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the shot? >> as i said, it was dark. but after the shot, obviously someone -- the man got up, and it was kind of like that period of him -- i can't say i actually watched him get up, but maybe only within a couple seconds or so, then he was walking towards where i was watching, and i could see him a little bit clearer and see it was a hispanic man, and he was -- he didn't appear hurt or anything else. he just kind of seemed very -- i guess the term -- very worried or whatever, walked on the sidewalk at that point, his hand up to his forehead. and then another man came out with a flashlight. >> senior legal analyst jeffrey toobin joins us. you went to visit with the anderson cooper staff and heard more about the interview. he said it was a hispanic man. that would match the description of george zimmerman. he didn't seem hurt. he does say later he had his hand at his forehand. what do we make of the part we just heard? >> well, the big issue that remains at the heart of this case is who was the aggressor in this confrontation and does zimmerman have facts at his disposal that would be a good defense either in general or specifically under florida's unique law? certainly i think this is not the smoking gun one way or the other. but again, particularly when you combine it with the video that was released by abc yesterday of george zimmerman appearing unhurt. his argument that he was somehow injured and under threat looks a little tougher to make based on this interview and based on the video. >> when you were up visiting with anderson and his team, what else significant did you learn about this eyewitness account? >> what i learned is that this is going to be a tough witness at trial because this person doesn't have a really clear view of precisely what happened, who was the aggressor, and this person heard someone yelling help. but i don't think this person knows in particular whether it was -- which one of the two people it was. so again, that's an important piece of evidence that, if this person knew, would be important. >> and you just heard -- let's contrast here. let's play a little game of compare and contrast. you heard the yes witness saying mr. zimmerman walked away, didn't appear too hurt, had his hand on his forehead but walking away almost matter of factually. let's listen to an account of george zimmerman's father who says his son told him he suffered quite the beating. >> what did you observe after the shot? >> as i said, it was dark, but after the shot, obviously -- >> wrong piece of tape. let's see if we can go back and play zimmerman's father describing what his son told him. >> after nearly a minute of being beaten, george was trying to get his head off the concrete, trying to move with trayvon on him into the grass. in doing so, his firearm was shown. trayvon martin said something to the effect of you're going to die now. >> jeff, a very different account there. i'm going to walk over here. you talked about that video that was released. the city put this police video up on the website. i want to show it. let me turn this around for you. we know he was treated at the scene by the sanford police. we need to be careful in saying that. he did receive some treatment in the police car. what you're looking for here, if he had a broken nose or bandages, certainly no bandages in the face. if he was hurt, at least from this video it doesn't appear he was significantly hurt. when you match that up with what we heard from the father, i want to bring up another piece of the video, if you pull this one out here, this gets grainy as you stretch it out, you do see a small bit of red here, right here on the back of the head with a little red there and you stretch it out, hard to see on television. when you look at this, it certainly doesn't give the impression that this is someone that was severely beaten if he's in the cruiser and goes down to the police station. >> also in that video he's not limping at all. if he had injuries, and he might have had injuries, they are very, very minor or so it clearly appears. also, let's keep in mind, george zimmerman shot this guy. he didn't take a swing at him in self-defense, he shot him dead. so the amount of -- there is a -- potentially an argument of disproportionate response given the amount of injury he has. now, again, florida law may be somewhat helpful to zimmerman on that front. but it's worth keeping in mind that, you know, we're struggling here to find some sort of injury and trayvon martin is shot dead. if i could just add one more point about the interview with george zimmerman's father. under any rule of evidence, that would not be admissible, what he told his father, some self-serving story he told his father. the only way george zimmerman's statements will be admitted in the course of this -- if there's a trial, would be statements he made to the police or statements that he made if he testifies at trial. so self-serving statements you made to a relative would never -- it's interesting for us trying to fill in our picture of what happened, but it is certainly