"early start." and it is very early, i'm ashleigh banfield. >> and i'm zoraida sambolin. we are bringing you the news from "a" to "z." we're happy you're joining us this morning. it's 5:00 a.m. in the east. let's get started. the taliban claiming they poisoned food at a base in afghanistan. we have explosions and car bombs and the u.s. is pulling out more americans working in afghanistan. >> and it's one of those questions you have when you wake up. did gas prices go up again while you were sleeping? well, guess what? $6 gas is already a reality and is it in the place where you live? we'll let you know. and the political roller coaster continues. first the surge, now the slip. a new poll shows rick santorum falling behind mitt romney again. one day now before michigan and arizona, the primaries there. the candidate says he is tweaking his strategy on the trail now. >> if you watch any kind of red carpet, this was a moment to behold. oh, my lord, you didn't. the whole question, who are you wearing? ryan seacrest apparently wearing kim jong-il's ashes. it's a joke, trust me. look at ryan seacrest's face. >> i don't think he thought it was such a good joke. >> i don't think he thinks it's funny. look at security, too. we'll get to the bottom of that in just a moment. the slow-mo shows it all. oh, my lord. >> how did he get to do that in first place? we'll get you up on what happened oscar-wise as well. deadly suicide bombing overnight in afghanistan. in an apparent attempt by the taliban to poison the food of nato troops. we have this information confirmed now. the food contaminated at forward operating base near the afghanistan/pakistan border. this is what they found, traces of bleach in the fruit and in the coffee. luckily, no one was hurt. nobody's been sickened. there is a full investigation under way at this hour. >> also overnight, there was a suicide car bomb apparently nine people killed at this point, 12 injured. we're watching to see if those numbers changed that happened at the gates of jalalabad airport in eastern afghanistan. no americans at this point among the victims. but the taliban is weighing in on this and saying this is all about those koran burnings at bagram air base last week. nick peyton walsh is live from his post in kabul, afghanistan this morning. let's start with the breaking news, the contamination of the food at torkim. how bad is this, nick? >> reporter: i think it would scare some peoplep this they don't know if it was definitely a poisoning. an afghan worker went to his bosses and said, look, i found something in the food. it appears to have been chlorine bleach in the coffee and the fruit. that caused that particular dining facility to be closed. the troops there, they're all eating preprepared rations that come out of packages. at this particular point they're investigating how this could have happened. the taliban swift to come forward, saying this was a cook acting from outrage over the koran burning and five americans were killed. that's not true. >> a gunman getting in the interior ministry, signing himself in, getting his weapon and opening fire on two of our soldiers, one a colonel, another a major. how bad is the potential for infiltration now among all of our troops, all nato isaf troops? and what are they going to be doing about it? >> the fear is a new level, ashleigh, at this point. we're seen instances in which afghan soldiers have turned their weapons on the weapons or personnel training them. that's normally in the field, on bases, on patrol or outposts. this particular interior ministry instance is particularly troubling for many american soldiers. it was supposed to be such a secure place, a command and control facility inside a secure ministry. people wondering how on earth did that happen? how did the gunman's timing in pakistan linked to extremist groups, how did that go unnoticed? with this and the claims of poisoning today there could be further suspicions of these afghan soldiers who americans are supposed to work with that could harm that vital trust they need to keep the job going here. ashleigh? >> nick peyton walsh, live from kabul this morning. thank you for that. secretary of state hillary clinton says the koran burning that sparked a week of violence in afghanistan is deeply regrettable. but things have gotten out of hand and it needs to stop. that's what she's saying. clinton speak to cnn foreign affairs reporter yesterday. she says republican candidates have no business for bashing obama for apologizing over the koran burning. >> i well remember during the eight years of president bush's administration when something happened that was regrettable, unintentional as this incident was, president bush was quick to say, look, we're sorry about this. this is something that we obviously did not mean to do. that's all that president obama was doing. >> we have much more of the interview with secretary of state hillary clinton in the 6:00 a.m. hour of "early start." we are minding your business this morning at six minutes past 5:00 a.m. on the east coast. and this just in. it happened again. as you were sleeping, gas prices jumped again, this time just a penny though in the last 24 hours. it doesn't sound like much but it is unfortunate because it just keeps happening. the national average is $3.70. gas prices have been rising for the past 20 days in a row. they're up more than 10% since just the start of this year. >> alison kosik is here in for christine romans this morning. the national averagen is as telling as the break down of gas prices state by state. tell us about that. >> when you put the average in you can't really understand how it affects you. we have a map that shows state by state, you know, what you're paying. clearly, you know, if you're on the west coast, if you're in the northeast, you're really feeling the sting. first of all, gas prices are going up because oil prices are going up because of tensions with iran, the improving economy because the expectation is the banned is going to increase. if you return to another map and show by region, depending on what your income is, that really makes you understand that sticker shock. depending on how much you take in and put out in paying for filling up your car. if you live in montana, the dakotas, you're paying about 10% of your income to fill up your gas tank. the situation actually is much more in mississippi where drivers pay almost 12% of their income. that's how much is going in to filling up your gas tank because the median income is just under $38,000. it illustrates how difficult it is state by state, if you're not making as much money how much it really hurts. i know we sound like broken records tracking the gas prices but people really feel it in their wallet. >> everybody on the campaign trail, at least the republicans on campaign trail have been getting on president obama. most economists will say the president can't really mac a difference. what about the salt caverns with that huge reserve? is that possible if there were, you no he, barrels released, would it make a difference in our gas prices? >> many analysts say it really wouldn't. it releases a certain amount of oil into the economy but you know what, if you want to make a difference andtry and tweak how much you pay, i want to give helpful information to people who are watching. go to the aaa website. you can break it down in your neighborhood, where you can find the cheapest gas in your neighborhood. also if you're taking a trip. this is useful, too, go to fuelgaugereport.com. if you're taking a trip from "a" to "b," you can track your trip "a" to "b" and figure out where along that route you can go and get the cheapest gas. at this point, you know, we know why it's happening. tensions in iran, the improving economy. all right. we know this is a certainty at least in the short term. gas prils are going to go up. can we control how much we spend? those websites are helpful. >> i was driving around trying to find the cheapest gas. i thought, this is dumb. >> don't drive around. these are helpful websites. >> that's very smart. alison kosik, we appreciate it. >> we could solve world peace. that would do wonders. nine minutes past the hour. we tell you the stories you will be talking about tonight. new explosions overnight in the city of homs in syria. the results of the syrian referendum on a new constitution are expected today. the u.s. already calling the vote a phony sham men the to justify the government's bloody crackdown there. >> it's the last full day of campaigning before you guessed it, two more key primaries in mitt romney's home state of michigan and in arizona as well. romney and rick santorum and ron paul will be in michigan today. >> and for the first time in the 54-year history of the daytona 500, the race will be run on a monday. rain postponed yesterday's race. it was rescheduled for noon today but guess what, the forecast is calling for more rain. race officials say they are prepared to wait all day if they need to. they're ready to race under the lights if necessary. you know rick santorum is sponsoring a car there? >> i saw that. >> he made a surprise visit yesterday. too bad he didn't get to see them run. >> wow, that's a weird place to be in florida when that race was already determined. if you're trying to off set what it's like to have rick santorum's name on one of the nascars, you go and visit. 