nations, will peacekeepers be able to make a cease fire happen? kony part two, the wildly popular documentary just out moments ago. dramatic, empowering, worldly, but in this movie, one key element is missing. mohammed ali and the marlins, why people this morning are still talking about the boxing great's first pitch. cosmo, the magazine known for how to please your man in bed. charges they are putting teens on the cover. your future health care is facing new questions and a new deadline. in just a few hours, government lawyers are due to submit a three-page explanation of exactly what authority the obama administration beliefs the federal courts have. it's an odd request. but more than one federal judge is not happy with what republicans call president obama's bullying of the supreme court over its review of obama care. here's brian todd. >> reporter: a barometer of how high the political stakes are for the president and his opponents on the health care law. a public sparring match between president obama and the courts. on monday, obama says this about the supreme court's review of health care. >> ultimately i'm confident that the supreme court will not take what would be an unprecedented, extraordinary step of overturning a law that was passed by a strong majority of a democratically elected congress. >> reporter: but it's the supreme court's job to decide what's constitutional, what's not. and a federal appeals court judge takes offense with the president. judge jerry smith of the fifth circuit, a reagan appointees argues with the second part of the health care law. he says surely the president's not questioning the supreme court if they strike down laws that they feel are unconstitutional. >> obama care has a consensus in both houses of congress. that has troubled a number of people who have read it as somehow a challenge to the federal courts or to their authority to the appropriateness of the concept of judicial review. and that's not a small matter. >> reporter: and in a strange move, judge smith then demands a three-page, single spaced letter from the justice department on thursday saying what its position is on these cases. attorney general eric holder says they'll respond appropriately. >> i think what the president said a few days ago was appropriate. he says that we obviously respect decisions that courts make under our system of government. >> reporter: the president did later dial back from his initial remarks, saying he's sure the supreme court will exercise it's power carefully, but conservatives still don't like his tone in those first remarkings. >> the president is trying to bully the court here, threatening them that if they don't come down his way, they're going to have the same thing that happened in the state of the union address in 2010, he's going to be calling them activists. >> it's the reverse of intimidation, he's simply making an observation about press definite a precedent. >> reporter: everies every aspe this is extraordinary l. >> brown stein says the courts may not have been able to avoid being drawn into the political fight here. he calls this the most significant piece of democratic legislation since medicare, and it's an election year, the perfect political storm i'm brian todd in washington. >> that three-page explanation due at 3:00 p.m. eastern time. standing before a group of newspaper reporters, romney ridiculed the president's now infamous open mike moment with the russian president. >> president obama's comments to president medvedev are troubling. that incident calls his candor into real question. he doesn't want to share his plans before the election, either with the public or the press. by flexibility, he means that what the american public doesn't know, won't hurt him. his intent is on hiding. you and i are going to have to do the seeking. >> ryan prebus is president of the national republican committee. mr. romney is not mincing words, is mr. romney accusing the president of deliberately misleading the american people? >> either he's misleading the american people or he's so grossly negligent in his promises that he made to the american people, really it's the same thing. what we have right now, is a president who has pursued every one of his political pipe dreams, just imagine what this president would do without any election in front of him. and i think that's really the point. i think the open mike, i was always taught when i grew up that character is what you do when no one is watching. people should be concerned about a president who wants to strike a deal with the russian government without the american people knowing about it. >> for democrats and some republicans, that's an interesting road for mr. romney to travel, because he himself has been accused of saying anything to get elected. here's newt gingrich saying it. >> some people talk about making plans that are in stone, but the romney idea that it's an etch-a-sketch. it really makes you wonder about his sincerity. >> how does romney overcome these kinds of attacks when they're coming from fellow republicans, once we get to the general election? >> obama with stood the attacks of hillary clinton. it's one thing to modify a position that you have over a period of time. but it's another thing to tell the american people that you're going to cut the deficit in hand, you're going to curb spending and you don't even attempt to do it. nancy pelosi couldn't get obama one single vote on his budget. he's the president of the united states, he's got a responsibility here. >> mr. romney is accusing president obama of misleading the american people to get elected. newt gingrich accused romney of the exact same thing. how does he overcome that? >> i would say it's a very big difference and i would imagine even the speaker himself would say it's a very big difference to hold some spokesman's words and pin them on mitt romney as opposed to a president of the united states, sitting with the russian government and telling the russian government when it comes to the security of our country, eastern europe and israel, that, hey, listen, once i get re-elected, we'll worry about cutting a deal together after that. i mean this is ridiculous to even compare the two. he is the president of the united states, he's incapable of leading and fulfilling one of his big promises to the american people, including facing his own piece of serious legislation which will likely be ruled unconstitutional in june. >> let's talk about the economy, because you were saying that president obama doesn't have a plan to turn the economy around. but