not admissible evidence. >> important context from our senior legal analyst, jeffrey toobin. that interview coming up at 8:00 p.m. tonight on anderson cooper. tomorrow, soledad o'brien hosts "race and justice in america". moments ago george h.w. bush enforced mitt romney. you seam see them at mr. bush's office in houston, texas. >> i think it's time for people to get behind this good man. some of them have waged var good fight. i'd say that about some of his opponents. we're so convinced mainly because we've note mitt for a long time that he's the man to do this job and get on and win the presidency. >> having your support means a great deal to me on a personal basis, a family basis and also on a national basis. so i look forward to being successful in honoring that endorsement by winning. >> it's part of a rally around romney movement across the gop generations. earlier today the freshman florida senator marco rubio delivered his endorsement. >> the primary is over by the admission of the candidates who admitted they can't win the primary. say said the only way they can win is at a floor fight in tampa. i think a floor fight in tampa would be the worst possible thing we could do in terms of winning in november. i think mitt romney has won the primary and it's time to get behind the nominee. >> three political forces confirmed romney and gingrich had a secret meeting this past saturday in louisiana. aides in both campaigns are remarkably tight lipid. my sources describe it as pleasant and productive. beyond that they're not talking. jim acostia and jim hand by and mary matalin joining me. a lot of people say endorsements don't matter. does it matter that 41 has endorsed mitt romney. >> it matters for the reason you alluded to, the juxtaposition across the spectrum of generations as you said, but also across the spectrum of factions with rubio and poppy bush in the same day, leading figures of both those factions. it's a validation that this race is about to accelerate in favor of romney and close up pretty fast now. >> i know he is one of your heroes so forgive the question. george h.w. is not well regarded by a lot of conservatives. is there any way this can hurt romney? >> i don't think so. we tend to think we created all this political knowledge. you'll recall my humiliation in 1988 when we were beat by a conservative faction, poppy bush in iowa. in '92 we were primary. he is -- over the years he has made many friends. we understand, and everybody, conservatives and mainstream and whatever faction -- nams you want to give them at any given time, understand it's not an either/or. it's both. each faction is necessary and insufficient to defeat the democratic, the liberal incumbent. i don't think it will hurt. it's a validation of romney's reach. >> mary, stay with us. jim, that sound we played with marco rubio moments ago. that was from an interview you conducted this morning. he's the next generation and conservatives love him. >> right. >> he says he endorsed romney. he didn't seiji whiz, i love mitt romney. he said, well, sort of it's over and why not. >> he described mitt romney as the nominee. he's not officially the nominee just yet. i also asked him do you think mitt romney will govern as a conservative. he said yes, i think he will as a conservative. it's like pulling teeth to get them to come along. the collective weight of the endorsements over time is having an effect. >> peter, when you call around it's hard to find a republican who says romney can be stopped. not all of them say santorum or gingrich should get out. why is it so hard to get information about this secret meeting with newt down in louisiana? we know gingrich came to the hotel where governor romney was saying. i was told it was a decent meeting, productive meeting, polite meeting? >> i was at the hotel. i was with mitt romney that very morning. no one saw it. as you said, it's remarkable people in the romney world and the newt world are not talking about this. they're saying that both campaigns and both candidates and santorum talk all the tichlt gingrich spokesman, r.c. hammond who i talked to today said, yes, they're concerned about is this damaging the party, will this hurt them in the long run? he was saying we view it. even if we go to a broker convention, this won't be bad for the party. i talked to one person who said it will be great for the party. look at the poll numbers. conservatives still say rick santorum is the guy they identify with and not mitt romney. >> the speaker says he's going to stay in because he thinks it's possible romney comes up short. i assume, jim, this is the beginning, he's got a lot of healing to do, in healing this relationship. would be quite important. >> absolutely. that was palpable throughout this campaign. to see the tension that was really in place between the gingrich camp and the romney camp. it was striking, when i was with the former speaker on monday in annapol annapolis, he had the press conference in annapolis and it was at that point when he said, i'd be delighted to support mitt romney should he clinch the 1144 delegates to win the