54 years it hasn't been rained out? that's remarkable. >> they say they're going to go through it all night, even if they have to race under the lights. >> do you know what the weather is like there today? >> they may be racing on a tuesday at this point. you know, there's a reason they have it in florida, daytona in february, because weather typically, you know, is pretty nice. bright sunshine, dry air. it's not really the rainy season. a bit of bad luck, disturbance, boundary right over daytona. this is the batch of moisture coming in right now. it may lighten up later in the day. it's still light but it's a nuisance sort of rain. if the track was just 50 miles to the south of where it is, which is right there, you can see, this line hasn't changed much in the past 24 hours, if it was down closer to say, cape canaveral, it wouldn't have been a problem. it is where it is. as you can see on the radar, there's more rain that will be annoying them throughout the day today, especially just to the north. if you are traveling via plane versus a race car, orlando, some rain today. detroit, phoenix, showers new orleans, chilly temperatures in los angeles. there's a decent storm beginning to move into california. we have a series of strong storms that will continue to hit the west coast and make their way through the mountains. the next one will cause blizzard conditions potentially across parts of the high plains. this one will take more of a western great lakes track. 55 degrees, the high temperature in new york, 53 in d.c., 59 in atlanta. we certainly hope they get her done in daytona this afternoon. >> get her done. nice reference. that's awesome. wow. i have a new appreciation for you. >> i'm a big nascar fan. >> good for you. >> thank you, rob. >> thanks. big throwback night if you were watching the oscars. >> a silent movie dominate and billy crystal returned to save the show. >> reporter: it was a night of cheers, tears, laughter and memories. the 84th annual academy awards have come to an end and for a few lucky winners their lives have been changed forever. >> oscar goes to at the artist". >> reporter: it proved to be the sideline the film that could, winning the best picture, best director, and best actor for desjardins who gave a one-two punch to george clooney and brad pitt in that category. as for supporting actor, no one could knock out 82-year-old christopher plummer. he was favored to win and he did. "the help" came in with three, three acting contenders but left with one winner, the supporting actress gold going to octavia spencer. as for viola davis, she may have racked up a shelf full of awards this season but in the end, 17-time oscar nominee meryl streep became a three-time oscar winner for her work in "the iron lady." >> oh, my god. >> reporter: from the iron lady to the goldman, oscar has once again changed lives and entertained millions. c kareem winter, cnn. i'm shocked she's been nominated 17 times but only won 3. >> she's incredible. >> the moment everyone is talking that happened before the show. >> the interesting thing is, actually -- we dropped kim jong-il on you. wait a minute. we have to clean this up. it's okay for you. if somebody asks you what you are wearing, you will say kim jong-il. >> have fun this evening. >> good gracious. this is what sasha baren cohen dressed as the dictator dumped an urn all over ryan seacrest's tux. they claimed they were kim jong-il's ashes. he looked upset. he tried to go to break. "e!" milked it for everything it was worth. seacrest had to do interviews with kim jong-il all over him. he could actually press charges for that stunt. >> when anybody asks you what you're wearing, you say kim jong-il. all right, borat, you are my newest hero again today. the twitter universe was buzzing about j. lo. did you see it? >> i didn't understand. >> when you get the slipperoo and the dress is cut a little low, hello, fuzz did i. >> that's because there is a claim there's been another wardrobe malfunction. >> you can't see anything. >> who saw it? >> i don't know. her stylist, jennifer lopez's stylest says the dress fit perfectly every inch and there was no slip. no slip. there was no slip. i'm not sure if she meant nip slip or an undergarment slip. >> if we all can please think back to this, the 2000 grammys when everybody, including matt lauer was absolutely aghast. is this when the gentleman on her right was named puff daddy? i don't think it was p. diddy at the time. >> there was no wardrobe malfunction, right? that was just -- >> just a special dress, less than a bikini. >> she never fails to surprise with fashion, does she? or to create a bit of a buzz. >> 16 minutes past the hour here. time to check the stories making news this morning. >> we have a big one coming out of afghanistan. the taliban is taking responsibility for a suicide car bombing overnature at the gates of jalalabad's airport in afghanistan. nine people killed. none of them americans at this point we can tell you. nato forces are also reporting another bizarre finding. traces of chlorine bleach in their fruit and in their coffee. luckily, no one got sick but, again, taliban weighing in and claiming responsibility for that little move, too. some tragic new details in the death of american journalist marie colvin in syria. the sunday times" is revealing she died while trying to get her shoes. she was in a makeshift press office under siege by the syrian army and was following the local custom of taking your shoes off before you enter a building. and rising gas prices, just won't let up. today's national -- latest national average, a penny more than when you went to sleep. this morning it's $3.70 a gallon. they've been rising, if you're counting, for 20 straight days in a row. americans in parts of california, alaska and hawaii are now paying more than $4 a gallon. and a couple of states aren't far behind that $4 mark at this point. a train flipped off the tracks, killing 3 railway workers and injuring 45 passengers. a train was traveling from niagara falls, derailing just west toronto. this was on sun. officials are investigating to see what happened there. cnn has learned rick santorum will be getting secret service protection, that is beginning this week. right now mitt romney is the only republican candidate who has been granted protection. the source says newt gingrich has requested secret service protection and is now waiting for a response. this one is from the medical miracles file. still ahead, scientists have used stem cells to grow human eggs. does this mean that there is a new horizon for fertility treatments? or is this just something that is so far off on the horizon it won't affect anyone alive now? a world war ii vet is car jacked in detroit. an 86-year-old man crawling, trying to get some help. everybody ignoring him. he was headed back from bible study. we're going it tell you so much more about this -- >> people walking right by him. >> you're watching "early start." that's why there's new glucerna hunger smart shakes. they have carb steady, with carbs that digest slowly to help minimize blood sugar spikes. 