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are we going to go with this revolutionary or that revolutionary? from new york, good night, america. captioned by, closed captioning services, inc. >> geraldo: happy halloween. i'm he going. of all the trick or treating and halloween celebrations across the country the hottest ticket was at the white house with 2,000 kids from five washington elementary schools and from the military along with their parents greeted by the first family at the front door of 1600 pennsylvania avenue. and at a year when the obama man spoke straight and zombie is among the most popular costumes perhaps it is fitting that the president came as himself, dressed in casual weekend attire. the president's mother-in-law came as herself. the first lady was a leep pardons complete with cat ears around along with the daughters they all joined in handing out candy. the obamas passing out goody bags loaded with white house m & ms with the president's signature on them and a sweet butter cookie baked by the white house pastry stop. the biggest thrill according to many of the kids was just meeting the president and his family on halloween. celebrations elsewhere including the flam buoyant, outrageous greenwich parade, the hottest costume, thrill of vintage michael jackson and this kate goss lin. octo mom and her brood also very big. swine flu also making a big appearance this year. the swine flu as well as disgraced windler bernard madoff. if you are not that into halloween or baseball the top story this weekend is probably politics because whether you live in either virginia or new jersey, intense national interest has focused on those two state governors races in the absence of broad congressional elections this year. everyone wants to know how and how much the popularity or lack of it of president obama will impact the vote on tuesday. so far the impact is hard to tell. at least it is mixed. in virginia, the republican candidate for governor, bob mcdonald seems a slam dunk. he leads democrat grey deed by double digits. 54.6% to 40.3% according to the real clear politics consensus. and the black and liberal voters that gave the commonwealth to obama the first democratic presidential candidate to carry virginia in 44 years seem less than fired up ready to go. most observers blame that on the ineffective deed's campaign. that is mcdonough you are look at. in new jersey, deep dissaskatchewan with the democratic incumbent jon corzine on your left. he closed the ones deep gap with christy. this one may turn on voters for the third candidate in the race, a liberal independent who is polling around 12.3%. joining me now, a mystery commentator whose face adorned most cough drops, here he is, the star of his own hit show. >> not any more after this, i'm sure. >> the once and future presidential candidate my friend mike huckabee. looks good on you, though. >> i'm trying to be geraldo rivera tonight. >> arkansas had the largest increase in hispanic population. you will carry your home state for sure. it could do wonders in the northeast and southwest, governor. >> trick or treat. >> let me -- you can resume your look. >> yes, indeed. >> in the new jersey race what generally speaking happens to the voters who say the they are going to vote for the independents in the days leading up to a race as close as this. >> they take away from obviously chris christy. the incumbent has a certain level of car cache. he is very unpopular. even though the reelects are essentially what ordinarily would be in the tank the presence of the independent is causing people who say i don't want corzine to split. >> geraldo: i get it. >> it could end up being corzine not because new jersey loves him and wants him but because the people who don't want him, a far greater majority have split and let him keep the -- >> so he will give the race to the democrats. >> that is exactly right. they are voting for not corzine. new jersey is a very, very blue state. not a sit that is typically going to swing republican. it takes something special. if this were christy and corzine, christy would be running away with it. you have rudy giuliani and jeb bush turned out four christy. and for the third time tomorrow the president of the united states for encore dine. our molly line asked the governor about the unprecedented assist from the white house. >> just one quick question. the president here for a third time. unprecedented visits. do you think in the final days there is a sense of concern on the white house and the national implications of the race. >> this is not a last minute decision. this was part of a plan to work together. we have been partners on turning our economy around and investing in jobs, saying jobs. >> i think it is good for the president, if we win at the end of the day the most important issues that people will consider when they go to the booth are things here in new jersey. f it fires up my base and democrats and people interested in keeping the momentum that president obama has laid down on turning our nation around from the disasterrous eight years of the bush administration, trickle down economics that failed, cost americans seven and a quarter million jobs, i if it fires upe base i think it is great. >> geraldo: corzine's challenge letter tried to minimize the president grass potential impact. here is chris christy. >> he has president obama coming in here on sunday. >> boo! >> unless the president is going to come in here and tell us he is adding a 51st state we can't do worse than we have done under jon