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How many votes she gets, i don't know. tomorrow is the day when they have a chance to question her. her good fortune is that the republicans are going to be going after her at the same time that david petrais is going to be testifying on capitol hill. so it probably won't even get that much attention. no news is good news for her. >> all right. jeffrey toobin, appreciate it. thanks. next on the program, did bp get a free pass when it got its operating permit from the government for that deepwater horizon rig. and tropical storm alex possibly soon to be a hurricane. - ♪ hey, what you doin...

Dick cheney is out of the hospital. he was admitted after what a friend says was an irregular heart rhythm. cheney has had five heart attacks. and political observers love wondering how long it will take our current vice president to say something he should not. this weekend joe biden stopped at a custard shop in wisconsin and told off the manager who made a flip comment about cutting taxes. >> what do we owe you? >> don't worry, it's on us. >> lower our taxes -- >> say something nice instead of being smart all the time. >> afterwards he went back and said he was just playing around. at leas...

>> afterwards he went back and said he was just playing around. at least he's not a boring vice president. >> i guess that's certainly true. still ahead, when bp got its operating permit for the really pass inspection? lion dols every hour... to improve our technology and your safety. it's an investment that's helped toyota earn multiple top safety pick awards for 2010 by the insurance institute for highway safety. no other brand has won more. these top safety picks, and all our new safety innovations are available at toyota.com/safety.

Are still 58 democratic senators after robert byrd's death. there is no organized attempt at a filibuster, i think the odds overwhelmingly favor her confirmation at this point. how many votes she gets, i don't know. tomorrow is the day when they have a chance to question her. her good fortune is that the republicans are going to be going after her at the same time that david petrais is going to be testifying on capitol hill. so it probably won't even get that much attention. no news is good news for her. >> all right. jeffrey toobin, appreciate it. thanks. next on the program, did bp get a f...

Being smart all the time. >> well, anderson, the manager says biden went back to him afterwards and said he was just playing around. at least he's not a boring vice president. >> i guess that's certainly true. joe, thanks. still ahead, when bp got its operating permit for the deepwater horizon rig, did it get a free pass?