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[ male announcer ] good choice business pro. good choice. are you still sleeping? just wanted to check and make sure that we were on schedule. the first technology of its kind... mom and dad, i have great news. is now providing answers families need. siemens. answers. good morning to you. it is 28 minutes past 5:00 in the east. welcome back to "early start," i'm ashleigh banfield. >> and i'm zoraida sambolin. it's time to check the stories making news this morning. there is no letup to the violence in afghanistan. the taliban claiming responsibility for a suicide car bombing at the gates of jalalabad airport. nine people were killed there overnight. the taliban also claiming to be behind the poisoning of food at a military dining facility near the afghanistan/pakistan border. >> pakistan has finished bulldozing the house in abbottabad where osama bin laden was killed by u.s. special forces. only the wall of the compound remains now. no one is being allowed inside. and unfortunately gas prices rising for the 20th day in a row now. the national average now $3.70 a gallon. parts of california, alaska and hawaii seeing more than $4 a gallon. wikileaks is at it again. the website started releasing millions of e-mails from the private global intelligence company call ed stratfer. could be controversial. the black and white silent film "the artist" wins five oscars, including best picture, best director and best actor. also martin scorsese "hugo" tied with five awards. let's switch to politics here with arizona and michigan holding primaries tomorrow. a new national poll shows support for rick santorum may be slipping. latest gallup daily tracking point, romney gains 5 points and leads 31% to 29% among registered republicans. this is a still a statistical tie. cnn political editor paul steinhauser, lenny mccallister and from washington, democratic strategist jamie harrison joining us this morning. thanks, guys. paul i'll start with you. you are our number cruncher. i know you're excited about this. we've been talking about the santorum surge. you saw the poll. he's dropped seven points in a week. what do you think is causing this? >> anumber of things. maybe he hoped michigan and arizona would have voted a week ago. a couple things, carp bombing from the romney campaign, especially in michigan but elsewhere the in country. a lot of negative ads from the super pac going up against santorum. his debate performance may be contributing. a couple of things there may be contributing. the crucial numbers, of course, michigan and arizona. where are the polls in those two sta states? it's pretty much dead even. you pick the poll. >> do you think his comments on women or faith caused some of that drop? >> it's interesting, too, you welcome at his numbers on women, his favorable numbers on women and he's doing better now than he was two or three weeks ago. it's just the opposite of what you would think, zoraida. >> lenny, you got all atwitter over something that santorum said. let's listen in and we'll talk about it. >> we have an opportunity here in america in this election to go across this country and talk to minority communities, not about giving them more food stamps and government dependency but creating jobs they can participate in and rise in society. >> sounds like something newt gingrich has said in the past. but on twitter you said i will surely talk about this with zoraida and ashley on "early start." here is your opportunity, mr. lenny mccallister. tell us what you think. >> what i think is, rick santorum does a great job when it comes to social commentary but the same things that work in social commentary with the tea party group with hard core conservatives in talking about getting off of the democratic plantation when it kols to black voters is horrible presidential political messaging. and that's the buzz saw that he's running into. this is less about mitt romney and more about rick santorum saying things that are great when talking to conservatives, horrible when talking to conservative voters. and that more than anything else in addition to the debate performance on wednesday, is causing the drop. people understand where he's trying to go with what he's saying. when it comes to messaging, things that get captured in 30-second sound bites it's a horrible thing to say and they're not the type of ideas you're trying to project as a presidential candidate. >> specifically to minority groups. >> yes. it's a horrible situation because you're trying to say that i want to be part of the solution making to help bring you back into the american fold. if you're not messaging it correctly, people hear more divisiveness than they hear unity. that's what rick santorum is spurn is right now. >> jamie, you want to stay on santorum? >> yes, listen -- >> i have more. let's listen and then we'll chat. >> what kind of country do we live in that says only people of nonfaith can come in the public square and make their case. that makes me throw up. now we're going to turn around and say we're going to impose our values from the government on people of faith which, of course, is the next logical step when people of faith, at least according to john kennedy, have no role in the public square. >> something else he said, there's no evidence at all he wants to impose his religious beliefs on the country. you're a democrat. based on your tweets i believe you're also a man of faith. how do you spend? >> watching these guys is like watching the amateur hour at the apollo. it's just gaffe after gaffe. and they're ostracizing more people than they're trying to bring in. right now is what we need is inspiration, a resurgence of hope. and as a man of faith, you know, it's not about division. it's about bringing people together. i don't think santorum or romney or gingrich have done a great job of doing that. they haven't been inspirational at all. >> all right. i'm going to end, i think, on a lighter note today. it's my final question. you have to follow my rules. i don't know if this is a lighter mood. president obama and the candidates have all been talking about how they deal with dictators. did you watch the oscars last night? sasha baron cohen played his character from the upcoming movie. he spilled ashes all over ryan seacrest as we're seeing right there. one word answer, gentlemen, funny or classless? paul? i'll start with you. >> funny. >> lenny? >> i'll go with funny. >> and jamie? >> i'll go for the trifecta, funny. >> 3 for 3. thank you, gentlemen. see you back in the next hour. >> thanks, zoraida. >> later in this hour, we'll be joined by douglas mckenyon. he went from welfare to the white house. we'll ask the former government official turned author if the republicans are taking the wrong approach on poverty. and then tomorrow night, cnn's live coverage of the arizona and michigan primaries begins at 6:00 p.m. eastern with a special edition of "john king usa" followed by live coverage of the primary results with the best political team on television at 7:00 p.m. eastern. still ahead, we have more details, brand new details about marie colvin's final moments before she was killed in that bombing in syria. the move that may have called her her life. and the bill requiring ultrasound before abortion in one stage gets an unusual response from the governor there, like didn't know about that bill. need to read it before i kmen. but it's been in the news for a while. what's the story? 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[ male announcer ] progresso. you gotta taste this soup. welcome back to "early start." deadly rocket attacks pounding syria as the country awaits say vote to change its constitution. the result are expected today. meantime, the city of homs remains under siege. take a look at those pictures, shelling, laying waste to streets. the opposition says 55 people were killed yesterday. >> we have tragic new details on death of american journalist marie colvin. she was apparently killed while trying to grab her shoes and run from the shelling attack. michael holmes is with us live in beirut in the adjacent country. michael, this is one of those things that stands out because marie colvin died doing something in honor of customs in that country. >> reporter: yes, as you know, ashleigh, when you go into a house in most arab countries you take your shoes off. and then go about in your socks or bare feet in the house. this is what maniry and the others. >> reporter: doing in that media center house last wednesday. when the shelling started, the top couple of floors were hit. they then feared the building was actually specifically being targeted. this is all according to her newspaper, "the sunday times." they ran downstairs to get their shoes which you always put near the front door, in order to get ready to escape the building. as she was down there getting the shoes parentally, that's when another shell hit, pretty much right at the front door. she and the photographer were killed. yes, observing a custom. ashleigh? >> let's move on to one of the more bizarre moves of this regime. bashar al assad has held a constitutional referendum, this as entire cities are under siege. and saying that the turnout was high except for a few places, and the referendum essentially is to try to maybe pay lip service to the idea that while the ruling baath party has virtually held a strangle hold in that country, he's opening it up to a multiparty system. what was this referendum all about and how was it worded, if anyone was able to get to the polls at all? >> that was one of the headlines. when you read the fine print of it, it actually says that if you're a religious party or a political party from a minority, you actually have to ask for permission, have that party approved. look at the muslim brotherhood which is on the ascendency, of course, in the middle east, or perhaps a kurdish group within syria who wanted to become one of those parties. they have to ask the government for permission first. do you think they're going to get it? well, who knows. that was one of major points. the other one was that the president could only hold two consecutive seven-year terms. well, bashar al assad is not up for re-election in 2014. in theory if he then wins then he could go another 14 years. he could be in power until 2026. the opposition, of course, calls this a sham. so do the activists inside places like homs. they say he hasn't abided by the current constitution, why would he abide by this one. >> definitely let me know if they get the voter turnout numbers in dara and holmes and hama and all those cities under siege. michael, thanks very much. appreciate it. 43 minutes past the hour here. still ahead, tough talk from north korea, says it is ready to go to war with the united states and south korea. and history being made at daytona. not because of who won or who lost. because of who couldn't win or who couldn't lose. except for mother nature let's just say. so we'll let you know whether it's a go, possibly for today. you're watching "early start." early stages of cancer and it's something that we're extremely proud of. you see someone who is saved because of this technology, you know that the things that you do in your life, matter. if i did have an opportunity to meet a cancer survivor, i'm sure i could take something positive away from that. 