unwashington. the reason, a tax cut america might be about to lose. over the past year you have probably had $1,000 extra. thanks to the payroll tax cut. you will save at least that much next year, if democrats and republicans extend it. two bills are up for vote to do just that. the democrat bill taxes millionaires to pay for the extension. the republican one freezes federal pay and cuts millionaires off from some benefits like unemployment. both bills will likely fail. because surprise, surprise, the parties haven't compromised. now congress has 30 days to pass the payroll tax extension. if they don't. people with a salary of $35,000 will pay $700 more in taxes next year. if you make $50,000 you pay $1,000 more. $75,000 in salary, $1,500 more. get how this works. on and on. economists warn that if it is not extended the u.s. could tip back into a recession. the bottom line is this, american people want it. the economy needs it. and the two major parties agree on it. so, why can't politicians get it done? at least the super failing super committee was taking on big issues like medicare and tax overhaul. there could be room for optimism, because there may bow a super committee 2. may not be a mega hollywood hit, but, it would sure change this country. is it too late for a grand bargain for america? senator joe lieberman, independent from connecticut spearhe spearheading, super committee 2 late charge. he is out front tonight. thank you for being wut ith us. let me start with that. you have come up with an idea to create, could have another super committee if you get six democrats and six republicans on board. they could go ahead and put a bill forward. simple majority. get it through, without a filibuster right? >> yeah, exactly. so, i mean my main point here is that -- the fiscal crisis facing the country is too serious for us to give up because the super committee didn't reach an agreement. what i am saying -- this is the first year anniversary of the report of the so-called simpson-bowls commission, appointed by the president came up with a $4 trillion debt reduction over ten years. >> a grand bargain. that is real money. >> that its the grand bargain. so what i am focused on is drafting that legislation -- and the first instance submitting an amendment to something. in the next couple weeks to guarantee debt legislation can get a vote first quarter. opening up possibility of any group of 12 that can come up with a proposal that will equal $4 trillion over the next years will be guaranteed a vote, no filibuster, no amendments. an up-or-down vote and do something good for the country. i know we are fighting uphill on this. but the consequences of not -- keeping at trying to come up with a bipartisan agreement to cut our national debt are really terrible. i think if we can do it, the best thing we could do to stimulate investment, economic growth and more jobs in this country. >> it would be amazing, the possibility, what it could do for the way the world views america, for investing, for pensions, 401(k)s, how do you think you can get beyond what seems to be stalling washington and making america so angry with washington which is, you know what, we'll just all this off until after the election and get re-elected by blaming the other sued for our inability to compromise, whatever side you are on, that's the argument? >> yeah, i grew up in a political system where believe it or not you not only came to office to try to get some things done and solve problems which i think most people get elected to washington to office want to do, but, when an election was coming, you tried to get more things done so you could go back and say, hey, look, constituents, this is what we accomplished for you. today as you just said, erin, the default position seems to be each side wants to go through the campaign blaming the other side for the fact that there is not a solution. and in some sense they're both right. both parties are at fault for the fact that the country is not dealing with its biggest problems. >> another thing that some are trying to do is even, even more frustrating frankly. that is super committee didn't do its job. we don't like the $1.2 trillion in auto cuts. let's roll that back. forget what that would do to the rating and regular people's mortgage rates. it is frustrating. want to ask you -- eric kantor wanted to get around the cuts on the fed side. what did he say? do you support it? >> i was called on thanksgiving day before time to eat the turkey did not affect my digestion at all. it was a good call. i know eric for a long time. we haven't talked in a while. he said i want to run something by you. he called five, six other senators. basically said, i'm thinking about a bipartisan agreement. democrats want to extend the payroll tax cuts which you talked about earlier, echti agr with you and unemployment compensation for people who have been out of work. a lot of republicans are concerned about the