corzine and when we put in the common sense reforms we are talking about in four years, new jersey will be back to greatness and we will be much, much better but we have to do it. >> 72 hours to go and we got to get to work because our state is broken. and we have a governor who is just telling us give him four more years and he will do more of the same. we could barely afford the four he has given us. we got to kick him out on tuesday! >> geraldo: if the republican can't win in new jersey in this year, can they ever win. new jersey has the highest property tax. i live in new jersey. probably the worst national reputation. we are the bunt of every joke. the highest property tax. the worst infrastructure in many ways. jon corzine has been extremely undistinguished i think in all fairness to the incumbent governor and chris christy still down from a double digit lead. what is going on? >> still the presence of the independent. if that were not the case this would be a republican victory decisively. >> what about the presence of the president of the united states? >> it is not seeming to move the numbers. he has been in there now time and again and the numbers for corzine stay the same. one of the things that people misunderstand, the endorsement of an odder or the presence can bring people to that event and can even bring some attention. but it is the candidate that people vote for or vote against and they don't necessarily transfer loyalty. if they did, think about what is going on in virginia. deeds would be on top. barack obama got 57% of the vote in virginia. that was stunning for a democratic to get that. two democrats elected governor in a row there. now, deeds is going to get crushed by probably 14-15 points and obama has been there on his behalf and it hasn't moved the numbers as all. >> geraldo: i agree with the premise generally, governor. in terms of political mechanics you are a master and really understand what goes on. on the other hand, deeds as a candidate has seemed really schmucky. he didn't campaign at all over the summer. he was raising money, he wasn't campaigning. i don't know where he was, on the farm some place eating straw. >> he hasn't been the most effective candidate. but if there was any power that obama could bring to the race, he would have done so. what i'm saying is all the visits to virginia didn't move the numbers for deeds any either. in fact, they started moving downward because people in virginia are not satisfied with the obama policy. >> geraldo: let me ask you this about deeds and about virginia specifically. isn't that the kind of state, the commonwealth of virginia that really is going through a slow demographic evolutionary process and will trend more democratic in the future? isn't that what is looks like, the black and liberal vote with outnumber -- >> it will appear to but i think not necessarily. the republicans made a big mistake in thinking they have move to what i call the mushy middle to get people. the republicans if they all come home can win elections but they have to stand for something and tie together the fiscal conservativism with social conservativism. they are not going to vote for someone who will push for a strong abortion agenda. >> geraldo: you mentioned the mushy middle. later in the program we will talk about what happened in the 23rd congressional district here in upstate new york where a mushy middle of the road republican candidate was crushed and had to withdraw from the race in favor of a conservative party candidate. we will talk more with the governor on the other side of the commercial break. coming up, ann coulter on levi johnston's appearance nude in playboy magazine. and a sobering reminder of the cost of staying in afghanistan. all after this. my digestive system didn't always behave. whatever i did my digestive upsets came back. but then came align. only align contains bifantis, a patented probiotic. it promotes a healthier digestive system helping to restore my natural balance with ongoing probiotic protection. align brings peace to my digestive system and to me. try align and discover a world of digestive peace. obviously it was a sobering reminder of the extraordinary sacrifices that our young men and women in uniform are engaging in every single day and so may shel michelle and ie constantly mindle of the sacrifices and obviously the burden that both our troops and our families bear in any war-time situation is going to bear on how i see these conflicts. >> when the president makes h his decision i think that will be evans department. >> this is not an open-ended never ending commitment. there might have been too much emphasis on the central government and the idea that there could be some kind of nation building that would transform afghanistan overnight. we don't accept that. we don't think that is going to happen. >> geraldo: that obviously the secretary of state hillary clinton who had a bravora performance in afghanistan. at the dover air force base to meet the returning bodies of our fallen heros including three dea agents killed last monday in afghanistan. on that topic this is a fox news alert. we are getting word that any decision on a troop surge for afghanistan will not come, let me repeat that, will not come until after the president leaves on a planned trip to asia on november 11th which also means that the decision will come after the afghan runoff election now scheduled for a week from tomorrow, november 7th. here is the rub, what we don't know is whether there is even going to be a runoff election in afghanistan