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[ male announcer ] ducati knows it's better for xerox to manage their global publications. so they can focus on building amazing bikes. with xerox, you're ready for real business. it is 47 minutes past 5:00 on the east coast, which is very early no matter how you slice it, west coast, east coast, it's real early. taliban says it is behind a suicide car bombing at the gates of the jalalabad airport in eastern afghanistan. nine people were killed there, none of them americans. the taliban says the attack is revenge for last week's koran burning at a u.s. base. and gas prices jump again. this is now the 20th day in a row. i know you're feeling it. the price at the pump now $3.70 a gallon. that's a penny more than yesterday. the nation's highest price in hawaii where the average is $4.32. and north korea says it is ready to go to war with the united states and south korea. north korea furious over joint military drills the u.s. and south korea are holding this morning. recent diplomat talks between the u.s. and north korea generated very little process. >> back here at home, the alabama senate is starting to debate a bill tomorrow that would require women to undergo an ultrasound before receiving an abortion. this is the governor and he's standing at a podium but he says he just learned about this bill and hasn't studied it yet, so he's not prepared to say whether he supports it or not. strangely, though, it's been in the news for over a week. the sideline the movie is the talk of tinseltown. it is "the artist." they walked away with best picture, best director and best actor. "hugo" also got five academy awards. rain, rain go away be let daytona have its day, maybe today, maybe tomorrow. the daytona 500 will be held today, hopefully, if the weather permits. it's the first time the race will be held on a monday in its 54-year history after rain washed them out yesterday. rob marciano is tracking that in atlanta. he says it does not look good. >> could be tuesday. surprising. 5:49 in the east. still ahead, critics saying poverty is an invisible issue with the gop. we'll take an inside look at a republican stance on poverty from a man who knows a lot about it. he went from welfare to the white house. and hillary clinton is weighing in on what's going on in afghanistan. outrage, how to stop it and why there should be no apology for our president's apology. wonder how that's going to play? you're watching "early start." is it fast? it's got a lightning bolt on it, doesn't it? ♪ is it fast? i don't even know if it's street legal. ♪ is it safe? oh ya, it's a volkswagen. 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[ male announcer ] want great taste and whole grain oats that can help lower cholesterol? honey nut cheerios. will be giving away passafree copiesl? of the alcoholism & addiction cure. to get yours, go to ssagesmalibubook.com. it is 5:52 here in the east. welcome back to "early start." poverty is an invisible issue in the gop race. this remark by mitt romney right here on cnn set off a wave of outrage. >> i'm not concerned about the very poor, we have a safety net there. if it needs repair, i'll fix it. >> douglas mckenna knows all about the very poor, a child of alcoholics on welfare, he rose to become an aide to president reagan and g.w. bush. he tells a personal story while focusing on poverty as a political issue in his book. good morning. i want to start with that romney comment since we played it. how did you feel about that? >> i was bother by it. i was offended. it was inarticulate for governor romney to say that. anybody who grew up in poverty, especially abject poverty, there is no safety net. what's happening on both sides of the aisle, so much politicians are pandering to the subject every two or four years for obvious reasons. in reality they don't understand the issue because most of them have never come from it, never seen it, never touched it and ultimately never will. that's the saddest thing of all for the poor of america. >> it's interesting because you have both perspectives, right? growing up poor and being a republican insider. you now describe yourself as an independent conservative. what is the biggest mistake you think republicans are making when it comes to the poor in america? >> well, i think sort of some of things you had in the earlier segment where they make stereotypical statements, not really understanding the issue. for republicans if they want to grow the party, survive, they have to reach out to the poor, they have to reach out to minority america. they have to start listening to the poor. again, that applies to both sides for sure. republicans unfortunately have a label of being more tone deaf on this issue. many times they have been, obviously. it's incumbent upon them as americans to reach out to this segment of society because this segment of society is paying higher and higher price every single day. >> sometimes it's hard to reach out to that segment, right? and really choose your words carefully. i'm going to play something that gingrich said, newt gingrich said and i want you to respond to it. >> really poor children in really poor neighborhoods have no habits of working. and have nobody around them who works. so they have no habit of showing up on monday. they have no habit of staying all day. they have no habit of i do this and you give me cash. unless it's illegal. >> you used the word ignore and the to describe what newt gingrich said. what do you think was ignorant about that? >> well, it was ignorant across the board. he just doesn't understand. where i grew up, by the time i was 17, i moved 34 times, many times i lived in desperately poor neighborhoods. what i saw time and time again was single moms, many times single minority moms who would go out and work two, three, four jobs, do the right thing every single day, sacrifice everything for their children, every single day. they were the role models, the role models. this is the thing, whether it's newt gingrich, barack obama, anybody else, you have to find these people, find these women and put them on a pedestal and honor their sacrifice. >> do you think there was any truth in what he said? >> i don't. i really don't. again, those examples exist. but if he's never in those neighborhoods, never exposed to that society, he's never going to see those examples. people have to get into this, understand it and start listening to the desperately poor of our country. >> mr. mckinnon, you were a rick perry supporter. now you say you're cautiously backing newt gingrich. why do you think he's the best choice, given some of the statements he makes? >> again, i think ultimately out of the four, he's trying to understand the issue of poverty better than any of them. i'm honestly disappointed with the entire republican slate to tell you the truth. regardless, i think he's at least more open to listening to the issue to try and find some solutions, even if unfortunately, he does say ignorant and silly things from time to time. >> we know that poverty, not race, right, is a common denominator and a lack of education and moving forward in this country. what made the difference for you? if somebody is watching and says be you know what, i want to be like him. >> a lot of it was, was a few relatives that took the time and recognized what my family was going through, what my brother and sister and i was going through, and took the time and tried to help us, whether for an aft afternoon or a day. we can solve it one-on-one. i guarantee most americans have somebody in their own family who is going through tough times, in their own neighborhood. we all know folks that are going through it. let's try to tackle it one person at a time. you see the results will start to change. >> former white house pentagon official. thanks for joining me. >> thank you for having me. still ahead, trevenge for te mistaken burning of the holy book. are they poisoning soldiers' food now? you won't believe the latest report out of that country. you're watching "early start." 