nomination. it was the first time i heart delighted and mitt romney in the same sentence. >> he's worried about his legacy as well. thanks for coming in. in a little bit we'll ask former oil company executive what, what, what can be done to bring down your gas prices. next a former cia director looks at why there's such concern about north korea's plans to join the space race. >> literally, john, this is rocket science. this is hard to do. the north koreans have not had a history of successful high-end activity. ♪ ♪ ♪ wow... ♪ [ female announcer ] sometimes, all you need is the smooth, creamy taste of werther's original caramel to remind you that you're someone very special. ♪ werther's original caramels. have 46 grams of whole grains... mmmm. ...and a touch of sweetness. you'll be delighted to discover how good they taste. ♪ when your chain of supply goes from here to shanghai, that's logistics. ♪ ♪ chips from here, boards from there track it all through the air, that's logistics. ♪ ♪ clearing customs like that hurry up no time flat that's logistics. ♪ ♪ all new technology ups brings to me, that's logistics. ♪ back to our breaking news, a an important development in the trayvon martin investigation. anderson cooper has interviewed what can be the only believed eyewitness to the shooting. anderson is with us from new york. let's play a snippet of this interview and discuss the significance of it. let's listen first. >> what did you observe after the shot? >> as i said, it was dark, but after the shot, obviously someone -- a man got up and it was kind of like that period of him -- i can't say i actually watched him get up, but maybe only within like a couple seconds or so, then he was walking towards where i was watching, and i could see him a little bit clearer and see it was a hispanic man and he was, you know -- he didn't appear hurt or anything else. he kind of seemed very -- i can't speak for him, but very worried or whatever, walked like on the sidewalk at that point with his hand up to his forehead. and then another man came out with a flashlight. >> so critical details there in the sense that we know from the police reports and other accounts that trayvon martin and mr. zimmerman were on the ground. the witness confirms that and said he got up and walked away. from listening to him, it sounds like he was describing mr. zimmerman, but not somebody with significant injuries that others have led us to believe. >> that's right. this witness who wants to remain anonymous and we've actually altered their voice to make it more difficult to identify them, they obviously have already talked to police. said that this person did not see -- didn't seem to this person that george zimmerman was injured. but again, this person did reiterate that it was dark and the visibility was not great. this person also seemed to indicate that george zimmerman was on top of trayvon martin or the larger person, as this witness described it, was on top of trayvon martin. but was not clear if the shot came -- if the shot went off while that person was on top or if -- it's complicated. this witness saw george zimmerman get up but did not see the person who was on top get up. so there was a slight break in what this person saw. so it's not clear if george zimmerman was underneath trayvon martin went off, was on top of trayvon martin when the shot went off. the witness does not really -- cannot definitively say one way or the other, the position of the various bodies. certainly forensic evidence should point to that. >> what else from the interview struck you most? >> i think this is really the only person that we have talked to and heard from who actually was looking at the struggle as the shot went off. this person did not see a flash, though. they said that the position of the bodies, they really could only see the person who was on top, though they couldn't really identify that perp. they could see the figure, the silhouette of that person while they were on top. also george zimmerman's father has given an interview saying his son's head was being slammed into the concrete sidewalk. this person, this eyewitness tonight indicated to me that this struggle took place on grass or on ground, there was two patches of grass with a sidewalk in between. according to this witness, the struggle was not taking place on the sidewalk. so again, is this eyewitness wrong? is george zimmerman's father wrong? is george zimmerman's story incorrect, it's not really clear. >> you've altered the voice to protect the witness. an abundance of precaution or is this because of all the national attention on this case, the protests and the like? is this witness worried? >> i think the witness is concerned about being -- having their name out there, having their likeness out there, being part of this public debate. they have done their job. they have talked to police, given a statement, but does not want to be identifiable for probably understandable reasons. >> cnn's anderson cooper, very important interview that coming up at 8:00 tonight. we appreciate your time helping us. tune in ""ac 360" sh at 8:00. the truth about a