tv Erin Burnett Out Front CNN June 24, 2013 4:00pm-5:01pm PDT
garden. you're always family here. >> reporter: better food than on the aeroflot flight. jeanne moos, cnn. ♪ >> reporter: new york. >> the plane on the ground in havana right now. that's it for me. thank you very much for watching. "erin burnett outfront" starts right now. next, edward snowden on the run. president obama pleads for the return of the nsa leaker, but is anyone listening? plus, the supreme court rules on affirmative action today. the reverend jesse jackson out front. and actor jim carrey says he won't promote his new film because it's too violent. does that add up? let's go "outfront." good evening, everyone. i'm erin burnett. "outfront" tonight, please, pretty please, russia, the u.s. is basically begging you, give
edward snowden back. >> given our intense -- intensified cooperation with russia after the boston marathon bombings and our history of working with russia on law enforcement matters -- >> given that over the last two years we have sent seven prisoners back that they requested from the united states. >> all right. the only thing not "given" whether it comes to the hunt for the nsa leaker that anyone is listening to the obama administration. all right. i'm not a body language expert, but if you look at this, i mean, this is about as awkward as it gets. this is president obama hanging out with russian president putin last week. if you look at this, kerry and carney might have to step up their game a lot to get snowden home. that's assuming snowden isn't already en route or already there or in another less friendly place. tom form eman, what do we know about where snowden might be at this moment? >> reporter: you're asking the
key question. the simple struttruth is that o than his circle, nobody knows. the u.s. had him not that many days ago when you think about it, but now he's on the run. it's very hard to know where he is. we know over the weekend he was in hong kong meeting with his advisers and people from wikileaks whether where to seek asylum, where he might be. we know that he flew from hong kong to moscow. we know because we have witnesses on the plane who told us they saw it happen. we know because the authorities in russia say he landed there. but this is where the trail runs dry, erin. no matter how much we've heard about all this speculation about where else he might go, the truth is this is where it ends. even here the russians have not said he arrived in the country which could imply that he remained at the airport and that neither here nor there situation that you talk about. think about tom hanks in "the terminal," where you haven't officially arrived. and from there, we've had all this talk and all this focus on a flight coming out of russia which left at 2:55 in the
afternoon. just landed a short while ago in cuba. the question being, did he get on that flight. did he fly down there. a lot of journalists on the plane. a lot of eyes on seat 17a where he was supposed to be, but that seat was empty. so the simple truth now, erin, is for all of the speculation about this flight or maybe a later flight or maybe some sort of private flight out of moscow, we don't know where he is after hours and hours, erin. >> which is pretty shocking. all right. so the other place, tom, you talk about havana which he could have been heading to as a final destination or en route, perhaps, to, say, venezuela or ecuador, right? ecuador has been getting a lot of attention because, of course, the wikileaks' founder, julian assange, has gotten asylum at the embassy in london. is ecuador still top of the list in terms of where people think he's heading? >> i think it's top of the list in terms of speculation. again, remember, this is speculation. yes, there were ecuadorian authorities seen around the moscow airport mere.
