race. he also got booed on stage. we'll show what you that is all about. first, the new polling from suffolk university. mitt romney with a commanding 41% of likely republican voters. he is followed by ron paul at 18%, rick santorum and newt gingrich at 7%. this, of course, in new hampshire. both paul and santorum are on the rise since iowa. congressman paul took the day off from campaigning. santorum had a full day trying to turn his near victory in iowa to gains in new hampshire and trying to sell his brand of social conservativism in a leave me alone state. today at a tinor in tilton, new hampshire, he was visited by protesters. then the first lady's 2008 line for the first time in my adult lifetime i'm really proud of my country. he was booed lefrg the stage. >> let me thank you all very much for being here and for your time and attention. thanks. boo. boo. >> he spoke at a faith freedom and friendly hall. keep in mind other statements that are causing controversy because the candidate is denying he even said what he appears to be saying. it happened at a campaign stop in iowa on sunday. >> i don't want to make people's lives better by giving them somebody else's money. i want to give them the opportunity to go out and earn the money. >> the next day cbs's scott pelley asked him about that. >> you said that you don't want to make black people's lives better by giving them somebody else's money. >> i've seen that quote. i haven't seen the context in which that was made. yesterday i talked about a movie called -- what was it -- waiting for super man which was about black children. i don't know whether it was in response and talking after talking about that. so let me just say no matter what, i want to make every lives better. doinlt want anybody. if you look at what i've been saying, i've been pretty clear about my concern for the dependcy in this country and concern for people not being more dependent on government whatever their race or ethnicity is. >> rick santorum monday suggesting the problem may have been a lack of context. to help you decide whether or not he was implying african-americans are being supported by everyone else, we found a longer version of his remarks. listen. >> just keeps expanding. i was in enola a few months ago. and a woman told me that state of eye sigh going to get fined if they don't sign up more people under the medicaid program. they're pushing harder and harder to get more and more of you dependent upon them so they can get your vote. that's the bottom line. i don't want to make black people's lives better by giving them somebody else's money. i want to give them the opportunity to go out and earn the money. >> well, seems clear the subject is welfare dependcy. now he said after explaining his remarks as if they were racial isn't saying, no -- he is saying he wasn't even talking about african-americans. the word black never actually passed his lips. that's what he's saying now. listen. >> i looked at the video. i don't -- in fact i'm confident i didn't say black. i think what i started to say a word and sort of mumbled it and changed my thought. but i don't recall saying black. no one in that audience, no one listening, no reporter there heard me say that. i think it was, from everything i see and looked at it several times, i was starting to say one word and i sort of came up with a different word and moved on. and it sounded like black. >> well, question is, do you buy that? you already heard it once. a second time in greater context. i'll play it for one more time. >> i don't want to make black people's lives better by giving them somebody else's money. i want to give them the opportunity to go out and earn the money. >> decide for yourself. newt gingrich is also drawing fire. his remarks from this morning. >> and so i'm prepared if the naacp invites me, i'll go to their convention and talk about why the african-american community should demand paychecks and not be satisfied with food stamps. >> a lot to talk about tonight. the polls, santorum under fire and rick perry and what comes next? join with us, john king. so, john, what do you make of the explanation that santorum gave you that he wasn't using the word black and saying other words that he just kind of mumbled? >> you played it three times there, anderson. it does sound a little mumbled. but he starts saying bla and he doesn't say the k. what other word it could be is the question? did he misspeak? we work in live television. of course people misspeak sometimes, trip over their tongue. but what could he have been trying to say? could very started to say black people and then didn't finish the word in context is krit ukly important. it's hard to fick out what else he may have been trying to say. now he's saying look at my entire record, i worked in african-american communities. jesse jackson tonight issuing a statement saying this is delibera deliberate. i just spoke to the head of the national urban league. first leader of an african-american organization criticizing rick santorum. he said he's known him for years and respects him. he sees this as somehow trying to play a wedge and playing republican politics? is that what senator santorum is doing? he says no. he certainly opened himself up. he had success in iowa. he's getting scrubbed pretty good right now. >> joe, i guess the question is that sort of explanation he has given going to fly with african voters and independents and others? >> you know, i talked to people tonight. people who do not like rick santorum don't believe what he's about is going to say this is code. this is code to try to get into the whole argument which you heard from both of these politicians that lead you to redistributionist theory, the notion of taking money away from people who deserve it and giving it to people who don't deserve it. and then you throw-in the added racial element. that's another issue, too. long and short of it, this is the kind of debate that a lot of people want to have. it's funny. i'm in south carolina right now which is a place where every four years we get into presidential politics. you see a huge amount of racial politics. and it's always curious the way the questions turn to race as you start moving a little bit closer to the south carolina primary. that said, you know, you have to take santorum at his word. i