republican contest we don't hear much about. who gets to be vice presidential nominee? look, every day we're using more and more energy. the world needs more energy. where's it going to come from? ♪ that's why right here, in australia, chevron is building one of the biggest natural gas projects in the world. enough power for a city the size of singapore for 50 years. what's it going to do to the planet? natural gas is the cleanest conventional fuel there is. we've got to be smart about this. it's a smart way to go. ♪ [ male announcer ] engine light on? come to meineke now for a free code scan read and you'll say...my money. my choice. my meineke. welcome back. here is kate bolduan with the latest news you need to know right now. >> headlines to catch you up on. a new audit paints a bleaking conditions of one of apple computers major suppliers in china. the survey of 35,000 workers at foxconn's factory showed excessive over time, and salary that is don't cover basic living expensive. shaky cell phone video shows a colorado family's harrowing escape from this week's wildfire near denver. watch and listen to this. >> it's down there now. [ bleep ]. >> whoa. >> there it is. right here, right here. >> oh, my gosh. >> it's okay. we're out. we're out. we're out. >> so scary. they did get out safely thankfully. at last report, though, the fire was only 15% contained. a lot more work to do there. there are lots of raised eyebrows after new york city's education department published a list of words officials want to ban from standardized tests because they're, quote, loaded. ready for them? divorce, dinosaurs, birthdays, religion, halloween, christmas and television. it's an interesting list. >> christmas? halloween? television? >> the whole point, according to a spokesman was some of the words would evoke, how do they put it, evoke unpleasant emotions in students. >> okay. i like dinosaurs. >> i like dinosaurs, too, and holiday holidays, so i don't know. >> all right. kate, we'll seal you in a little bit. coming up, the average price of gas inching closer to $4.00 a gallon. president obama blames the oil companies. a troubling surge in the number of children diagnosed with autism. our sanjay gupta has the details next. years washington's been talking at us, but they never really listen... listen...it's not just some line item on a budget; it's what i'll have to live on... i live on branson street, and i have something to say... 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[announcer] at conoco phillips we're helping power america's economy with cleaner affordable natural gas... more jobs, less emissions, a good answer for everyone. so, by reducing the impact of production... and protecting our land and water... i might get a job once we graduate. impact wool exports from new zealand, textile production in spain, and the use of medical technology in the u.s.? at t. rowe price, we understand the connections of a complex, global economy. it's just one reason over 75% of our mutual funds beat their 10-year lipper average. t. rowe price. invest with confidence. request a prospectus or summary prospectus with investment information, risks, fees and expenses to read and consider carefully before investing. this half hour, stunning numbers about autism that every parent will want to hear. the government now says one in every 88 american children has autism. high gas prices plus tax breaks for big oil. president obama says it's a double whammy on your wallet. he wants it to stop. his critics aren't sold. mitt romney picks up big endorsements. if he clinches the nomination, who is in line to share the ticket? the number of children with autism is way up according to the centers for disease control. it now estimates one in every 88 children is autistic. take a look at how quickly the rate has shot up in 2000-2002 it was one in 150, two years later, one in 125, in 2008, one in in 88. why? our chief medical correspondent sanjay gupta to explain. do we know why such a dramatic increase? >> john, when they do these types of surveys, the centers for disease control and prer vengs, it's what's called a epidemiological survey. they're looking at numbers specifically, the number of 8-year-olds who have autism in this country at any given time, looking at specific communities and extrapolating. they're not trying to figure out causes with this type of study, although that is the question everyone is asking. part of it is probably because we're paying more attention to autism than ever before. so there's greater awareness. as a result, also greater detection. even if you account for that, the numbers still seem to have increased. people always say, john, it's a combination of genes and environment. i will put this forth, and that is that our genes and our human bodies, they don't change that fast. they wouldn't account for a 78% increase over ten years. it takes hundreds of years for genes to change. it's definitely more environment, toxins, infections, exposures. it could also be that parents are having kids later in life, and as a result of that that could be a risk factor or the fact