impact of the so-called trigger sequester on defense spending. maybe we could put those together and get something bipartisan done. look, i am encouraged eric you are thinking in this way. keep trying to do it. obviously we have got to come up with a way to pay for that. part of the problem here is that -- sometimes the agroemeees made are not to touch each party's sacred cows, tax increases on one side, entitlement spending or defense spending on the other. the net effect of that of course is that the national dealt gebt bigger and bigger and harder and harder for our kids and grandkids to face. >> senator lieberman, thank you. appreciate you taking the time. >> thank you, enjoyed it. have a good evening. >> super committee 2, a fascinating concept. let's bring in john avalon. he said you avoid the sacred cows, the cows get really, really fat. and they get arteries get clogged. you know what? that ends badly for the farm. >> yeah, time for some steak. this 'tis the problem we have been having. >> juicy and full of fat. oh, good steak. >> everyone likes a good steak. think about it that way. make it more appealing to people in washington. we need a good steak dinner. here is the problem. good for the independent senator for trying to put forward a way to redeem the lost promise of the super committee, that would allow the up-or-down vote, no amendments, no filibustering. a chance to make a dent in the deficit and debt. we have seen this movie over and over and they keep failing, failing, failing. one year ago we had the full plan, the president probably is really regretting that he didn't back that harder at the time. would have been smart politics and good policy. you know what republicans are to blame. the head of the super committee was on the simpson committee and voted against it. so everyone makes talk about the debt, talking tax, deficit-debt, it has got to be paid for. we need to get the country back on full fiscal footing. >> to make a point. the payroll tax. economists say it could cut growth in half. pretty meager pathetic growth to begin with. everybody likes it. you raise this upon the of paying for it. payroll tax cut seems good. that means money not going to social security which is making another problem worse down the line. >> right. maybe, payroll tax cut, keeping it low with entightmeentitlemen. there is a lot of ways to come with the bipartisan solution. my problem when eric kantor called, he said look give us, we'll keep the defense money and take the tax cut we don't pay for. that's -- both sides want to keep. definition of negotiation in washington. i get everything. you get nothing. we's say it is a compromise. everyone has to feel some pain. we need the steak dinner. >> we are supposed to, well raised. grow out of the way of thinking, 2, 3, 5 if it is a stretch. >> that's why they're so furious at washington. >> thank you so much to john avalon. we have breaking news, we obtained a 911 call placed from a suspected hazing related death that involved a college band member. and newt, widening his lead in the polls, flying close off to the sun. is it temporary, can he hold on? ten states currently kiddiconsig legalizing medicinal marijuana? huh, what do you think about that? we have the "inside scoop." i habe a cohd. yeah, i toog nyguil bud i'm stild stubbed up. [ male announcer ] truth is, nyquil doesn't un-stuff your nose. really? [ male announcer ] alka-seltzer plus liquid gels fights your worst cold symptoms, plus it relieves your stuffy nose. [ deep breath ] thank you! that's the cold truth! but proven technologies allow natural gas producers to supply affordable, cleaner energy, while protecting our environment. across america, these technologies protect air - by monitoring air quality and reducing emissions... ...protect water - through conservation and self-contained recycling systems... ... and protect land - by reducing our footprint and respecting wildlife. america's natural gas... domestic, abundant, clean energy to power our lives... that's smarter power today. there are a lot of crimes that pay really well. but when criminals like drug gangsters and wall street ponzi schemers get caught, taxpayers can benefit. called forefiture, when the government seizes fancy cars, homes, cash from criminals. some times you see the $2 bentley in the newspaper that's what that is. we spoke to a u.s. attorney for the southern district of new york and he told her what he seizes. >> like a bank account, like stocks, like bounds. some times it's personal property. some times it's things like buildings. some times it's airplanes. works of art. pretty much anything if you can touch it or if you can spend it. and it's the product of, fruit of crime. we'll go after it through the courts. >> and he is good at going after that stuff. our number tonight, 800, how many millions of dollars worth of assets the southern district of new york seized in fiscal 2011. i don't know whether that sound