because the president karzai's rival, dr. abdullah is threatening a boycott of the runoff because of his concerns that the same corrupt officials who stole the last election are still doing the same dirty jobs in the runoff. if there is a boycott by the challenger does that mean that the runoff election is illegitimate and should a boycott by dr. abdullah affect president obama's crucial decision on the troop surge in afghanistan. secretary of state clinton says it does not delegitimatize the election even if abdullah stays home. >> makes it difficult know one of the candidates says he is not going to participate because he doesn't believe in theintegrity of the eat election. >> geraldo: where do we go from here? >> i think the president has to make a decision. the longer he waits and allows this to continue fess territoriesing the more confidence he is giving to the taliban and to al-qaeda in this regard. they will view this as a sign of weakness and every military person with whom i have spoken believes very strongly that. it doesn't necessarily mean that is a sign of weakness but they will perceive it that way. >> geraldo: i thought and i have been saying in the last few days that the president was waiting until after the runoff election to announce his decision but he wanted to wait to see a legitimate government put in place in afghanistan. you are saying that it doesn't matter about the government. >> with or without a legitimate government we are going to win in afghanistan or we are not. we are going to be committed to getting the taliban targets in afghanistan or not. the government would be helpful if it were legitimate but it doesn't preclude the fact that we have serious issues and frankly the bigger issues are in pakistan and i was saying that three years ago and laughed at for it. >> geraldo: nobody is laughing at you now. secretary clinton already gone from the frying pan in pakistan over to israel but had harsh words for the pakistanis during her time in that country about their harassment boring fugitives -- harboring fugitives, al-qaeda and others. here is secretary clinton on that. >> geraldo: do we not have it? well, you know what she said. she said that al-qaeda had safe haven in pakistan since 2002 and she the secretary finds it hard to believe that nobody in the government of pakistan knew where they are and could get them if they really wanted to. it is about time pakistan heard that, that we know that they are full of b.st and they know there has been al-qaeda in their national stair torrey and not like they -- their territory. >> there is a reason they are hesitant to take al-qaeda out and only as long as they act like they don't know where he is. we are still interested in pakistan. what if we get them? the united states loses an extraordinary interest in pakistan. that is one of the most unstable countries on the globe with nuclear capacity. that is frightening and they are not going to walk away from that easily. >> geraldo: and we can't ever lose interest in nuclear armed. >> we can't. >> geraldo: two arkansans in the world series. >> i the three dea agents killed in afghanistan last week. correspondent was with that unit shortly before their deadly encounter. he is next. >> geraldo: while it might seem counter intuitive to all of you of all the commentary since the war began on 9/11 the person with whom i have most consistently agreed it my next guest, my colleague, marine colonel oliver north. you have just come back from afghanistan where you were embedded with the unit the drug enforcement administration with the gis going after the drug ban in the country and we just had a tragedy involving some of the same dea agents. tell me what their mission is. >> their mission is to take the narcotics out as an equation with the taliban. the taliban are today being supported try marely through the opium trade and opium is the number one product grown and exported from afghanistan. dea presence in the country since you and i were there last year. the presence is over five-fold increase. more than 80 agents on the ground. >> geraldo: before we talk about something that ended tragically and very recently describe as we run the footage how exactly they operate. >> they are not wasting their time going after somebody carrying one or two kilos. this is millions of dollars worth of heroin, on pe opium me base and the precursor chemicals. >> they look like soldiers. >> they do. one killed monday night was a u.s. marine reserve major and a dea agent. i never met any better than these guys. >> geraldo: you mentioned a five fold increase in the strength of the dea there, but even that, can that stem this huge tidal flood of dope coming out of that country. >> what it does is it makes the corruption which is, of course, rampant all over afghanistan at every level of government, it takes that and makes them think twice whether they want to continue to do business with the drug dealers. >> do we want to continue to do business with the karzai administration assuming he wins the recount if the allegations of corruption, drug money tainting his government election? >> as you and i know, there is corruption at every level of government throughout. there are as you and i know, very honest, hard working honest afghanis who want the best for their country. what has to happen, just like it happened in colombia, top down you have to start working on the corrupt problem. >> geraldo: and cut down on the demand for this dope which is whack in the world. >> it is. >> what went wrong monday night? >> the