that the parents themselves have accumulated toxins in their bodies, and that could be the risk factor. we don't know the answer. all this information is worth something. it's causing us to drill down more on what might be causing this. >> does it make any difference, the earlier you detect, the earlier you have a screening, does that have anything to do with sort of the care going forward? does the child have a better chance if you detect it younger? >> i think it absolutely does, john. i think that's not just a platitude. you hear this all the time with regard to medical issues, diagnose it early, treat it early. in this case it really is important. i would say that even in the youngest kids, really looking for signs, parents are observing their kids more than anyone. so looking for specific signs in kids between the ages of 6 and 12 months, for example, even that young. kids should be babbling at that age. they may not be saying words. if they're not babbling, that could be a concern. if they're not making eye contact, for example, with their parents. if they're not engaged, don't reach for people or gesture in some sort of communication or reach to be picked up when a parent walks by, those could be concerns. none of them individually make a diagnosis of autism by any means. i have young kids and i know kids can behave very differently even among siblings. there f there's pattern of things, get it diagnosed early, get it treated early and the early intervention seems to make a big difference, trying to teach kids social engagement, even as young as 18 months can make a difference for those kids going forward. >> the costs are astronomical. researchers say as much as $3 million over a lifetime. do most health insurance plans cover it beginning to end? >> i don't think most insurance plans cover this. a lot of the cost on a family is out-of-pocket. it's a huge toll on couples, close to an 80% divorce rate, for example, among couples who have a child with autism. it's a huge toll. >> dr. group tax thanks. gas prices closing in on the $4.00 mark. president obama called on the senate to end multi billion dollar tax breaks. but they said no, even after this nudge from the white house. >> it's like hitting the american people twice. you're already pay ag premium at the pump right now. on top of that, congress up until this point has thought it was a good idea to send billions of dollars more in tax dollars to the oil industry. >> republicans killed the bill. they called it a political stunt that wouldn't lower gas prices. our chief white house correspondent jessica yellin joins us. he's the president of the united states. the price of gas is getting perilously close to $4.00 a gallon. >> you can tell by the frequency of the president's remarks that they new it's a vulnerability. the president is doing what he can to remind voters he's taking this on. they talk about not just the president's efforts to promote alternative energy and fuel efficiency standards, but, you know, this phrase, all of the above, which he took from the republicans. this week they announced what you could describe as the precursor to potential new exploration off the atlantic coast. and also in recent months, early steps to drilling in parts of alaska from a democrat that's unusual. i should point out a new cnn poll shows most americans don't blame the president for high gas prices, but they still blame him partially and it's enough. >> he's on the ballot. the oil companies aren't a on the ballot in november. how much of a role reversal, a polite term, in the sense that 2008 one of his campaign platforms was send me to washington because the clowns that are there can't figure out how to do a big energy poll seerks they can't figure out how to help you. now he's on the other end. >> i was out there every day following him during that campaign. he was constantly hammering on former president george w. bush because gas prices doubled under his watch. guess what, gas prices have doubled under president obama's watch. no matter how much he tries to point out it's because the recession made them artificially low and crisis in the middle east is making them too high, people want action. nothing he can do right now is going to bring them down in the short term. all people are really caring about is the dollars they're paying at the pump. he's paying the price. >> economic statistics starting to get better, this one is a big cloud. jess, thanks. let's get some more perspective. john hofmeister, former president of shem oil company and founder and ceo of citizens for affordable energy. is the president right? he says the oil companies don't need the tax subsidies. the top five oil companies last year made nearly $133 billion. that's $15 million an hour. >> i don't think it's a matter of financial need. i think what i testified when i was still at shell and what i've heard other ceos testify is, if we start selecting companies because of their profitability and discriminate against selective companies that are successful, we really ought to start with apple or pharmaceutical companies, their return on