yes, there has been some entreaty from ecuador to say maybe we will take him if he comes from ecuador, maybe he'll get asylum. there's been talk of iceland, a wikileaks official said iceland might still number play. he left china behind, but it doesn't mean he's off the map. political at the might be, we don't know. russia's still here as a possible big player. north korea here. there are still a lot of possibilities out. there and i want to go back to the basic theme. this is so important. for all this speculation, people are saying about this, whether you think he is a hero or a villain, the truth this hour is that nobody except his circle seems to know where he is. and our last report has him here in moscow, and we don't know what his next destination will be. >> all right. thank you very much to tom foreman. let me bring in peter brooks, former deputy assistant secretary of defense under president george w. bush, and hilary rosen, democratic strategist and cnn political
contributor. peter, let me start with you. with the pure logistics here. you were an under secretary of defense. say -- and we don't know, again, as tom said, speculation. he's in the moscow airport, and he has -- he's in transit, he's in limbo. whether it's a private lane or commercial aircraft, at some point almost every route, may you could find a route that doesn't, but every route would likely go over a country that is an ally of the united states. in which case you are in someone else's airspace, in which case why can't the u.s. say land it? >> that's a possibility. you know, they could decide to do that. and that's one of the concerns about even the flight from moscow that could go into u.s. air space. or, erin, we could be dealing with a diversion. he lets out information that i'm going to cuba and ecuador, and he's actually going to another destination. i was glad to see tom mention north korea. not a good place to go if i were him. the fact is, it hasn't come up yet. and the conspiracy theory about where the individual is. >> but would, peter, before i bring in hillary here, would american allies stand by the
u.s. in this regard? so a commercial flight, aeroflot 150, reporter believe he office it, but we don't know, he could have been, would have flown over friendly countries. >> reporter: right. you have american aircraft in that part of the world, as well, under nato. it's a very -- a tough one to say. i can't say with any -- in any definitive way. but they would certainly be pressured to get hold of him. of course the european countries would have to think about the repercussions of forcing down a russian aircraft in relations with moscow. >> so hillary, let me ask you about the fundamental thing. your senior administration official tells cnn that the fbi director, robert muller, called his counterpart in russia twice about snowden. asking for him to come home. russia isn't saying much so far. and hillary clinton, you may remember, brought that now-famous reset button, literal button, to brag about the reset in relations between the u.s. and russia. in 2009 the president then said he and the russian president had
succeeded in resetting the relationship between the two countries. but now you have russia actively it appears seeking out the first chance they have to tell the united states to take a hike. >> well, first of all, i don't think that's true. we don't know what russia's privately told the u.s. and we don't know what the u.s. has privately told russia. and i think that was the point we heard on secretary kerry's interview earlier on cnn which is that there are obviously private conversations going on in channels we don't know about. it's really premature to imagine that we do. we -- we do know that putin is a different character. and that he's got a big personality, lakes to push the envelope. on the other hand, there are serious repercussions for -- for moscow in not supporting u.s. interests here. and i'm just not sure that we can go there yet. >> what are the repercussions ye
yet? >> well, there's a host of diplomatic countries that we're looking at, treaties, trades, all sorts of issues. and i think that president obama and -- and secretary kerry and eric holder all today made clear that they view the situation as -- as really serious. >> peter, i'll give you the final word. when -- when snowden left hong kong, jay carner, white house press succeed, set, "i'm not buying. this is a technical decision by hong kong." a deliberate choice to release a fugitive despite a valid arrest warrant. as hillary points out, there all things going on behind the scenes we may not know about. she could be totally right about that. the perception at this point does seem to be several countries in a row eager to take the opportunity to snub a little at the snub. >> yeah. i think it's an example of our waning influence under the obama administration. china may have wanted to get rid of it because they didn't want it to get in the way of future relations. but they've been talking about a new big power relationship that
were equals. the russians are very unhappy about syria. they're unhappy about the magnitsky case, remember this issue, and missile defense issues. maybe they're going to let snowden twist in the wind for a while to see what they can get out of the united states in terms. negotiations. there's a lot at hand, geopolitical stuff. right now he's a pawn in it. >> thanks very much to you. we appreciate it. of course, we'll see what's really going on behind the scenes in the next hours and days to come. still to come, the supreme court has ruled on affirmative action. reverend jesse jackson is outfront. plus, a murder verdict hinges on the same-sex debate. how far does privilege extend? and then the opening arguments today in the george zimmerman trial. the shocking thing his lawyer said today in the courtroom, and it was no joke. later in the show, the other cat-and-mouse game that we've been following. rusty, the red panda, escapes. a shout out today. it's monday.
a brand new start. your chance to rise and shine. with centurylink as your trusted technology partner, you can do just that. with our visionary cloud infrastructure, global broadband network and custom communications solutions, your business is more reliable - secure - agile. and with responsive, dedicated support, we help you shine every day of the week.
[ whirring ] [ dog barks ] i want to treat more dogs. ♪ our business needs more cases. [ male announcer ] where do you want to take your business? i need help selling art. [ male announcer ] from broadband to web hosting to mobile apps, small business solutions from at&t have the security you need to get you there. call us. we can show you how at&t solutions can help you do what you do... even better. ♪
good thing she's got the citi simplicity card. it doesn't charge late fees or a penalty rate, ever. because she's got other things to stress about. ♪ go to citi.com/simplicity to apply. congestion, for it's smog. but there are a lot of people that do ride the bus. and now that the busses are running on natural gas, they don't throw out as much pollution to the earth. so i feel good. i feel like i'm doing my part to help out the environment.