operation went flawlessly from planning to excuse. one of the participants, one of the guys i was with a few weeks ago described it to me. he said there was a brisk fire fight on the objective. >> geraldo: brisk fire fight. >> we accomplished our mission and cot detainees and we were on the way back. the first bird lifted off and the second bird struck an obstacle as best anybody could figure. those in the lead forward in the airplane were the ones killed. almost everyone else was wounded. there was a 40 minute gunfight because the insurgents just engaged just a few hundred meters away closed in on the down aircraft and they defended it until the quick reaction force got there to extract them. remarkable courage from the wounded men all on the ground. >> geraldo: set up the dedication piece you have done. >> these are agents i spent a lot of time with and i have seen a lot of guys go. this is the single biggest loss that they experienced in this engagement. the first time the dea has been in a war zone as they are today with such a large number of people. when you spend a lot of time in the field you talk about family and things like that. my heart grieves for them and they should be honored as they are being honored. thank you for putting this on to honor them. >> geraldo: thank you and we will watch the dedication. roll it. >> some say this war is no longer worth the cost. but most of them aren't the ones paying the price. there are men who refuse to think that way. they choose to invest their lives, their youth, their futures in a difficult and dangerous cause because they know what they are doing will make the world a better place. they know they are the right men for the job. in carrying out their missions they for fit the comforts of home and aphoenix of loved ones to go into harm's way. their courage, skill and tenacity rarely make the news but what they do protects us all. we remember special agents chad michaels, forest levy and michael westin not for how they died but for how they dared to live. may their sacrifice be honored by the way we live our lives. we will never forget. >> geraldo: coming up, we will be back live. a great divide is revealed in the republican party as tea party activists and others on the hard right defeat the gop's chosen moderate candidate in a special congressional election here in update, new york. it's right after this. the world could use a little more space by moving 35,000 truckloads of freight each day csx trains give you more room on the highways because the world could use a little more space csx. how tomorrow moves. you're watching america's news headquarters. i'm lauren sivan. cleveland police have arrested a convicted sex offender following the discovery of at least six bodies in his home. 60-year-old anthony seoul was captured earlier in the day. he was wanted on felony rape and assault charges. police found the bodies when they went to his home last thursday with a search warrant. new york city police arrested a man accused of setting a small fire at the 9/11 memorial park. that is a temporary home for the remains of thousands of world trade center victims. the fire burned a wooden bench and mementos but the remains were not damaged. a wild scene in new york city where they donned the great and ghastly for the 36th annual greenwich village halloween parade. half a million took part in the spectacle and another two million enjoyed the fun from the sidelines and fun was had by all i'm told. lauren sivan. we now head back -- if she is going to go out there and say stuff to me about me i will have things on her. there are some things that i have that are huge and i haven't said them because i'm not going to hurt her that way. i have things that would get her in trouble and could hurt her, will hurt her but i'm not going to go that far. if i really wanted to hurt her i could very easily but i'm not going that far. i'm sure sarah has something planned, she said don't say anything to him and i'm sure she has something coming for me. >> geraldo: before i get to levi john ton's escalating feud with the woman who was almost his mother-in-law, sarah palin, and levis who plans to pose nude in play boy magazine, this is big political news coming out of new york state. with the intense focus on the races in virginia and new jersey, less noticed but i think more significant is what just happened here upstate where the republican candidate in a special election for congress has just suspended her campaign for a seat her party has held for more than 100 years. a moderate republican abandoned the three way race after trailing democrat bill owens and the conservative doug hoffman in what is viewed as one of the battles for the soul of the republican party, she was lagging behind both men, after big name republicans like tim pawlenty, fred thompson and sarah palin all endorsed hoffman over their party's nominee. are moderate republicans and endangered species. ann colter and kirsten powers given the debate the party seems like a big deal. >> this is a huge deal and i hope we can gin over dee dee on abortion and gay marriage. what she said was totally honorable. this is massively big and i don't think hoffman would have even challenged her if it had been a regular primary. once in awhile will are liberal republicans that win primaries. she didn't win a primary. she was chosen by republican committee members and was so liberal it was way beyond just your average liberal congressman. everyone especially on the other networks keep talking about this district as if it is a