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Mickey sherman, was incompetent. that he in fact didn't properly investigate the case, that he had financial problems of his own that impeded his ability to be a good defense counsel. so the court has reversed, saying he was denied adequate counsel. >> all right. interesting. your take away not getting special treatment for michael skakel. thanks very much to paul callen. or other story tonight the president's own party turning on him. democrats want to delay the penalties, extend the signup period for obama care. senators joe manchin, jean sheheen, mark pryor and mark bagitch. democrats. we...

Promised daily briefings from health and human services on all of the website problems. meantime, house republicans prepare for hearings tomorrow. and as we mentioned, a number of democrats began voicing concern and criticism. dana bash joins us now with all this. and, dana, these democrats are making their displeasure known i think more than we've seen before. what can you tell us? >> reporter: that's right, they are. it is mostly democrats in the senate who are up for re-election next year. because they realize that politically they need to get in a place where they are aggressive in making ...

Democrats sent a letter to the president saying she thinks the ell the enrollment deadline should be delayed. she was joined by mark bagitch from alaska, mark pryor from arkansas all um for re-election next year. i was told by a democratic strategist in trying to re-elect democrats, the most vulnerable saying the same thing or even going further by the day's end. they are really being encouraged by democratic political strategists to not wait, to not in the words of one be listless and not be quiet and accept these problems. >> what does the white house -- are they hearing this? do you see any...

Amendment. 64-46. a hard breaker. four republicans voted for the measure. pat toomey who put it together with joe manchin. john mccain heroically here. mark kirk of illinois. and another moderate republican, susan collins of maine. now, on the democratic sides, those votes no were no surprises here. mark bagitch of rural alaska. mark pryor of another red state. majority leader harry reid voted no. that's procedural so he can vote to reverse the vote. it's a senate technique. president obama will be making remarks in the rose garden right there at 5:30 eastern, a few minutes from now. casey hun...