knowing full well that republicans would refuse. and ordinarily, anderson, if you want to have a serious governing document, you put forward your proposal and you invite the other side to put forward theirs and you sit down and compromise and see if you can reach an agreement as they did with the very messy process around the debt ceiling. they've chosen this other path. they want to make points. they want to blame the republicans for high unemployment. this is all about setting up an argument next november that it's the republicans that refuse to go along. but in terms of gamesmanship, anderson, both sides have played this. republicans earlier this year passed the ryan plan in the house knowing full well it wasn't going anywhere in the senate. they wanted to win an argument about entitlement reform and cutting deficits. >> jessica, democrats say republicans were doing it, so now we're just doing it too just to make this point and to, you know, we're now playing by their same rules. that's what i'm hearing from a lot of democrats. >> sure. the reality is this is what parties do in an election year. the majority forces the minority to take unpopular votes. does that lead to us a bright new tomorrow? no. but that's how this town sometimes works. i'll make two points. one is, anderson, that it's true that the white house would be happy if some elements of this plan would pass because it would probably at least alleviate unemployment in the short term which would help the president in the election year. they do think there are two pieces that will pass. the payroll tax cut and unemployment insurance. but beyond that, it is a political game. what they're trying to do is point out that the republicans are opposing these very, very popular elements of this plan, and then hold their feet to the fire because what is the president's other alternative in a terrible, terrible economy, he has to drive a campaign message, this is what he can do under the current circumstances. >> other than those two items that jessica mentioned, it doesn't seem that there is much room for compromise. it just seems like a stalemate. >> there is talk among republicans about trying to pass a piece of legislation that would repatriate the earnings that corporations have earned overseas but they're not bringing back home because tax rates are so high here on corporate earnings. and republicans might be willing to cut a deal to do more on the jobs plan if the democrats would go along with the repatriation argument. "the new york times" editorialized against repatriation for several reasons. there is still some bargaining. they did get the trade bills through. the president doesn't like to mention that. but he wouldn't have won those trade bills without republicans passing the votes. but the last point, anderson, is this. the president is really playing -- and jessica knows this better than i do -- the president's on a dual track policy. on one hand trying to set up all the instruction and blaming republicans for stopping things, but he's using the executive power of the presidency to try to get some positive things done as he did on housing and refinancing housing. both of those are trying to make political points. these guys, they're standing in the way. they're stopping all the progress. if it weren't for them, we'd have the unemployment rate down, meanwhile, i'm fighting for you back home. bill clinton did this back in the '90s. it worked well for him as a democrat. >> in terms of the timetable and the president does not have an indefinite period of time to define himself as the person who's going to turn the economy around. voters are casting votes in a little more than a year from now. >> you're exactly right and this is something that a lot of us miss. this is his moment right now before the republicans pick a nominee. the president has to try to persuade americans now that he has a plan to fix the economy, that he has a vision for the future that can give voters hope. david made the point. he's pitching his jobs bill saying he has this vision for the future. and that if the congress doesn't pass it, then most of the campaign strategy is to run against that broken system that he's arguing that he has tried to fix. he'll run against washington, but at the same time, as david makes the point, he's als