republican stronghold. >> a hundred years. >> but they went five points for obama. that should be the headline. that is why obama chose congressman mccune to become the army secretary. >> geraldo: the republican moderate is now secretary of the army that was his congressional seat. he left and that is why we are having this special -- >> obama specifically chose him to pick off that district. >> geraldo: he took the job. >> the democrats just won gillibrand's district. >> geraldo: and yet newt gingrich says the republicans have to have prochoice candidates and they have to have some liberal candidates and have to have a big tent or they will be a perfect minority that remains a perpetual minority. >> but in terms of moderates it is not just here. it is across the board. it used to be when you look at the senate and there was quite a few moderates and it has just been a shrinking group of people for quite some time and i don't think that -- >> geraldo: in both parties or only on the gop side? >> i think in both parties. there used to be a lot of southern democrats who were moderate democrats who are gone now, who were real leaders. i don't think that is the trend any more and i think in both parties you are seeing the base of the party come out and demand that they want allegiance to certain principles and i think the conservatives are being a little more effective at it than the liberals are. >> geraldo: i think this means you will never have a colin powell, you will never have republicans like me in running for elected office. they will all be, you know, prolife, antigay marriage, very socially conservative. >> what a wonderful thought. >> geraldo: and that will define the republican party as the other side defines the democratic party. >> i think that would be good for the republican party as we see in poll after poll there are more conservatives than there are republicans. there are more conservatives than liberals in america. conservative is a popular label. republican not so much so and as much as we want you in the party, i do have to say again. >> geraldo: i don't believe you. >> we will have colin powells, if you want to run as a republican and you win the primarily, fine. this was not a primary win. >> geraldo: whatever you say about sarah palin, i think that she is the clear winner here is. she went upstate new york and she campaigned for the conservative and she got the party to dump their own nominee. i think this shows that she has considerable clout. >> i always said that. i mean i think a lot of people are dismissing her but she clearly is the one person in the republican party who can actually get people excited. and, you know, she is the person that everybody turns out to see. you don't see people beating down doors to see mitt romney. she is somebody who i wouldn't vote for obviously but somebody who is in touch with where the conservative base is. >> geraldo: well, i think that in touch with the conservative base, i think she is a big winner. her book "going rogue" which debuts on november 16th is already number one on amazon and barnes & noble. but if there is a fly in sarah palin's ointment it is a fly in levi johnston that had somethings to say. >> she said if she with say it regularly and i was just like, you know, she was -- i think she was joking but still, you know, it doesn't make it right. >> geraldo: now, there he is referring to her little child. here is sarah palin's response. we like many are appalled that the inflammatory statements being made or implied trigger option the child is our blessed little angel who knows it and is lovingly called that every day of his life. you don't like the media talking about levi johnston? >> no, i think it does not tell us anything about sarah palin. i mean she moved her daugher to another school to keep her away from this white trash idiot. >> bristol. >> geraldo: white trash idiot. >> which is hilarious. i love the interviews with him. you can't help laughing listening to this we can. what does it tell you about sarah palin other than it all inures to her benefit. the only reason they keep showing it is to cause her family pain. her daughter doesn't abort the baby. they try to if you want to marry the white trash idiot we will go along with it and she breaks up and now the guy is out posing for playgirl bad mouthing here and crazy ways bad mouthing here in ways that -- for example the business about her not cooking. you know, she fired the governor's chef. we see her on tv on cbs showing levi how to marinate a roast. he says that he was living at home with bristol in the palin household. easily disprovable things he is coming out with. while you don't get fact checking in the mainstream media. >> if she was the kennedy and he was the same kid he would still get plenty of press. >> i don't think so. >> let's look at the credibility of this guy. >> geraldo: youngsters so guy. >> so you are agreeing with ann. >> there is a child involved in this. that just says everything you have to know about it. think about that for you as a father what you were doing. you were going out and trashing your child's grandmother? again i'm not a fan of sarah palin but i have to look at this guy and think he is the first one who came out. he is the first one who is saying all this stuff. he has no credibility. he is just a little dirt bag. that is what i see. >> his mom is now in jail for selling oxycontin. >> right. >> i don't understand why we take anything he says with any sense of credibility. i do not understand it and i do not believe that somebody of the