investment, their profit margins are far higher than oil companies. the issue is, and i testified to this, what about the totality of the tax code when the bigger problem is the competitiveness of american companies verses the rest of the world? let's deal with the entirety of it rather than focus on a few companies. >> as you know, a lot of finger-pointing around the country, and especially in town i work in washington over who is responsible for the pain americans are going through at the pump. republicans say this president hasn't allowed enough domestic production. today he tried to rebut his critics. let's listen. >> the fact is we're producing more oil right now than we have in eight years and importing less of it as well. for two years in a row, americans bought less oil from other countries than we produce here at home. for the first time in over a decade, so american oil is booming. >> who's right? >> well, boeeverybody is right everybody is wrong. the actions being taken today, the results we're seeing today were decisions that were made three to four years ago when we had the previous high oil price period. so fortunately, private landowners and states have granted permits to enable the increased production to occur. but let's be clear, the gulf of mexico is in decline because of the moratorium and the slowed down permits since the moratorium. drilling on federal land is down about 40% in the last three years. so for the president to take credit for what's happening on private lands under state permits, he can take credit for it, and in that sense it has happened. but if you really look at what do we need, we need so much more, john. we need so much more domestic production, let's get to ten billion barrels a day where we used to be. what the president is talking about is a 200 to 300,000 barrel a day increase. that's incremental. we're importing ten million barrels a day. let's produce ten like we used to and turn natural gas into transportation fuel like we've been talking about. it needs a plan, it needs leadership. we can fix the problem but only if we get serious about it. >> the question is serious about it. washington hasn't been able to have a comprehensive energy debate in quite a while. the average price for a gallon is $3.92 a gallon, last month it was $3.71. a year ago it was $3.59. is there any end to increases in sight? when people are mad, in our polling, 09% blame oil companies, 83% foreign countries, 78% say it's the situation in iran, 64% says it's obama, 58% says it's gop policies. >> let's blame everybody. the reality is domestic energy companies can only produce oil when they have permits to do so. the vast amount of oil is on federal land and in offshore locations. and the permits are not forthcoming. you blame the government, don't blame the oil companies. on the other hand, we have had this problem for so long, we have been living on imports for so long, it's not just this administration, it's every republican administration since nixon, every democratic administration since carter that has seen this coming and done nothing. and this is the case of this administration as well. >> john hofmeister as always, thank you. republican party still hasn't picked its presidential nominee. but the vice presidential chatter is beginning. coming up, the truth about the man or woman who could be the next vp. what's this? [ male announcer ] quaker oatmeal squares have 46 grams of whole grains... mmmm. ...and a touch of sweetness. you'll be delighted to discover how good they taste. chocolate lemonade ? susie's lemonade... the movie. or... we make it pink ! with these 4g lte tablets, you can do business at lightning-fast speeds. we'll take all the strawberries, dave. you got it, kid. we have a winner. we're definitely gonna need another one. small businesses that want to grow use 4g lte technology from verizon. i wonder how she does it. that's why she's the boss. because the small business with the best technology rules. contact the verizon center for customers with disabilities at 1-800-974-6006. marco rubio is now on team romney, endorsing he says, because it's obvious the former massachusetts governor will be the gop nominee. the freshman florida conservative says don't put him on any romney vp list. >> my answer hasn't changed on the vice presidential stuff. people keep asking. >> still under no circumstances? >> i'm not goings to be the vice president. all right? >> another conservative favorite, paul ryan of wisconsin also shrugs off the vp speculation. >> i'm so focused on my job in congress. if i wanted to be president or vice president so badly, i would have run. i don't so i didn't. >> tonight's truth is a curtain razor to a tradition, governor romney needs to clinch the nomination before thinking about a running mate. he has prohibited any official discussing of the topic in the campaign. that won't stop washington and even some top romney insiders from unofficially stopping the conversation. speculation, rubio, ryan, john thune, chris christie of new jersey, bob mcdonnell of new jersey and tim pawlenty. the early inside favorite is portman, he