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[ male announcer ] the capital one cash rewards card. the card for people who want 50% more cash. ♪ what's in your wallet? ♪ what's in your...your... good morning to you. welcome to "early start." i'm zoraida sambolin. >> i'm ashleigh banfield. we're bring you the news from "a" to "z." it's 6:01. let's get you started on the top stories. this one out of afghanistan. the taliban claiming they poisoned food at a military base in afghanistan. they say it's revenge burning of the holy books of their muslim holy books on our base over there. also some brand new explosions, car bombs, sending advisers running for their lives. and a colonel and a major, americans, shot dead by an infiltrator, as well. and you probably noticed this, gas prices surging again. this happened overnight. it is not a supply problem, however. why tapping the reserves may t not make our lives any cheaper, like they did last time, actually. and first the surge, now the slip. that's how it goes on the roller coaster called the primary season. new poll has shown that rick santorum is falling behind mitt romney once again. this is all one day before the big kahunas, michigan and arizona. so the candidate is tweaking his strategy and releasing some interesting pros in the newspaper. did you watch the at skers? this was a moment the oscars turned ryan seacrest as red as the red carpet. pretty shocked by that moment, actually. >> i think so. i'm wondering if security could have gotten to him sooner. two minutes past 6:00 on the east coast. up first, dangerous and deadly developments in afghanistan. while you were sleeping suicide car bomber killing nine people and then word that apparent at terntd by the taliban to poison the food of nato troops stationed there. it's been confirmed. the food was con a dated at the operating place on the border of afghanistan and pakistan. there were traces of bleach found on fruit and in the coffee. luckily though, no one was hurt and no one was sickened. now troops are eating all of those prescreened meals like mres to stay safe. overnight, suicide car bomber kills nine, injuries 12 others. happened at the gates of eastern afghanistan. no americans are among the victims. the taliban says it is in retaliation of the koran burning. barbara starr is live at the pentagon with the details. i got something that you we this morning. this is an unconfirmed source. it says, we're not going to settle for what has happened to our troops in recent days. what does that mean? >> well, let me clarify, zoraida. perhaps not an unconfirmed source but this is a source, top-level official directly involved in what is going on. access to the latest intelligence not yet willing to cross the diplomatic line into speak publicly. what he says is, look, there is a trust problem here that has got to be resolved. the feeling on the part of the obama administration is that the karzai government simply has not done enough in these days to restrain the violence, to get control on it, and to get these things moving forward. the feeling is the karzai government needs to step up in afghanistan, improve security at the ministries. u.s. advisers will not go back until afghan can demonstrate the ministries are secure. and for the karzai government to stop the violence in the streets. even secretary of state hillary clinton has said it's gotten out of hand and it needs to stop. so is trust shattered now? that's really the question on the table, zoraida. >> so then what is the next step now? >> well, to tet security back under control and for karzai to demonstrate to the u.s. military and military commanders to president obama that he can get some control on this situation. you know, when you talk about trust, it exists now -- the problem is on so many levels. trust between the u.s. and afghan government, trust between elements of the afghan security services and the u.s. military. and for u.s. troops to really feel that, you know, they have enough trust that they can continue to do their job. if this goes any further, if it explodes further, it can become a political situation here at home in the presidential campaign. and it becomes a cries snsis ins of military families, worried their loved ones, as dangerous as the war zone is, is facing dangers from within. >> barbara starr live at the pentagon for us. five minutes past 6:00. syria awaits the results of a vote on its constitution. more about that in a moment. but protesters are gathering in the streets of damascus, ral i willing against syria's president bashar al-assad. the results of that referendum are expected to be released today. but the critics say, what a joke. nobody can actually get to the polls. not nobody, but a lot of people can't. the opposition now is saying that at least four people were killed this morning and the eu is expecting to discuss sanctions against syria. some tragic details in the death of american journalist marie colvin in syria. apparently she was killed while trying to grab her shoes and run from the shelling attack. syrian army reportedly targeted that makeshift press office. colvin was just following local traditions and customs of removing your shoes upon entering the building. rockets reportedly landed just a few yards away from where she was trying to get those shoes. >> very sad detail emerging there. all right. six minutes past the hour. gas prices are surging for the 20th day in a row now. national average, $3.70 a gallon. some parts of the united states are seeing more than $4 a gal lor lon. lawmakers are urging president obama to tap the oil reserves. but relief may not be that simple. talking to dan lothian a little bit later in the hour about iran's influence on the rising gas prices. a silent movie is all talk. yes, the silent movie is causing talk in tinseltown this morning. "the artist" did walk home with five oscars, including best picture, best director, best actor. martin scorsese's "hugo" won five academy awards as well. some happened even before the show got under way. sacha barren cohen was dressed the dictator for his new film "the dictator." he dumped an urn of ashes all over ryan seacrest's tuxedo. have a look. >> the interesting thing is actually it's a -- sorry. you've got -- hey. wait a minute. it's okay for you. if somebody ask you -- >> have fun. >> if someone asks you what you're wearing, ryan, say kim jong-il's ashes. funny, but according to a story ryan seacrest could press charges for "the dictator" actor stunt. would make headlines, though. that's for sure. i like still hearing it in my head. okay. but this was a great story here. undefeated, it won the oscar for best documentary. >> yay. >> zoraida is happy about this. >> inspiring story. you saw the guys here talking about it. struggling high school football team in a poor memphis neighborhood. we spoke to the director who said he cried make that film or that documentary. >> that's great. nice to see. i love seeing those pictures. >> young guys, too. you know they put their heart and soul into that. >> exactly, heart and soul and it pays off. still ahead at 6:09 on this east coast, burning anger. hillary clinton on the violent muslim reaction to the koran burnings in afghanistan. secretary of state speaking her mind. did she go too far in one area though? you'll be the judge. you know that political roller coaster ride? it continues. rick santorum slides. a stunning 12-point swing. why the fall? and, also, it's a good time at this time to check your travel forecast in case you're headed to the airport. rob ars man marciano is the bes this. >> east coast starting off the week quiet. a series of storms will roll across the country. some of which are going to be powerful but mild across the northeast. we are looking at rain across northern florida again today. trying to run the daytona 500. they're going to have trouble with it. but i think late in the day and certainly tonight things will start to dry out. orlando, the rain is going to be also. rain in through los angeles. powerful storm rolling through there. rockies and we have blizzard watches that are posted not for chicago, on the mild side of it, but for parts of minnesota and dakotas. up to date weatherwise. 