same status was coming out against a kennedy would be on the level of shows that they are on. this is kind of -- this is really like tabloidy. it is barely tabloid level, i think. >> geraldo: barely rises to tabloid level. he plans on posing nude in playgirl magazine, november 16th. the same day governor palin launches the book on oprah. levi on getting nakedgetting in playgirl. >> a lot of people will look at t as not a good image. we are going to do it tastefully and we don't want no bad boy image. i don't want to be looked at as someone who would get naked for fame and that kind of thing. i'm not going to just go out there and get naked. i think when people see tle not be like what they think. it will be good. she is doing her thing and i'm doing mine. she is doing book and quitting governor for her money. i don't see how we are kind of on the same page here. >> geraldo: not worth discussing. >> at least they are going to be tasteful. >> the full front nude shots in play girl. >> what else is there to say about this guy? >> geraldo: he has fans. he will be hosting extra. or entertainment tonight. >> that is the thing. he is trying to become famous. he has nothing else going on. he doesn't -- i mean the minute i saw him, i knew that this was going to happen. i just thought i knew they wouldn't get married. i knew that he would pursue his 15 minutes of fame and milk it for as long as he could and that is what he is doing. >> geraldo: governor palin had a scathing response to johnston and his playgirl plan says those who would sell their body for money reflect a desperate need for attention and are likely to say and do anything for even more attention. i must say as i thank kirsten and ann coulter that i clearly agree that people who pose in playgirl are -- desperate for attention. coming up, they are all going on trial for feeding her the drugs that killed her. anna nicole smith's boyfriend, her shrink and doctor all going on trial. an exclusive interview with anna nicole's mom, that is coming up right after this. so, what's the problem? these are hot. we're shipping 'em everywhere. but we can't predict our shipping costs. dallas. detroit. different rates. well with us, it's the same flat rate. same flat rate. boston. boise? same flat rate. alabama. alaska? with priority mail flat rate boxes from the postal service. if it fits, it ships anywhere in the country for a low flat rate. dude's good. dude's real good. dudes. priority mail flat rate boxes only from the postal service. a simpler way to ship. you hungry? yeah. me too. 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(announcer) brink's home security is now broadview security. call now to install the standard system for just $99. the proven technology of a broadview security system delivers rapid response from highly trained professionals, 24 hours a day. call now to get the $99 installation, plus a second keypad installed free. and, you could save up to 20% on your homeowner's insurance. call now - and get the system installed for just $99. broadview security for your home or business - the next generation of brink's home security. call now. >> geraldo: back live. they are finally going to trial. the three central figures in the dark and dreary world of anna nicole smith had been ordered to stand trial for pumping the former playboy model full of drugs in the last sad years of her troubled life. the judge in the case just ruled that her lawyer boyfriend, howard k. stern, her doctor sandeep kapoor and her sighky trust will face -- psychiatrist will face charges. and remember that clown video that we first showed you? a pregnant anna nicole so stoned that she thought a little doll was her baby. the judge in the case ruled that the very video will be admitted as evidence in that trial. and how does anna nicole's mom feel about the latest developments? craig has the exclusive interview with virgie arthur. >> do you think it was because they provide drugs to your daughter that she died? >> i believe that the doctors made it possible but i believe that howard was probably the most enabler one that gave it to her. >> vir gee arthur wants to see justice done at the upcoming of the three. >> i think justice should be swift and fast. >> a superior court judge in l.a. told federal prosecutors they proved that anna nicole smith was a drug addict and charged smith's lawyer, shrink and doctor with feeding her aniction before she died of an accidental overdose in 2007. all three have plead not guilty. >> what about when they say that they were doing what anna told them to do. >> you don't help a drug addict kill themselves. if you love them, you stop them from doing harm to themselves. and if you watch this case you will see that she stopped to stop them herself but was unable to. >> howard k. stern claims that the drugs that he was providing her for were seizures. >> i talked to the doctor and asked him about her having seizures and he said the medication she is taking could be the reason why she is having seizures. arthur became enmeshed in a custody tug of war between howard k. stern and larry birkhead. she was accused of looking for the multimillion dollar estate to which dannielynn could benefit. she dropped her claim when it was proved that birkhead was, indeed, the baby's daddy. >> she is nye only link to my daughter and my grandson. >> and when you hear things from larry birkhead saying he might have ultratearor motives. >> he needs to get a job and support his daughter. and whatever moneys should be put in ann count for her when she gets old. admit