puts critical ohio in the bank. the downside, like romney, evangelicals aren't big portman fans. romney ran with a woman when he was elected governor of massachusetts. add ceo meg whitman to the list losing her race for governor won't help. the wildcard could be condoleezza rice. top romney advisors suggest this. they say his search would be more disciplined. governor romney went through the vigorous vetting process four years ago. those close to him say he won't put others through that just for show. joining us obama pollst. should i add you to the liss snt. >> no. when your professional athletes say it's not about the money, that's, what, paul ryan and rubio are saying. it really isn't about the money with me. you couldn't melt me and pour me in that job. i think your assessment with portman, john kasich used to be a member. he's been in the governor's chair for two years and probably would be too quick and look like an tunist. i think portman is a good start and i think christie and condoleezza rice, boy, i love that. >> i keep the wildcard open, both because if you want to do something different, governor romney ran with a woman in massachusetts and he has a gender gap. >> how about governor nikki haley. >> has she been governor long enough? governor martinez of new mexico would be great. what about jeb bush or mike huckabee? >> that doesn't help with the gender gap. here is the problem with the gender gap. right now the president is running with a larger gender gap. >> let's put it up. i want people to see it. among men, the president has a 10% lead, among women, 60% to 37%. >> by the way, if he takes that margin into november, every congressional swing seat in this country is a toss up for women voters. however, they're still going to be on the wrong side of the issue for women. still on the wrong side of contraception, still on the wrong side, supporting the blunt thing. still on the wrong side on environmental issues like clean air and clean water that are awfully important to women. >> i think contraceptive, that's more of a religious issue. if you're talking about profiling for governor romney, women, black people, hispanics, where is a vice president that's going to profile that well, evangelicals? >> here is the interesting thing about mitt romney to me. if you look at where his problems are, it's not unlike john mccain was back in 2008 when he went for the now famous game-changer. he went for sarah palin. there's something that soys to me romney won't want to do that. maybe your theory is right. he would go with somebody romneyesque. >> i think one of the things -- senator rubio has made a lot of fans in both parties, particularly in the conservative movement. i think the palin experience minimizes the likelihood of a first term senator or governor getting the pick. do you agree? >> i do. the game-changer thing, john mccain needed something because he was poor with the base. but that problem still -- that's my point, the problem still exists with governor romney. >> you think he should pick palin? >> it is about the money with her. >> i hate to pile on. it's problematic, and i feel sorry for you. it's problematic -- >> no, you don't. >> -- when you have to have a conversation about who can we bring to this ticket to energize the base of the party? >> i totally agree. >> part of the conversation about joe biden four years ago was looking at the -- >> we didn't say he would energize the base. >> no, it was looking at where the president was hurting, pennsylvania steel country where hillary clinton kicked president obama's butt. that's one of the reasons you went with the scrappy kid. >> people don't vote for the vice president. >> does it really matter? >> it can hurt you i think. >> it's the first test of judgment. when you look at a presidential candidate, this is the first big decision a president makes. john mccain's first big test was sarah palin. as i said, i don't think mitt romney would repeat that because i think, having been through it, he kind of understands. i think he's going to pick somebody who he thinks can become president. >> it can't hurt you, but don't get it wrong. >> that's right. >> do no harm. do no harm. >> but can he pick a chris is that two guys from the northeast? >> too liberal. i think it's too liberal for the base. >> if you look at where chris christie was early on, i think that's right, it is too liberal for the base. it doesn't solve his problem and that is conservatives still don't trust him. >> i still think that ohio is a sexy state -- >> that's the way of doing it, get an important state. lock up a state. >> what about mitt romney isn't old school? you know, he is an old school kind of politician who would look at the map. >> he's a methodical powerpoint ceo. >> no republican has ever won without the state of ohio. >> i want to play a snippet here at the end. george h.w. bush endorsed governor romney today in houston. bush 43, george w. bush, came up a little bit at the end. let's listen. >> you know, i haven't met with president george w. bush. we speak from time to time. >> has he endorsed you? >> ah, no. >> the