like a lot to you. it is. accounts for about half of all asset forefitures in the united states. time now for our political play of the day with none other than the one and only john avalon. he is back. john? >> our political play of the day tonight is the excessive celebration penalty. now last night we showed you how newt gingrich is soaring in polls across the country. a new poll out tonight in florida shows that is a real trend with substance behind it. newtgingrich, 50%, compared to 19% compared to mitt romney. is all this success going to newt's heads. there are some sound it may be, take a listen from fox in the view where he predicts he has the nomination and slices the field in an unusual way. >> whereas i would have thought originally it would have been mitt and not mitt. i think it may turn out to be newt and not newt. >> well this newt-centric universe brought to find a play from the jets/bills. steve yef johns stevie johnson catching a football, doing a dance there. plaxico burress got a penalty for excessive celebration fined $10,000 reportedly. a cost to this premature behavior. the more newt shoots from the lip, the more he runs the risk of reminding people why they fell out of love of him. for example, his exaggerated sense of his place in history. take a listen. >> i helped lead the effort to defeat communism in the congress. >> and then, there is his healthy sense of financial and celebrity self-worth in south carolina. >> i was charging $60,000 a speech. and the numbers of speeches was going up, not down. normally celebrities leave and they sell fewer speeches every year. we were selling more. >> already his opponents are taking shots at the new front-runner and the question is whether this will be a cautionary tale. is there a cost to getting ahead of yourself uncelebrating when you rise in the polls. look, remember, this past weekend, the jets ended up beating the bills. so, it is just a reminder, in politics today, you celebrate too quickly, you get ahead of yourself. you can end up bailing more people than you attract. >> al gore invented the internet. why not defeat communism. >> reagan, thatcher, pope john paul and me. >> let's add in, dug hyoug hyde. good to see you. what do you think, newt/not newt, says newt, interesting to talk about one's self in the third person. >> i take this personally. i want to the university of north carolina, wearing my unc tie. weep were ranked one, bit overhyped at the beginning of the basketball season. lost to. nlv, we are number five. we know when you celebrate excessive low there are consequence that come with that. you tend to lose. newt gingrich has been doing a little of that. part of that because he has been so disciplined and focussed in the debate, the knock on newt is he has been an undisciplined candidate, speaker and messenger. when it's come to debates where we have seen the candidates he has been on point. you are seeing him in this position. >> how does barack obama feel about running against newt gingrich? >> i think first of all it is not clear at all if obama will be running against newt gingrich. gingrich is if you talk palin and trump, he is the sixth republican now to surge to number one in the polls ahead of romney. we have seen what happened to bachmann, and to perry and to cain. so first, it's far from clear that gingrich is going to be the candidate. also important to remember, he was last in office about 15 years ago. the views that were popular then are very different from the views popular today. i think that's exactly, you talked about the ron paul ad at the beginning of the show. i think that's the point of the ron paul ad. after voters start studying gingrich/romney. are they going to find a lot of differences? that's what we'll find out in the next week or so. >> how quickly does it happen? at some point. making this point. running a race with the clock. who ever is at the top when the key firstcontests happen. its the guy. >> we're 30 days out. there may be time for newt to fall. caveman candidate, newt stuck in 1987. and the polls are pretty broad based. let's be real, look at the dnc ads. they've don't want to run against mitt romney. they have been running ads talking abut his flip-flopping. they would probably love to run against newt gingrich. >> doug t. where do you think, when and if herman cain. he is speaking in new hampshire right now. all of the rest of that continue to go to newt gingrich like we have seen in florida, or no? >> i think we will see if this happen. we don't know it will happen. so it is a bit speculative. we'll see support divide all over the place. some people go to michele bachmann. some go to newt gingrich. mitt romney will get some of the voters. these are people drawn to herman cain's message. again talking about the debates whereas a writer wrote in "the new york times," the candidates are focusing on the debates in a way much more so than in the past. we see less retail politicking. herman