assistant basketball coach. zach tomaselli claims he was fondled when he was 13 years old. he plans to discuss these allegations very shortly. going to bring you his remarks live. we should note, however, that shorts are questioning tomaselli's credibility based on records from the syracuse basketball team's travel as well as hotel. also tomaselli announced this week he is going to plead guilty to sexually assaulting a boy in maine. the syracuse district attorney says he can't prosecute bernie fine for allegedly molesting two former ball boys. that is because the statute of limitations has now expired. bobby davis and mike lane claim that they were sexually abused during the 1980s. the d.a. does say he believes both guys are telling the truth. he told gary tuchman a nanny who worked in the fine home had suspicions. >> she didn't physically witness any molestation but clearly body language, affect, the way they talked to each other, the way they acted around each other, the conversation she had with laurie fine, there's no question -- >> when it came to bernie, what did she say about the way bernie fine acted that made her know? >> the way they would do things, watch tv, the way they would eat food, the way they would suddenly disappear together. >> now bernie fine's attorneys have not yet responded to the accusations allegedly made by the nanny. meanwhile jerry sandusky could be getting out of jail this afternoon. the former penn state assistant coach was arrested again yesterday after two more young men came forward to accuse him of sexual abuse. now this brings the total number of alleged victims to ten. sandusky could be released on a $250,000 cash bail. attorney general eric holder, he is in the hot seat on capitol hill this morning. a house committee is investigating possible wrongdoing in a gun sting operation known as "fast and furious." it allowed illegally purchased firearms to be taken from arizona to drug cartels in mexico. some house republicans say holder should resign but the a.g. is now standing his ground. >> the use of this misguided tactic is inexcusable and it must never happen again. soon after learning about the allegations raised by atf agents involved with "fast and furious" i took action designed to ensure accountability. >> so also set to take some heat on capitol hill, former u.s. center and governor of new jersey, jon corzine. he was chief executive officer of the firm m.f. global when it collapsed in the eighth largest bankruptcy in u.s. history. lawmakers want to know what happened and why an estimated $1.2 billion, that's billion ons in client funds are now unaccounted for. in prepared testimony today corzine apologizes for his firm's failure but says he doesn't know where the missing money went. politics. all about momentum, mojo. newt gingrich clearly, he's got it in the republican race. a cnn polling shows the former house speaker surging to the front of the pack in critical first primary states. we'll be talking about iowa, south carolina, florida all by double digits leads. he is nipping at mitt romney's heels in new hampshire. as gingrich tells wolf blitzer this is quickly becoming a two-man race. >> too early to say that it's yours to lose? >> yeah. well, it's either romney or mine. >> what about the other candidates? >> we're the two frontrunners. it's a fair thing to say without diminishing anybody. both of us have different kinds of strengths, but romney's a very formidable opponent. all right. 's going from governor to inmate. rod blagojevich has 90 days to report to prison. the former illinois governor was sentenced yesterday to 14 years for corruption that included trying to sell president obama's old senate seat. in court blagojevich said he was unbelievably sorry. the judge said the apology came too late. so rod blagojevich just got sentenced to 14 years in prison, but does the time fit the crime? carol costello jieoining us wit today's talk back question. >> 14 years is say long time, right? it's safe to say, suzanne, the judge threw the book at him. 14 years for among other things selling a senate seat for personal political gain. make no mistake, u.s. district judge james zagle made an example of the man of a million hair jokes. >> sentenced to 14 years on former governor blagojevich sends a strong message that the public has had enough and judges have had enough. this needs to stop. >> not many would disagree with that, but 14 years? dr. conrad murray only got four years for causing michael jackson's death. depaul law professor told the "chicago sun times," it's outrageous. it's cruel and unusual punishment. he says, i think it's outrageous. the judge and the prosecution went off the deep end on this one. after all, former congressman and majority leader tom delay appeared on "dancing with the stars" while charges of money laundering swirled around him. congressman randy duke cunningham got eight years for accepting bribes and tax evasion. richard nixon, he got zero time. clearly mr. blagojevich is not happy to be the example the public has had enough. >> we're going to keep fighting on through this adversity and see you soon. >> yet he and many other politicians have violated something that ought to be sacred, your trust. so we want to take the conversation one step further. the talk back question today, should politicians be subject to harsher punishments for wrongdoing? facebook.com/carolcnn. i'll read your comments later this hour. great question, carol. thanks. here's a rundown on some of the stories we are covering. first, a former assistant coach at syracuse university avoids criminal sex abuse charges. now an alleged victim is finding a new way to seek justice. and the families of dozens of women who took this birth control pill say they died because of it. now the company stands accused of hiding evidence. then new jersey's former governor tells congress he doesn't know where the money went. jon corzine forced to talk about the millions of investor dollars that his company lost. later, rare amazing video of a marine fire fight in afghanistan captured by the lens of a marine photographer. >> you hear about people being battle tested. i habe a cohd. yeah, i toog nyguil bud i'm stild stubbed up. 