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Insurance, the mandate doesn't go into effect until the year 2014, and as you just have been reporting, that faces a legal challenge can you constitutionally demand and enforce the purchase of a product in a constitutional democracy. martha: and maybe therein lies the reason they're calling it a tax and not a fine. >> that's it. martha: stuart varney, thank you very much. bill: this morning, the justice department is reviewing whether or not to appeal a federal judge's decision to order the release of a key al-qaeda suspect out of gitmo, he's been called the highest value detainee at guantanam...

Life-saving cpr on michael jackson in order to conceal evidence, that would suggest that he committed a crime, meaning the vials of drugs that he was using, the propofol, the anesthetic that he was using to give as a sleep aid for michael jackson. the bodyguard said he told him, he stopped, gave the vials and also the i.v. that was being administered in michael jackson's leg, and that is something that the prosecution is going to use in their case. bill: so the inference is this guy was doing a clean-up job before the ambulance arrived essentially, right? >> to save himself. that's the allegat...

To prove that he killed michael -- >> bill: i hear your point here. i'll trying to figure out on how courts rule on eyewitness testimony. >> it's up to the jury, are they going to like alvarez or say he's trying to save his back end by telling the prosecution the story they want to here and what's more likely to be true, the account you give at the time or the account you give after two months once you've been in the hands of the prosecution? that's going to be the credibility issue. bill: is it the witness news or can you say we've got the evidence on the doctor already? >> i think they're bo...

Martha: it could ground international flights. bill: we'll check on that in minutes.  [ jennifer garner ] there's a lot of beautiful makeup out there... but there's one that makes your skin look better even after you take it off. 98% of women who tried neutrogena healthy skin makeup thought so. does your makeup do that?

Night. >> ♪ >> that our flag was still there ♪ >> ♪ martha: pretty fired up to me. is that a great way to start the game? or as some say, is it disrespectful? why they're saying that, we'll report, you decide. bill and i are right back with it.