inside evidence, the home video shot by howard k. stern showing anna accompanied by ford shelley junior's then 8-year-old daughter. >> cut the tape off. >> i think she was on drugs. >> what does that tell you? >> it tells me that he purposely did what he did. and that the little girl could see it. she saw that there was something wrong and begged him 20 do something about it and he did not. he rue fused to. >> what if the trial goes on with howard k. stern and they are found not guilty, would but be satisfied that they would be free of built or would this go on? >> they will never be free of guilt in my mind, in my heart, no. >> geraldo: okay, craig. you know what i want to ask you just about her lawyer, the famed john oh quinn, big judgments in tobacco cases and other cases. he was with virgie when they were fighting over the custody of anna nicole's body. he passed away, right? what happened? o'on thursday the john oh quinn, he tragically passed away in a car wreck just three miles from his home. virgie who he is representing her probono calls him her knight in shining armor she is devastated. however, the law firm is well funded by many of the litigations that you mentioned so his firm will continue to represent virgie arthur. >> geraldo: craig, thanks. when we come back. >> karch: our kimberly guilfoyle and bo deadle joining us. kerik beforeie care rick it's too late. and the great mustache wars, after this. >> geraldo: we're back live, ever. before i deal with this gross injustice happening to our old friend new york city police commissioner bernard kerik and then on a lighter note the great must catch wars, we have -- mustache wars we have been talking about about anna nicole and howard k. stern and her doctors going on trial for prescribing the drugs that killed her, i want to ask kimberly guilfoyle, a former prosecutor in l.a. county where the case will be tried, was it ever a close call on the clown video being introduced as evidence? why the big fuss about the question. >> it is shocking that is is such a big hurdle. i think it is highly relative as to whistling or not she was under the influence and howard k. stern encouraged that and how she behaved in front of an 8-year-old child this was asking for help who could that this woman was suffering. i think it is explosive evidence in front of a jury and he should be concerned. >> geraldo: will it be a forerunner to how they will go after the michael jackson doctors? >> you have witnesses there. and female witnesses showing anna nicole getting the drugs in this punk kid. there are doctors. when they are supplying two thousand pills a month there is a problem there. doctors have to be responsible and called out. how many pills did you give out in one month to this woman and when you are giving 16 different prescriptions, they have a responsibility. the same as michael jackson, the doctors are responsible. they give it prozac out like it is candy. >> like drug pushers. >> that would have been the least of her problems. >> geraldo: i'm pleading with you folks in the audience on this. i have never done this before. this is awful what is happening to bernard kerik. it is now being widely reported that our friend and frequent guest, the former new york city police commissioner bernard kerik is not faring well behind bars. real fear now for his psych logical well, being. small wonder as i reported the hero cop on trial for a relatively minor corruption charge for what he plead guilty in state court has had his bail revoked by a federal judge as if he was a child molester and rapist and murderer. right now, all of us fear that bernie is breaking down emotionally under the awful stress of pre-trial imprisonment. no bail? separated from his wife and young children? his financial, professional life in ruins. please, kimberly, i never heard of this. >> i think it is outrageous and i cannot believe that this is happening in this country, especially in is man who should be reveered and praised for his accomplishs. >> what did this federal judge do for us on 9/11. i know where bernie was on 9/11. >> where is bernie going? no where. his house is mortgaged up. where the heck is rudy giuliani. he brought him up and made him the correction and police commissioner and wanted him to take the homeland security job. rudy pushed him to do the homeland security. where is he now. come out publicly. make a statement about this judge like you are doing and i'm doing. also, help your pal out a little bit. this guy gets me really irking. running around in new jersey with chris christy. get out here and help our friend bernie kerik. >> we said a lot of nice things rudy giuliani. he was his friend. >> stand up for him. he owes him that at least. >> it is the god father of his kid. he made rude di rudy giuliani d father. he was tried in the bronx. he copped out to a plea. now, they are recharging him because of him going through the vetting when went for homeland security. it is not -- >> geraldo: ladies and gentlemen, this is the most -- this is a travesty. >> it is. >> talk about activist judges. this is a travesty. this is a shame. >> judge, got to let him out. >> geraldo: i don't want to leave you on this note. john stossel was my colleague at abc news and he came to fox now. fallon said how could there be two mustaches on one network? take a look. >> geraldo rivera lost out. he is shaven. he's done. mustache man what. the winner, body champion geraldo rivera's mustache! >> sensational! >> free better m bernie kerik!

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