cain effective in the debates. he has drawn really that support. not an anti-romney thing per se. so as if he is to pull out, we don't know that is going to happen or if any of the candidates who have done well in the debates pull out. i think we will see support scatter. >> thank you very much off to all three of you the we appreciate it. >> thank you. >> is america falling to pot? we are not talking about super committee and things like at at this mope. we are talking about marijuana. the real deal. the governors of washington are reclassified from schedule one to schedule two. so states can regulate it for medicinal purposes. schedule one drugs don't have medicinal use. pot is big business. legaling it could generate $9 billion in revenue. currently 16 states and district of columbia have legalized marijuana for medical reasons and ten other states are considering the same. but is this a good idea for america? our senior legal analyst, jeffrey toobin out front to take on the issue. >> but i don't have any cool cla glasses. >> mine are cooler. >> america loves the legal system. you have 16 states where medical marijuana is legal. you have 50 states where it is illegal under federal law. completely unclear what the legal status of marijuana is in those 16 states. and that's why -- the two governors are trying to do something to at least clarify it a little bit. >> it is the biggest cash crop in california as one example, by far. if it were legal that becomes, well, hey a lot more taxable for example. right, you can make money by legalizing it. >> that's right. you have american medical association hardly a hippy group saying there are legitimate medical uses for marijuana. californians have had access to medical marijuana for some time now. there are some question as but whether people are getting prescription for legitimate reasons or not. just want to smoke pot. in any case this is something that is becoming a much more mainstream cause. this is something that a lot of people -- it's mostly a democratic cause, but across the political spectrum, interestingly, this is very popular with voters. these initiatives keep passing, even in conservative states. so, i mean the, the politics of the situation is changing at least a little bit. >> you know maybe one day i can try it out. closest i have ever come to smoking pot its these glasses. just for the record. >> that's the difference between you and me. >> ha-ha. i'm sorry, i can hear the whole control room. >> a long time ago. >> thank you for coming out front. >> see you. the. next there is a program that records the phone numbers you dial and text messages you send. the really scary thing is it is already on 140 million phones. weave fi we find out just how secure your cell phone is in our "under surveillance." >> unusual christmas promotion in arizona. you seriously don't want to miss this one. [ marge ] psst. constipated? phillips' caplets use magnesium, an ingredient that works more naturally with your colon than stimulant laxatives, for effective relief of constipation without cramps. thanks. [ professor ] good morning students. today, we're gonna... so we do a lot of serious stories on this show. this one is a little more seriously. it is december 1 we can't help doing our first holiday story of the year. the scottsdale gun club in arizona is doing something special for christmas this year. they have invited customers to get their picture taken with santa. according to the club's website every day from 10:00 to 3:00 santa will be available for photos surrounded by christmas present and what look s like a heavy machine gun. for $5 and $10, you would be crazy not to have one of these photo packages. a lot of people are doing it. let's look at few shots. first one, okay. christmassy. the girl was by herself. holiday is about being with family and friend. let's see the next one. all right, this is a little better the not that festive though. santa looks look he is a little bored. next. all right. here you go. hats are a nice touch. but it is all women. all there have been are women. don't guys like guns too. next. ah. okay this one is pretty good. the guy in camo for hunters. and girl in antlers. antlers are fake. there is the problem. really you are at a gun club, you would think that would be one thing real, the antlers. would you wear a pair of antlers, maybe that's why they're fake. all right. next. all right. this one is -- overkill. yeah. listen, we are being a little critical. doesn't matter if you are wearing a santa hat or holding a grenade launcher. christmas isn't about that, it's about one thing. the kids. if we talk a minute to remember that we would have, seriously good holiday. still out front, the out front 5. like a virgin. >> how did you pick the name virgin for all of your businesses? >> i was 16. >> under surveillance. >> absolutely track everything going on on the device. >> all this "out front" in our second half. is bad