listened to it several times. i thought he was saying something like bly or as john suggested started to say the word black and moved away from it. it's a great debate though, quite frankly. and thanks for having it, anderson. >> it's been a roller coaster for santorum. he tied romney in iowa. he has a lot more scrutiny what he has to say and attached some other campaigns already. that seems to be heating up, especially on this question of earmarks. >> that's right. never mind the whole issue of his social conservative background and that is obviously what he's trying to appeal to people on. it is also the fiscal conservative. that's where the opponents are trying to get him saying he is just a big spender. ron paul told me when i was in iowa that he is nothing more than a liberal. but then the question of earmarks. this really gets to the idea that he's a spender and second of all reminding people he was in washington for a long time. what's keeping him onnest here? reality is he was defeated in 2006 before the rules were out there. we don't know how many he got. it is possible and probable it was about a billion dollars or more. we also know going through a search we saw press release after press release from when he was in congress touting the money bringing back to the people of pennsylvania. not controversial. but he was certainly doing it. >> we got word today that santorum is making a major ad? south carolina. he got a lot of donation this is week, something like $2 million. even with that, can he really afford to kpeecompete in south carolina? >> that's enough money to make a decent effort. governor romney has way more money than anybody in this race. the only person that has more money is governor perry. is that enough for santorum to be kpet sniff yes, it is. go back and look at the mike huckabee model. he was successful in iowa spending almost nothing. governor huckabee didn't have much money when he came out of iowa last time. he raised something comparable to what santorum has done. how could he not do well here in new hampshire? if fred thompson was not in the race four years ago, mike huckabee would have most likely won south carolina. you can spend several hundred thousands of dollars. the tv ad money, if he has that much money, that's enough to do it. the next part is putting together a network on the ground. will the home schoolers, preachers come together for santorum in south carolina like they did in iowa or will the right be split? ron paul gets a decent chunk of the vote. rick perry has potential there. speaker gingrich gets a little. governor romney gets it. will we have a repeat where john mccain won the state and then the glide path to the nomination? that's the big question in south carolina. >> yjoe, you're in south carolina. is perry already down there or is he in texas? >> no, as i understand it, perry is going to get near a day or two. i have to pick up on what john said. i spoke to richard land. he says rick santorum is a guy everybody in the movement woke up next day after the caucuses and said, wow, i can't believe this guy, our guy, is at the top of the heap the republican party. but the question is whether he can actually convince that same group of people here in south carolina and elsewhere that he can win. because that's always been his problem. people listen to him, he spoke their language. he carried their water. but the question has always been how far can rick santorum go? now he has people asking maybe he can actually do something. >> santorum seems to be giving signals lately that he would like to change his inner image, telling interviewers he made mistakes and maybe used the wrong tone. what do you think that really means? is there a chance he can shift and if so to what? >> i any there is a chance. people really are starting to get to know rick santorum now. you played what happened to him as he made his way through new hampshire. it sounds like he got a little bit pick willy with the students when he was talking about the issue of gay marriage. that is not going to serve him well if he's trying to change his tone. i covered him for years in the senate, anderson. i can tell you that he certainly did not make a lot of friends with that tone. and he also did make a lot of friends with perhaps the kind of people he's going to appeal to in the state where joe is, south carolina. he was the head of the republican conference which effectively means in the senate he was the chief communicator. and republicans were very happy with the fact that he had some slash and burn rhetoric. and that is the kind of thing that he is especially banking on republican voters appealing to republican voters. >> and, john, the "boston globe" tonight, just moments ago, endorsing huntsman. big deal? make a difference? >> i don't think newspaper endorsements make that big a difference. it does give governor huntsman who is struggling. he insulted iowa and camped out here in new hampshire. he's at 7%. ron paul is at 18, santorum at 8%. if huntsman finishes in single digits. he is done. he with say a newspaper that knows mitt romney as anybody else has given me the endorsement. the "boston globe" is read by a lot of people in new hampshire. but, you know, it gives governor huntsman something at a time that he needs something to grasp on to. he is trying to keep his spirits up. he's been here more than any other candidate. he camped out here. if you look at huntsman now, look, we have five days to go, let's let the voters decide. >> john, dana and joe, let us know what you think. we're on facebook. add us to your circles or follow me on twitter. i'll try tweet some tonight. president obama triggering a showdown with the senate by going around the senate. he said he is doing what the constitution says he can do. republicans call it a power grab. we're keeping both sides honest. also tonight, the syrian dictatorship, they're lying about brutality. we know that. now a top level defector from the regime is telling the truth. he's calling this a genocide. he's only talking to cnn. later this is how we're used to seeing casey anthony. now there is a new video out with a drastically different casey anthony speaking out. it's a strange tape. we'll explain how it got out and we'll show you her and her own words. 