there are signs the economy is getting better. the private sector added eed 30 jobs in march. now the american people are actually making money on that. you can't say that -- can you really siay that president obama's overall economic plan has been a dismal failure? >> the reality is that the american people don't feel better off today than they did three or four years ago. there are fewer people employed today that were when barack obama took office. he promised the american people two specific things, he promised to get our spending under control. he promised the american people that if the health care bill was passed, unemployment would be under 6%. i would think after three or four years of having a president who promised certain things to the american people, that if you don't fulfill those promises you ought not be rehired for another four years. this is going to come down to a fundamental question, which is if i work hard and play by the rules can i still live the american dream? and i think this president has made that question a little more difficult. >> what one thing will he do that will turn the economy completely around, that will make that unemployment rate go down? what one single most important thing will he do? >> first of all, i'm not speaking for the mitt romney campaign, but i can tell you that all of our candidates believe that we ought to make it easier for small businesses to hire more people, to have less regulation, to have an energy policy that makes sense. if you ask a question, you ought to at least allow the guest to answer. the last regular gags. >> i'm just trying to get you on your talking points. >> i have to answer, right? for one thing, get the spending and debt under control, sign the paul ryan budget plan that the majority of congress has already passed, get our social security and medicare and entitlements under control because those are the biggest drivers of our debt. those things, reducing the burden and taxation on small businesses so they can hire more people, so people can make more money, so that people can live out the american dream, those are just a few things, an energy policy that actually makes sense so that people aren't paying $4 or $5 a gallon which does affect businesses across america. i guess i could go on and on. and by the way, not throw israel under the bus either. >> thanks for joirning us this morning. i appreciate it. minutes ago, jerry sandusky walked into a pennsylvania courtroom. lawyers for the penn state football coach are asking the judge to dismiss the charges. he's accused of molesting 10 boys dating back to the 1990s. this is his latest prison picture when requested by cnn in advance of his parole hearing next week, he's all right been turned down 11 times. we now know whitney houston drowned in extremely hot water and a white powdery substance and a small small spoon were found near here. heart disease and cocaine use was also contributing factors. mississippi lawmakers are -- lawmakers passed a measure requiring doctors who perform abortions to have admitting privileges at a local hospital or be a board certified obstetrician-gynecologi obstetrician-gynecologist. the court dodges what could be a major embarrass. the deal gives michigan official s a say in how to fix the state's -- and the miami marlins new ballpark has hosted just one game, but it is already facing a fan controversy over the appearance of mohammed ali at opening day. >> to make opening night unforgettable, the boxing legend was asked to throw out the first pitch of the game. the ravages of park kin's disease were painfully clear. the twitter field reacted with dismay. john zarrella joins us with more. i have read some of these tweets and some of them are just mean. >> it's pretty brutal out there last night, during the game, after and continuing today. you have to understand, this was a closely guarded secret. very few people, only the inner circle at the marlins knew who was going to throw out that first pitch. in fact all day yesterday, on sports talk road, they were wondering who's going to do it. the marlins don't have a long history. they have been around, what, 20 years if that? so no one knew who was going to be the celebrity to throw out the first pitch. here's some of what's being said on social media, example of tweets. i'm sorry, this doesn't feel right seeing ali like this. another tweet, crowd, this is the part where you keep cheering for ali. this isn't coming off particularly well. and another one, i wonder if ali even knows where he is. ugh, hard to watch, man. in fairness, some people have been tweeting ali made it special, simply the greatest. so there are those that are certainly in support of what the marlins did. and we just looked at the marlins web page and owner jeffrey luria says in part, he was great, he's so strong, i was holding on to his hands and he just about destroyed my hand, he's as strong as he ever was, the disease is debilitating, but he is still the most famous person on the face of the earth. it's a big up for the crowd and for me, that's what it's all about. and luria goes on to same a few other things. certainly the marlins are out this morning defending their decision to bring mohammed ali out to throw out the first pitch. they lost to the defending world series champions the cardinals, and they were no hits through six innings. >> maybe -- going back to mohammed ali, though, we have this image in our minds of this strong, vital person and to see him like this is uncomfortable. but that doesn't mean he shouldn't be throwing out the first pitch at a ball game. it's our discomfort with the disease more than anything else, might be. >> i think a lot of people look back and say, you compare what happened last night to what happened in 1996, the olympics in atlanta, when he lit the torch and what an unbelievable moment that was, and to compare his condition then, which you could still see he was suffering the effects to where he is now, i think that in some way plays into all this as well. >> john zarrella, live in miami, thank you. it's hot off the presses and probably burning up the internet, just moments ago we got the new secret to kony 2012. and a magazine with a singer and actress selena on the cover is sure to attract teenaged reader, but the cover is evoking controversy too. would you want your teen girl to read this kind of stuff? then don't get nickle and dimed by high cost investments and annoying account fees. at e-trade, our free easy-to-use online tools and experienced retirement specialists can help you build a personalized