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[whispering] big dreams. not quite knowing what the next phase was going to be, you know, because you been, you know, this is what you had been doing. you know, working, working, working, working, working, working. and now you're talking about, well you know, i won't be, and i get the chance to spend more time with my wife and my kids. it's my world. that's my world. ♪ 13 minutes past the hour. welcome back to "early start." secretary of state hillary clinton is defending president obama's apology to president hamid karzai for the accidental burning of korans in afghanistan. gop presidential candidate, rick santorum, the late toast say the president should not be apologizing. clinton said she's concerned that politics here in the u.s. could inflame the situation in afghanistan. >> i find it, you know, somewhat troubling that our politics would inflame such a dangerous situation in afghanistan. i well remember during the eight years of president bush's administration when something happened that was regrettable, unintentional, as this incident was. president bush was quick to say, look, we're sorry about this. this is something that we obviously did not mean to do. that's all that president obama was doing. and it was the right thing to do. >> secretary clinton made those comments during an interview with cnn foreign affairs reporter who joins me now live from washington. eliesse, let's get right to this. the secretary has a tightrope to walk when it comes to the situation in afghanistan. i'm curious as to whether the president of that country, hamid karzai, got on this issue early enough and was tough enough about it. >> well, ashleigh, in the beginning you saw his remarks kind of blasting the united states. and some accuse him now of whipping up all of this fury. that's one of the things about the relationship with president karzai. on one hand he needs the united states as an ally but at the same time a lot of times he's accused of ginning up the afghan public for his own domestic base and that falls into the whole issue of whether the u.s. and afghanistan are going to need what they need to get done, training police, training military, and boosting the civilian presence until the u.s. withdraws in 2014. >> and trying to reduce that horrible deficit. i know you had a chance to ask secretary clinton about the issue in syria. we heard ant this completely bogus constitutional referendum that's going on. but i want to ask you about the friends of syria, the ironically named friends of syria. more appropriately named friends of people inside syria, this great meet that went on in tunis this weekend. what happened? we barely heard a peep. >> i think this is a start of a process you saw in libya. the international community coming together trying to find solutions. and the immediate term, they want to get some humanitarian aid on the ground for those people that desperately need food, medicine, those type of things. and they came out with a plan. but the main problem is that they need to get president bashar al-assad's permission to get in aid in. russia was not at this conference. they have the most influence. now they need pressure on russia to get that aid in. boosting up the syrian national council. secretary clinton and the rest of the group recognized the group as a legitimate representative of the syrian people. it's really the only people they can deal with right now. but at the same time, a lot of concerns about the group. secretary clinton telling me they're not unified and they're not organized. >> that is not good news to those people who are so desperate for any kind of outside help. they even helped for israeli help which is just remarkable. elise, thanks for that. appreciate it. 17 minutes past the hour. time to check the stories that are making news this morning. the taliban says it is behind an attempted poisoning of food at the nato base. ashleigh was just talking about that, near the afghanistan/pakistan border. traces of bleach were found in the coffee and in the fruit. no troops were sickened or hurt. they are doing a full investigation. they are also overnight, the taliban claiming responsibility for a suicide car bombing that killed nine people outside the gates of an airport in gentle n jalalabad. a house where osama bin laden was killed by special u.s. forces. only the wall of the compound remains and no one is being allowed i side. cnn has learned rick santorum will be getting secret service protection this week. mitt romney already has it. newt gingrich has requested secret service protection and is waiting for a response now. silence is golden. the black and white silent film "the artist" was the big winner last night at the oscars, winning five awards, including the big kahuna best picture. but martin. after 17 nominations. should be more awards for her. for the first time in the 54-year history, the daytona 500 not run on a sunday, possibly run on a monday. that's if the rain doesn't postpone it again after yesterday's four-hour wait and washout. they're going to try to get it at noon today. that is if -- >> clearly that little girl, so bored. so bored with it all. >> why are we here, mom and dad. >> we will watch for it to see if it happens today. rob marciano is saying probably not. >> does not look good. 19 minutes past the hour. still ahead, many experts say it's more of a fear factor. not a supply problem. you know we're talking about heerks with the president tapping the u.s. oil reserves be any more than a political move? we are talking about your gas prices coming up. you are watching "early start." 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[ male announcer ] we didn't have to make safety features like active head restraints, brake assist, and an enhanced accident-response system standard in every chrysler 200. no one would know if we didn't. but we would have. and for us, the things you do when no one is looking are the things that define you. ♪ . it is a full 22 minutes past 6:00 on the east coast, which means you have to get going. they're going to be late. gas prices climbing to near record highs. crowds are growing louder and louder for the president to big into the reserves. >> let's go in-depth this morning. cnn business correspondent alison kosik is here? new york with us. first, let's go to cnn's dan lothian live at the white house. dan, what are the chances that are white house is going to tap into those supplies, those reserve, excuse me. >> yeah, you know, that's the question that a lot of people are asking this morning. the white house is not ruling anything in or ruling anything out at this point, saying that all options are on the table. but treasury secretary timothy geithner late last week said, quote, there's a case for the use in some circumstances. so perhaps a hint from the administration but he's still pointing out that they are evaluating the situation carefully. i think the theme you're hearing from aides here at the white house is that this is not about any kind of short-term fix. also no, quote, silver bullet. but there needs to be a long-term approach and they're just saying, hey, let's release something from these reserves is not necessarily the solution to these high gas prices, zoraida. >> dan, it is an election year. politically, how is this going to affect the president? >> well, you are so right. and so president wants to be running for re-election with gas prices at these levels and inching higher every day. and the president taking a lot of heat from republicans who are saying there needs to be more domestic oil production. even heard from newt gingrich out there on the campaign trail saying that under his administration gas prices would be at around $2.50 per gallon. i tell you though, experts out there staying away from predicting what prices will be down the road. >> all right. dan lothian live for us at the white house. thank you very much. cnn business correspondent alison kosik is here in new york. you know, you did a really great job earlier talking about the percentages that people are paying for gas. >> right. >> will this actually lower the gas prices if this were indeed to happen? >> analysts say not really. you know they point to what happened in libya. you think about last year in june, libya's civil war. that pushed oil prices higher because oil supplies were being squeezed. and obama administration went ahead and tapped the strategic petroleum reserve in june to keep oil prices are going higher. i'll show you there was barely a change in gas prices. the line is almost flat. you see that dip in june. it went right back up. it barely did anything. now, something actually was done last week. saudi arabia stepped in last week increasing how much oil it exports to make up for the shortfall in iran's squeeze in supplies happening right now. and while that may have made some impact, you know, you still look at oil prices right now, at $110 a barrel. more proof, you think of what happened after hurricane katrina, the strategic petroleum reserve was tapped after hillary clinton -- hurricane katrina hit and it stopped. it helped prices dip a little bit for a short time. the reality is if you tap the spr it doesn't create a lasting effect, meaning keeping gas and oil prices down for long. so, no, there is no quick fix. we, the u.s., are at the mercy of the worldwide -- of the global oil markets. >> too bad. and i know that you have some really good recommendations for folks trying to figure out how to save money. are you tweeting that out? >> i will. that's a good idea. >> how about stop driving? >> no, no, biking it is not an option. >> especially when it's cold out. snow on the ground. >> take the train, take the bus. what are you going to do. all right. 