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[ dennis ] introducing the claim satisfaction guarantee. only from allstate. dollar for dollar, nobody protects you from mayhem like allstate. 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. luck? i don't trade on luck. i trade on fundamentals. analysis. information. i trade on tradearchitect. this is web-based trading, re-visualized. streaming, real-time quotes. earnings analysis. probability analysis: that's what opportunity looks like. it's all visual. intuitive. and it's available free, wherever the web is. this is how trade strategies are built. tradearchitect. only from td ameritrade. welcome to better trade commission free for 60 days when you open an account. the next story is about the campaign trail. a serious showdown for republican lawmakers. talking about raw politics here. a chance for keeping them honest on both sides. it hinges on president obama's decision to appoint this man from the new conserver financial protection bureau and three membersst national labor relations board. now for months republicans have been refusing to vote on a consumer board nominee because they want changes in how the agency works. yesterday the campaign style stopped in his home state of ohio which is also a presidential swing state. mr. obama said enough is enough. >> i'm not going to stand by while a minority in the senate puts party ideology ahead of the people that we were elected to serve. >> so what he did is go around the senate making what is called a recess appointment and republicans on and off the campaign trail erupt. >> what are rules to president obama? he is such an important man. i mean he is the presidentst united states, isn't he? >> you just saw yesterday that the president appoint people to the national labor relations board without the confirmation of the senate as a political pay back to his friend. >> when a president decides to violate the spirit of the law and to use the power of the presidency to reshape the government against the congress, the congress has an obligation to the people to defend our rights. >> senate minority leader mitch mcconnell said the "president has arrogantly circumvented the american people." the constitution allows for recess appointments, article two, section two says presidential power to fill up vacancy an czys that may happen during the recess of the senate by granting commissions which will expire the end of the next session. also keeping them honest, president obama exercised his power fewer times than other recent presidents, democrat or republican, at similar points in their presidencies. the white house complains they've been facing more delays. >> president obama currently has a total of 181 nominees pending before the senate. they've been pending for an average of 165 days. we've had an unprecedented level of obstruction when it comes to the confirmation, often confirmation routine pintment as ennominations. >> keeping them honest, though, the white house this white house did something different this time around. when the president nominated richard cordray, the senate wasn't totally utterly completely in recess. it looked like this. a few senators show up. someone bangs the gavel. to everyone, et means your elected official is holding sessions and admit this freely they're not really doing anything. it's a way to keep congress open for business even though it's not formally meeting. republicans, that means no recess, no appointment. it was the democrats who came up with the whole idea of pro forma sessions back in 2007 to, guess what? block president bush's nominees. joining us now, chief white house correspondent jessica yellin and ari fleischer and former obama deputy press white house secretary bill burdens. jessica, how are officials justifying this move? >> i just learned that president is going to be visiting the consumer financial protecti bur tomorrow morning to rub salt in the wound or squeeze the last bit of media attention out of this story on the same day jobs numbers come out tomorrow. but to your question, yes, i have been talking to white house officials. and white house counsel simply doesn't believe that the senate is in session. she says that banging a gavel, standing around for 30 seconds and banging a gavel again does not allow the senate to fulfill the constitutional responsibilities. so the president had to do what he had to do to fulfill his. that's what she says. >> so where do you stand on this, ar snichlt the constitution doesn't explicitly say how much time is needed for a recess appointment to be made. so the president on any solid ground here from your standpoint? >> no, he's not. that's why this is such a disturb thing that president's done. the problem here is the senate is not in recess. and it was defined as not in recess by its own democratic leader harry reid what harry reid employed this technique to stop president bush making recess appointments. all presidents have done them. president obama has done them. i have not krit sised the president for them. when the senate is in session, the president can nominate appointments. now the president is set for all future presidents to use the get around obama constitution technique. >> what about that? didn't the democrats do the same 1, 2, 3 inning to pr thing to president bush in doesn't they do the same thing? >> for starters, it was president bush's white house counsel who first said that making an appointments during pro forma sessions would be okay. the notion that it could get -- >> bush never did that. >> the notion it could give any more corrosive or partisan in washington seems hard to believe considering that republicans tried at all points to stop president obama's nominees be it for executive agencies, the courts, be it for anything he tries do. mitch mcconnell considers his number one job to stop the president from being re-elected. this is just one part of that. >> what about that, ari? there are a lot of democrats that feel that way. >> surement i remember whining about the same thing when i was the press secretary and democratic senate which is a democratic senate at the beginning of the bush administration under george mitchell. they blocked bush's appointments to subcabinet agencies. >> so you don't buy the idea that the white house is saying this is a unprecedented level of obstruction by this gop?