plan. and with our no annual fee iras and a wide range of low cost investments, you can execute the plan you want at a low cost. so meet with us, or go to etrade.com for a great retirement plan with low cost investments. ♪ only hertz gives you a carfirmation. hey, this is challenger. i'll be waiting for you in stall 5. it confirms your reservation and the location your car is in, the moment you land. it's just another way you'll be traveling at the speed of hertz. this reduced sodium soup says it may help lower cholesterol, how does it work? you just have to eat it as part of your heart healthy diet. step 1. eat the soup. all those veggies and beans, that's what may help lower your cholesterol and -- well that's easy [ male announcer ] progresso. you gotta taste this soup. ♪ na, na-na, na [ men ] ♪ hey, hey, hey ♪ goodbye [ flushing ] ♪ [ both ] ♪ na, na... [ woman ] ♪ na, na-na, na [ men ] ♪ hey, hey, hey ♪ good-bye [ male announcer ] with kohler's powerful, high-efficiency toilets. flush. and done. [ all ] ♪ hey, hey, hey ♪ good-bye just about an hour ago, a new video hit the internet. it's targeting a ugandan war lord. in the next hour, we're going to talk to the man behind the campaign. he wants to capture joseph kony and end his reign of terror. >> for 26 years kony has been kidnapping children into his rebel group, the lra. turning the girls into sex slaves. and the boys into child soldiers. he makes them mutilate people's faces and he forces them to kill their own parents. >> that is part one, cnn's aral burnett in is uganda. >> reporter: corning, carol, people here are -- more than 100 million people have viewed it around the world. but there was massive international criticism leveed against individual children for a number of factors, first they said the group oversimplified the army, where they are. they criticized a group selling wristbands and t shirts promoting kony 2012. and one of their very visible directors had a psychotic breakdown and was taped seminaked screaming. this response video aims to address all of those claims. and we have been looking at the video today and i can show you, one of the thing they do, they better explain where joseph kony is, north uganda, the south sudan, or in african republic. they quantify how many people are in his force, and it's just a few hundred. promoting things like flyers allowing people to escape from joseph kony's army. >> we wanted to reach out to the lra directly. >> it gives them hope, the wife of joseph kony felt it because she -- >> i will try to escape. whatever kony says, i will try to escape. >> even with all the criticism and the controversy, they also implicate the prosecutor of the international court saying it's possible to capture kony, he support this is campaign and he's actually doing something positive. what's happening on the ground? the african union has already committed 5,000 troops in march to capture joseph kony or neutralize him. and -- effort with their forces as well. so there is movement here on the ground as people aim to capture joseph kony, but still children need to be shown this video because of the massive criticism against them. >> the video is working now. also about an hour ago, i'm going to talk to the ceo of invisible children, the charity behind the kony 2012 campaign. that will come your way at 1:20 eastern. ska i'm consolidating my assets. i'm not paying hidden fees or high commissions. i'm making the most of my money. and seven-dollar trades are just the start. i'm with scottrade. i'm with scottrade. i'm with scottrade. and i'm loving every minute of it. [ rodger riney ] at scottrade, we give you commission-free etfs, no-fee iras and more. come see why more investors are saying... i'm with scottrade. on december 21st polar shifts will reverse the earth's gravitational pull and hurtle us all into space. which would render retirement planning unnecessary. but say the sun rises on december 22nd, and you still need to retire. td ameritrade's investment consultants can help you build a plan that fits your life. we'll even throw in up to $600 when you open a new account or roll over an old 401(k). so who's in control now, mayans? checking stories across country now, america's famous sheriff, the justice department is going to sue joe arrest pie owe. we're seeihearing new audio froe trayvon martin shooting. it sounds as though george zimmerman used a curse word. but it's still not clear whether he used a racial slur. a jetblue pilot who had a meltdown on a flight last week is undergoing evaluation. he ran through the plane screaming about religion and terrorists. now is your chance to talk back on one of the big stories of the day, the question this morning, why was it controversial for mohammed ali to deliver the first pitch? it was the start of the baseball season, a time of new beginning, it was a sellout crowd, it was supposed to be a special moment, an american icon throwing out the first pitch. but it didn't turn out that way, boxi ining legend mohammed ali t first fans cheered, but suddenly there was a hush inside the stadium. it was a far cry from ali's triumphant torchlighting and from his glory days when he was the greater. marlins fans and some commentators tweeted their concern. this one from ken rosenthal. i'm sorry but this doesn't feel right seeing ali like this. whoever's in charge of mohammed ali needs to be arrested. can't believe they brought him out on the field. please stop. i wonder if ali even knows where he is. ugh. fans either loveded it or said it was extremely depressions. the local papers found it inspiring, mohammed ali helps make florida marlins first game successful. stories we're watching right now on the newsroom, today there is a noon deadline regarding your future health care and the power of the federal courts, government lawyers will have to answer critical questions on whether federal courts strike down some or all of obama care if they nodeem the law unconstitutional. lawyers for the former penn state assistant football coach are asking the judge to dismiss his child sex abuse charges, in all there are 52 counts alleging sandusky committed sexual acts with young boys dating back to the mid '90s. and the maryland lottery will hold a news conference this afternoon and we may finally learn who won the $556 million ticket. still ahead, feeling richer? the fed said your investment in the nice's banks has raked in a billion dollar profit and rising. christine romans will join us to explain. we always hear about jobs leaving america. here's a chance to create jobs in america. oil sands projects,