26 minutes past 6:00. it is a flexuous roller coaster, my friends. a flexuous roller coaster, i'm not sure if i used that word the right way but i used it and it counts. rick santorum slipping again. it's critical, dpofolks, becaus new poll comes out saying he ain't doing as good as he did the last time around. you are watching "early start."c of snacks from lean cuisine. creamy spinach artichoke dip, crispy garlic chicken spring rolls. they're this season's must-have accessory. lean cuisine. be culinary chic. so i used my citi thank you card to pick up some accessories. a new belt. some nylons. and what girl wouldn't need new shoes? we talked about getting a diamond. but with all the thank you points i've been earning... ♪ ...i flew us to the rock i really had in mind. ♪ [ male announcer ] the citi thank you card. earn points you can use for travel on any airline, with no blackout dates. earn points you can use for travel on any airline, are you still sleeping? 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i'm tired of following the swishes of the polls and see that they don't necessarily play out in primary night. >> yeah, remember, polling is a thing on how people feel right now. knotted up nationally. but okay, ashleigh, let's say rick santorum does make michigan. right now the polls indicate it's tight in michigan. i bet the national polls are going to change in a heartbeat and you will see his numbers zoom right back up. that's why the state polls in arizona and michigan are so telling. looks like romney has a sing to double digit lead in why opening. >> dog or tail wagging? i wonder if people follow what they see on the polls and vote accordingly or if the polls follow what they're seeing on the trail? >> it's a little bit of the both. the tail wagging the dog and the dog wagging the tail. if santorum can get a victory on tuesday night you're going to see his national numbers zoom and some of the numbers in the super tuesday states go up as well. >> and then i also wonder, and i'm going to throw this out to you, lenny mcallister. i wonder how much it matters when a governor of a state puts his or her support behind a candidate. let me play for you what governor jan brewer said on "meet the press" this weekend. have a peek. >> the country is in terrible shape. it's unside down. we need a leader, something that can go out there and make a difference and lead the people and work with governors in the states because we are where the rubber meets the road and i know that mitt romney will do that. >> so this was just after the taping of "meet the press" but she said exactly the same thing when she was on with david gregory. lenny, i have seen this play out before. minnesota, tim pawlenty, didn't work so well. and in michigan, we do have governor rick schneider who has also thrown his support behind mitt romney. do you think it makes a difference? >> well, you forgot another one. big ah when it came to haley in south carolina. >> good one. >> it probably will play out well in arizona. we'll see how it plays out in michigan. when you look at arizona and michigan you have to remember, you're talking about the new population in phoenix, in arizona where people are migrating to. and then you're talking about michigan where people are migrating from. when you talk about the messaging, rick santorum still plays well in those area where's people are struggling, older populations, manufacturing populations, that's michigan. that's why that's still very much in play. you look at arizona, romney is running away to a lead. you're talking about a newer population. probably a little bit more affluent population. that endorsement from governor brewer probably will solidify a romney win tomorrow night. >> that's interesting. i got the question of the day perhaps and this one goes to you, jamie, and it's if certain comments cancel out certain other comments, because over the weekend rick santorum made a comment about president obama suggest that anybody who wants to head off to college, that's just sort of a snob comment. but if you don't like that comment, you can cancel t it out with mitt romney's comment. he has a lot of friends who own nascar teams when he was asked if he follows nascar. do those cancel each other out or are people going to rest son and jump on them? >> i think they do. this is the "b" team for the republican party. >> darling, this is the "a" team. theater they're at the leaderboard. >> we want to call a time-out and -- i'm sure the republicans want to call a time-out and get some real starters in here. >> i tell you what, as far as gas goes, if you were to tive ha tivo, lenny just pointed out my own gaffe. they work word. >> that wasn't a gaffe, ashleigh. just an aden dumdendum, that's . >> thanks for seeing all three of you. still ahead, forget about 3d or i max or cgi. a silent movie beats all the talkers at the oscars. how did "the artist" do it? senior editor of "us weekly" joins us come up shortly. you are watching "early start." i'm benny and tim director of this program. it's a treatment. the foundation is a community health initiative that creates healthy, productive and prosperous people i'm thank ffu for two things. one is health. is other is education. 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[ male announcer ] it's a network of possibilities -- helping you do what you do... even better. ♪ ♪ [ multiple snds ng melodic tune ] ♪ [ malennounc ] at northrop grumman, makthworld a feplace. th's value performance. northr gruan. have more fiber than other leading brands. they're the better way to enjoy your fiber. you know why we're playing simon and garfunkle "the sound of silence," 84th annual academy awards today, silence is golden. the back black and white silent film "the artist" won a lot of oscar gold. let's bring in our golden boy, bradley jacobs. >> nice of you. >> we're going to deal with our predictions later because you came in earlier in the week and talked about it. but we want to check billy crystal's opening bit. let's watch this a little bit and you tell me about it. >> please wake up. i'm ready for you to come home. where you belong. >> justin beeber? >> yeah, may, what's up? >> what are you doing here? >> i'm here to get you the 18 to 24 demographic. >> great, great, thanks. >> i didn't watch this. i was pretty priceless. so trying to get the young viewers there. how do you think he did? >> this was classic billy. he always does a little montage of all the nominated movies. the time, of course, he had nine movies to get through. it was cute. it was also the opening act. you really had to grab people. i thought it worked. it was, you know, it was on the safe side but, like i said, you saw, you had bieber in there, the the guy/guy kiss which always -- a little uncomfortable though. >> it did work. >> okay. so sacha baron cohen. would he, would he not show up? he did. i don't know if he disappointed or not. we're going to look at it in case you missed it last night and then we're going to talk about it. >> this is actually -- sorry. you've got kim -- >> what did you think? any fallout? >> this was the moment. if there was anything that really stood out last night on the red carpet, besides the fashion, this was it, was sacha baron cohen dropping the supposed ashes on kim jong-il on him. you though that ryan seacrest was not on the joke because you don't mess with that man on his tuxedo. he was angry. he was doing his best to not blow a gasket. >> do you think there will be any fallout from that? >> no. saying, you know, it was fine. i was punked or whatever. and you know, it certainly got a lot of press for sacha's movie "the dictator" which comes out in may. it worked for sacha. i don't think people really liktd it necessarily or got it but i think it got our attention. >> some people say it was the highlight of the evening. >> because everything is so produced. everything seems to canned when you watch the oscars group want to throw a brick at the tv sometimes watching them. they're so -- it's all so, you