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[ deep breath ] thank you! that's the cold truth! reminder, we are waiting to hear live from zach tomaselli. the 23-year-old is filing a lawsuit in pittsburgh today against bernie fine, the fired syracuse basketball coach. fine molested him, he's saying, at a hotel in pittsburgh back in 2002 when he was a 13-year-old boy. his remarks live when they happen. tomaselli on the right of the screen, one of the three men who have publish publicly accused fine. they claim that they were abused during the '80s when they were syracuse team ball boys. the syracuse district attorney says he can't bring a case against fine. that is because the statute of limitations has expired now for davis and lang. tomaselli's case, not in his jurisdiction. the d.a. does have and does believe that he -- he actually believes their story. he told our gary tuchman that the fooin's former nanny backs up these allegations. >> is it your impression that the nanny is convinced that bernie fine had a sexual relationship with bobby davis while she was at the house? >> no question about it. all kinds of things. she didn't physically witness any mol less station but clearly body language, affect, the way they talked to each other, the way they acted around each other, the conversation she had with laurie fine. there was no question. >> when it came to bernie, what did she say about the way bernie fine acted that made her know. >> the way they would do things, the way they would watch tv, the way they would eat food together, the way they would suddenly disappear together. >> what did laurie fine say to her. >> laurie fine had numerous conversations with her. the gist of the conversations were i don't have the right parts for bernie and clearly indicating you recognize the hearsay implications, but clearly recognizing that laurie fine was of the opinion that bernie fine was gay and that they were leading two separate lives in the same house. >> the nanny that worked there said that laurie fine talked to her, a 16-year-old girl, about she didn't have the parts for her husband? >> you know, it was difficult to listen to, but that's exactly right. >> remember, fine's wife, laurie, discussed her husband in a telephone call. espn says the conversation was secretly recorded by accuser bobby davis back in 2002. fine is heard saying her husband has issues. >> i know some things about you that if you keep pushing are going to be let out. >> that's what i'm saying. >> let him go ahead. let him go ahead. >> they'll take him to prison. >> i think he thinks he's above the law. >> point out that laurie fine claims that that phone call was creatively edited and our senior legal analyst jeffrey toobin is joining us by phone. jeff, first let's focus on zach tomaselli's lawsuit here. what does it tell us? what do we know about his credibility and his story? >> reporter: well, the first thing we know is that his lawyer is jeff anderson who is a very successful, very aggressive lawyer from st. paul, minnesota, who has been -- sued many catholic archdiocese. he is familiar with this area of the law and been successful. this case is in pennsylvania even though the whole focus of the investigation has been syracuse, and that's because there was an allegedly an event that took place, an abuse -- act of abuse took place in pittsburgh and pennsylvania has a much more favorable statute of limitations than new york does so they are in better shape on those legal grounds. tomaselli has a lot of problems. he is, himself, currently being accused of engaging in sexual abuse. he's estranged from his family. some family members have said he's lying about the situation. so obviously it's important for everyone to keep an open mind about what happened here, what's going to happen with this lawsuit, but he's got a very serious lawyer. it's going to be a major issue for syracuse to have to deal with. >> jeff, with the syracuse case, the d.a. can't prosecute fine because of statute of limitations, but what do they do, bobby davis and mark lang? should they bring about a civil lawsuit at this point. >> reporter: well, i can't claim to know every possible avenue, but i think they may be well out of luck if all they have is events that took place allegedly in new york state. they would have no option to bring a case in any other jurisdiction so they may have no criminal or civil remedy because of how much time has passed. >> even though the judge says he believes their stories, that they're credible? >> reporter: that's what statute of limitations is. it is a bar to bringing a case after a certain point even if you can prove your case. a statute of limitations, if it is applied strictly, as it usually is, is that after a certain date even valid claims are extinguished. now the theory behind it is everyone should have a certain period of time. it's just very hard to prove things after a number of years, and the theory of the legal system has been it's unreasonable to expect defendants to be able to come up with explanations for their whereabouts 10, 20 years ago when records have disappeared, witnesses have disappeared. that's the idea behind statute of limitations. that's why cases are simply barred after a certain number of years. >> and, jeff, we should let our audience know that fine's attorneys, they spoke to cnn on wednesday and they said that evidence is going to show that tomaselli's claims, the third person, in their words, are fabricated. we know that tomaselli's lawsuit names bernie fine as the defendant here but they don't go after syracuse university. why not? should they? >> reporter: you know, i don't know all the ins and outs of the legal strategy here. as you point out, it is very important for everyone to remember that, you know, we're dealing here with a swirl of accusations, different plaintiffs all with different stories, and it is entirely possible that coach fine is innocent and that these allegations simply do not take place. tomaselli, davis, any of them. here you have some conflict among the various accusers. it all underlines the fact that accusations aren't proof and we don't know what, if anything, happened in terms of abuse at syracuse. >> all right. jeffrey toobin thank you. we'll follow this very closely. a billion question for jon corzine. lawmakers want to know what happened to his client's money. the former u.s. senator and new jersey governor is on capitol hill to answer for his defunct investment firm. we'll have a live report. forty years ago, he wasn't worried about retirement. he'd yet to hear of mutual funds, iras, or annuities. back then, he had something more important to do. he wasn't focused on his future but fortunately, somebody else was. at usaa we provide retirement solutions for our military, veterans and their families. from