elder bush had to turn and ask he hasn't endorsed you about his son. barbara bush said they're in touch all the time. >> i want him to endorse him. >> of course you do. >> do these things matter? you get marco rubio, young, tea party, good with the conservative base. george h.w. bush, some conservatives are still mad because he broke read my lips, no new taxes. is that proof -- i know you're a newt guy. but is that proof the rally around romney thing is accelerating? >> john, he did that prior to today. he made that endorsement a month and a half ago. i'm telling you h.w. bush is the consu consumeate gentleman but i don't think he does anything with the people romney needs help with, evangelicals, tea party, women, i don't think he moves that needle any. >> i don't think george w. bush does much for those people either. >> cheney? we'll leave that as the last word. >> al sharpton. >> there you go. thanks. "erin burnett outfront" coming up at the top of the hour. the house approved congressman paul ryan's budget on the house side. but you still think superfail, why? >> superfail because this isn't going to go anywhere in the senate and it's very frustrating for all americans. whatever side of the aisle you're on. in terms of dealing with some of the big problems that we have. so frustration today but we are joined by senate budget chief kent conrad, a man who, as you know, john, said hey look, you know what, i'm so frustrated with what's going on, my number one legacy toys try to deal with the deficit problem and the best way to do it is leave the senate and not be the guy in charge of writing a budget. he's going to be our special guest tonight at the top of the hour. >> a lot of the people who like to get things done are leaving and that's a bad sign for the nation's capital. we'll see you in just a few minutes. if you don't know this and you think you're lucky, the mega millions jackpot now $540 million and rising. the biggest rise ever in america. are you going to grab a ticket? split your winnings with me? and one of your favorite newsmen is back. how will ferrell announced the "anchorman" sequel. two hints, it involves a flute. we always hear about jobs leaving america. here's a chance to create jobs in america. oil sands projects, like kearl, and the keystone pipeline will provide secure and reliable energy to the united states. over the coming years, projects like these could create more than half a million jobs in the us alone. from the canadian border, through the mid west, to the gulf coast. benefiting hundreds of thousands of families throughout the country. this is just what our economy needs right now. but sometimes i wonder... what's left behind? 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[ male announcer ] ocuvite. help protect your eye health. here's kate back with the latest news you need to know right now. >> hello again, everyone. this is a potential problem in getting evidence for the upcoming trial of army staff sergeant robert bales. the u.s. soldier accused of massacring afghan civilians. a u.s. official tells cnn, quote, we do not have access to the crime scene or in the words of bales' attorney, there is no crime scene, no dna evidence, no fingerprints and no confession. and today leaders of the arab league opened their first-ever summit to be held in iraq since 1990. they focussed on the middle east's latest trouble spot, syria. iraq's leader warned efforts to bomber either side in syria would result in what he called a proxy war. airport screeners in philadelphia caught a 29-year-old man trying to carry flash powder and fireworks onto a united airlines flight this morning. he says he forgot that they were in his backpack. i guess so. the man was arrested although federal officials say there's no indications of terrorism. at big dreamers across the country are lining up to buy tickets for tomorrow's mega millions lottery drawing. the jackpot $540 million and growing. it is a record for any lottery. and i know you all were wondering, mystery solved. maryland's cop -- maryland cops recently pulled over bad man for or at least a guy in a batman that didn't have the right license place. his real name is lenny robinson and he's been visiting children in the d.c. hospitals. he does a lot of great things cheering kids up and giving them some hope. >> there's batman. looks the part. >> quite realistic looking. >> who put that question mark in the teleprompter? joking. finally, tonight's moments you may have missed. "anchorman" is back. will farrell reprising his role. after a few jokes and a jazz flute solo, here's how he broke the news to conan o'brien. >> as of 0900 mountain time, paramount pictures and myself, ronald joseph aaron burgandy have come to terms on a sequel to "anchorman." >> oh, the lines we could quote. >> quote, go ahead. >> i don't know if you know this, but john does like to threaten that he's going to quote his favorite line right before every time we come on air. do you want to do it? >> san diego? >> you can do it. >> settled by the germans. >> i think it's great.

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