know, planned produced. that was an unexpected moment. >> all right. so let's go to the winners. on friday we revealed our oscar picks. time to see how we did. first up, let's go with best actress here. and let's listen to the winner. >> and the oscar goes to meryl streep, "the iron lady." >> when they called my name i had this feeling i could hear half of america going, oh, no. oh, come alive. her, again. you know. but whatever. >> poor girl. all right. ashleigh is the winner here. this is not who i pick. this not who you picked either as a winner. >> no, i thought it was going to be viola davis. most oscar predictors thought it was going to be viola davis. it was her 17th nomination within 29 years. we did want to see her win again. that's for sure. i have to say i loved that speech. i totally was with her and i just thought it was adorable. and i loved that she thanked her husband first and she made a point about that because everyone thanks their partner at the very end, after the director, the cinemaing to gra fer, makeup artist, get to their partner and she did it first and original. >> she's always very graceful and classy. next the best actor. and on this one, i was right. >> good job. >> so "the artist" again wins here. >> yes. >> you talked about it being a very close race. i must say clean clooney and jean dujardin. clooney had a lot of momentum earlier in the fall but jean dujardin came up from behind and won and kept going and he had the power of harvey weinstein behind him wupushing "the artis" i was surprised. clooney has it all. clooney is mr. hollywood but i think people just went for jean dujardin because they were moved by that and delighted by "the artist." >> best picture because at the end of the day everybody kind of predicted this, except me. >> what happened? >> i know. >> yeah, no, "hugo" also won five oscars and was a huge winner last night. >> but not best picture, which is all that matters. >> the "the artist" won. you can't walk out of "the artist" send not be charmd by it. i don't know if it's necessarily a movie for the ages but was the movie of the year. >> bradley jacobs, thank you so much for coming back. i know you were up really late last night. >> yes. >> ashleigh, back to you. >> i still really like brad pitt. i'm just saying. soledad o'brien joins us now with a look of what's ahead on "starting point." my friend, you and i tend to drink a lot of this in the mornings, coffee. >> yes, yes, i give it up every three months. >> no, you don't. >> yes, i do. cold turkey. it lasts about three days. i am working on sell improvement. coming up on "starting point" in 15 minutes, wire going to talk to, as you say, the man responsible for a lot of that coffee, howard schultz, ceo of starbucks. he's going to tuck about what he's doing, really giving profits to the people in a store in harlem. we'll chat with him act that. and we'll talk to senator dick durbin this morning. he's going to give us his assessment of the gop race. he uses the word disaster when talking about newt gingrich. we'll ask him why. that's straight ahead this morning on "starting point." 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[ female announcer ] travelocity. get great deals on all kinds of beach vacations. it is 49 minutes past 6:00 on the east coast. time to check our top stories making news this morning. >> the taliban says it is responsible for a suicide car bombing at the gates in eastern afghanistan. nine people killed there. none of them americans. the taliban also says it is behind the attempted poisoning of food at a dining hall used by nato troops in afghanistan. they found traces of chlorine in the food there. and gas prices rising for the 20th day in a row now. the national average, $3.70 a gallon. that's a february apenny more t yesterday. alaska and hawaii seeing more than $4 a gallon. in just over five hours, try once again to start the daytona 500. the race was postponed by rain yesterday. officials are hoping the wet weather clears out today. although rob marciano says probably not. prepared to run the events tonight under the lights they say if that is necessary. so here's a free speech fight for you. a judge in pennsylvania threw out an assault case involving a muslim attacking an athiest. a it was a halloween parade. it was a costume, he was atheist. he was attacked by a muslim and didn't like it. he decided to film his attack on his phone. have a look. >> i am mohammed the prophet. ahhhh. huh? no. stop, you're on film. please, hey! >> what's going on? >> hey, he's attacking me. come here. >> so that was the cell phone video and case ended up in court. but the judge dismissed the case and now the judge is facing a lot of criticism for what is being said about what he said. the victim recorded it and released part of what he said happened in court. have a listen. >> i think our forefathers intended that we use the first amendment so that we can speak what's on our mind, not to piss off other people and cultures, which is what you did. i'm a muslim. i find it offensive. i find what's on the other side of this very offensive. but you have that right. but you are way outside your bounds of first amendment rights. >> you have to listen very, very carefully because there is definitely some argument about whether he said i am a muslim or if i am a muslim. we tried to reach the judge in the case, judge mark martin, for comments but we have not been successful in efforts to do so. he did release a statement online where he said, i is not a muslim and actually is a lutheran. he said, i based my decision on the fact that the commonwealth failed to prove to me beyond a reasonable doubt that the change was just -- there are so many inconsistencies that there was no way i was going to find the defendant guilty in this case. joining us now is jonathan turley who is a professor of law at george washington university. professor turley, i'm glad to have you on. i know you have blogged about this and have been very critical about the judge in this case. is there any agreement at this point on exactly what it was that this judge said about his faith or what he did not say because i'm not so sure i can really put full faith in that recording saying i am a muslim. >> in the end, ashleigh, it probably doesn't matter. it certainly doesn't matter in my view, whether he's a muslim or not. the objections of this civil liberties community really focuses on his view of the constitution. he says that he's a lutheran and that's one should accept that. the tape probably doesn't capture that he really said, in fairness to him. but it is also fair to hold him accountable for what he said about the constitution. many people have looked at this and wondered why it wasn't assault, let alone harassment. they're more concerned with the fact that the judge said this isn't what the first amendment is supposed to protect. that's clearly wrong. you know, you can say things that are hurtful to these. we hope that you don't, but you most certainly can be protected. people like thomas payne spent his entire life ticking off people across the colonies. >> i don't get this. it sounded pretty clear cut to me. a man was attacked for saying something and yet the victim was blamed in court and the case was thrown out. is it possible that this judge could be up for review, some kind of a judicial discipline commission, anything like this? or is it up to the voters? >> ashleigh, it's interesting. the judge is very upset that he released this tape. and is reportedly threatened him with concontempt. the judge's view of the first amendment is troubling. he in the tape makes reference to the fact that this is an offense punishable by death in certain countries. that's under sharia law. i don't think that's what he was intended to do. but those countries are op pressive countries. they apply a medieval form of law. i don't think they should be given credence. it's not a type of cultural defense for the defendant. the defendant here admitted he felt he had to do something when someone insults the prophet. >> he should have taken to the blogosphere like the rest of us do. not appropriate, attack tons street. call me crazy. we're going to have to leave it there, professor turley. maybe you can come back p. >> thanks, ashleigh. we will be right back in just a moment.for nancial advic. 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 planning for our military, veterans and their families. now more than ever, it's important to get financial advice from people who share your military values. for our free usaa retirement guide, call 877-242-usaa. ♪[music plays] ♪[music plays] purina one beyond. food for your cat or dog. that's why i take doctor recommended colace capsules. i have hemorrhoids and yes, i have constipation. that's why i take colace. 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