investments... to life insurance... to health care options. learn more with our free usaa retirement guide. call 877-242-usaa. the senate failed to confirm president obama's nominee to head the consumer financial protection bureau. president obama is getting ready to make a statement on richard cordray's failed confirmation. i want to bring in a theen in a jones. this is unusual that the president is going to come out to the briefing room and discuss this. this must be pretty significant. >> reporter: this has been something that the white house has been pushing for several days. it's important to mention that they not surprising to mention that it's not unusual that they didn't get it through to the next level of debate. here you have the president just really reiterating how important this is to this obama administration. they have been pushing it for several days. yesterday there were several state attorneys general here also pushing this nomination. back several weeks ago 37 state attorneys general, bipartisan group all around the country sent a ler talking about how richard cordray who was a former state attorney general for owe hue owe, how he's important for the job. you need someone without a leader, the bureau can't do its job which is to help level the playing field between banks and other parts of the financial services industry like mortgage lenders, like pay day lenders, mortgage brokers. the kind of organizations that have at some times hurt ordinary people, hurt middle class families and caused them to, for instance, take out money that they couldn't pay back, loans they couldn't pay back, high interest rates. this is all part of the white house's argument that they are behind protecting the middle class against unsavory practices. they need someone like this in place as the head of this bureau in order to do that. >> why does the senate object to his nomination? what do they say? >> some say this is creating another level of bureaucracy. they're against putting this in place. they believe that the consumer protection bureau has too much power. they said that maybe there should be a committee in charge instead of one person in charge. there are various ideas, but the issue here for the moment is that this nomination is not going forward. the president wants to come out and really put the pressure on, keep the pressure on to try to make this case again so the american people, certainly to the middle class that the white house has their back whereas republicans don't. it's part of the larger theme we've been hearing from the president and the white house the last several days and weeks. >> tell us who this guy is for people who have never heard of him before. what is his background? what is the significance of the president picking him as his nominee? >> well, certainly most recently he was the attorney general for the state of ohio. that's one of the things that they've been focusing on most the last several days is that he has a history of fighting for middle class families. you had, as i mentioned, these 37 states attorney general from around the country, both sides of the aisle, a bipartisan group coming out in support of his credentials. that's really been the focus of the last few days saying that the republicans are not opposed to cordray because he's not qualified. it's political. >> when you talk about the politics of all of this, the president's message, clearly he is trying to move forward, talking about he's fighting for the middle class, dealing with the economic crisis, trying to turn things around. how important is it right now that he gets this nominee through? >> well, it's certainly very important to the white house because it's in line with their larger agenda, which has been their agenda since certainly leading up to the last presidential election. all about fighting for middle class families. this is important. this is one of the chief accomplishments of the presidency, apart from health care. the dodd-frank efforts to reform the financial regulatory system, this is certainly what helped get america into this deep economic crisis. without these reforms and these changes put in place, this administration thinks that you're not going to be able to avoid this kind of problem in the future. it's not just the big banks that are dealing with mortgages and brokers, there are a lot of other lenders. so those also need to be regulated because how interlaced the system is these days. >> okay. thank you very much. obviously going to take the president's remarks as soon as he goes to the podium in the briefing room about this controversial situation that is takings place. trying to push the nominee through and the senate rejecting it looking at the economic impact that will have as well. progresso. it fits! fantastic! 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[ male announcer ] progresso. 40 soups 100 calories or less. . go directly to the white house inside the briefing room. this is where our own brianna keilar is. we are waiting to hear from the president who will be taking the podium to make some remarks. brianna, break this down for us. why is he making this kind of surprise appearance here? what is the significance of this? >> specifically what he'll be pressing for, suzanne, is the importance of the head of the consumer financial protection bureau to be in place. richard cordray, who his nomination failed in the senate. obviously this is a bureau that was created to protect consumers so specifically that's what he's pushing for in response to this vote in the senate that failed. there's a much bigger picture that's going on here and that is that it's not every week that you see president obama come out to the briefing room twice, which is what he's done. we saw him earlier this week. then on wednesday we saw him give a major economic speech in kansas, and now we're seeing him today. this is very significant. he's very much flexing his muscle and really using the bully pulpit in trying to frame a smaller, more specific argument here, but something larger that we are going to be seeing going into the whole next year really framing the argument that will characterize his campaign, and that is a message that he is for the middle class and that it's republicans who are not helping the middle class as much as he is. we heard him earlier this week pushing for the payroll tax cut extension saying that republicans essentially need to get on board and make sure that taxes do not rise. well, at the same time you'll hear repub