our second story "outfront," the supreme court's punt. in a much-anticipated ruling on affirmative action, the highest court in the united states of america said, no, we don't want to deal with it, and sent the case to the lower courts. the court did affirm the use of race in admission decisions, but they raised the legal standard. basically saying schools have to prove there are no workable race-neutral alternatives, their word, to achive diversity on campus. there aren't, you can use affirmative action. the case was filed if 2008 by abigail fisher, a white student
who was rejected from the university of texas. fisher has since graduated from louisiana state university. "outfront" tonight, the reverend jesse jackson. always good to talk to you. let me ask you this pointblank -- did the supreme court miss an opportunity today? >> yeah, to the extent that race remains a fact among us. that's a victory because they sought to eliminate it altogether. you know, there were white students that had lower grades than she had. they thought a focus on race was a vulnerable spot in the whole agenda. race is a factor, gender is a factor. it's about trying to remove the most fundamental initial our society. the question of racial justice. >> and let me ask you, you know, clarence thomas obviously took the side here saying, you know, against affirmative action. and most americans right now, reverend, as you're well aware, seem to agree with him. nearly 70% of americans disapprove of affirmative action programs at the college level, at the law school level.
and obviously i don't speak as an african-american, but as a woman, i don't want to be judged or held back because of my gender. but i also don't want people to ever perceive that i was given something because of my gender. do you think the times have changed? >> what justice ginsburg says, something's taken away because of race. 246 years of local slavery, years of patterns of racial discrimination in banking, in housing, in transportation. >> let me ask you that, though. when you look at the percentage of -- of black americans and granting institutions, 14.5%, as you know, african-americans are 13.6% of the population. so they're technically slightly overrepresented now in degree of granting institutions. women are way overrepresented. nearly 60% of enrollment in degree-granting institutions is female. it would seem by the numbers that african-americans and females don't have any problems. >> well, it's not true. on the other hand, you look at
the number of -- of students who don't graduate. look at the impact this year, for example, of summer pelberanpell gran grants, where it wiped out loans. 15,000 black students in black colleges alone could not go to school this past year. the impact of student loan debt with credit card debt, we have profound issues in education. >> when you look at the representation of african-americans and women in higher degree institutions, colleges, they seem overrepresented, isn't the problem now earlier on in the system? when people are younger? >> well, it -- prenatal care, daycare, does merritt. it's one thing to be in institutions and another to graduate from those institutions. we underrepresented as doctors, lawyers, engineers, scientists. much of it starts, a lot of it has to do with the idea of not
having enough resources. and you know, it's interesting that as affirmative action, legacy points for parents of the school, gender, female. and the issue of a ball player -- you're from another country. all these factors on the races is held out as the nail in our shoe. we should know that racial just is key in america, keeping america a nation of our dreams. >> all right. interesting point there by the reverend jesse jackson. by the way, he talked about title 9, of course. i was a beneficiary of that. i was to bring in our cnn legal analyst, jeffrey toobin, from washington, d.c. jeff, is there any other way to see this other than that the supreme court punted today? they're asked to make a decision and say, hey, state court, back to you. >> it's somewhat of a punt but not entirely. there was a chance in this case where the supreme court could have said race is not allowed to be a factor in admissions, period. the fact they didn't say that. the fact that they said race can
be a factor is a real victory nature the civil rights community. the problem, the punt comes in in they don't really spell out how much of a factor race can be and what admissions officers are supposed to do when they're sitting there with applications. so yes, it is -- it is somewhat of a punt, but they did answer at least part of the question. >> what about the issue that i raised with reverend jackson? that you already have a higher percent of degree granting institutions -- african-american enrollment than you do of african-americans in the regular population, and the same with women? if you look at it that way, affirmative action has -- or other things, whatever, has already hugely succeeded. you don't need any more. you're already overrepresented. >> well, it depends sort of where you're counting in the process. in part, those numbers are due to the fact that there is affirmative action. so one of the reasons why they are so represented is -- is because of affirmative action in admissions. and also, as you look farther into the community in terms of
number of professionals, number of ceos, that's where the numbers of african-americans and women fall off. that's one reason why in this case you had a lot of fortune 500 companies going to the supreme court saying "don't kill affirmative action." we have a diverse work force, we have a diverse customers, we live in a world with -- you know, of all different colored people. we want to have future executives who reflect the world as it is. so, you know, corporations are in this for the bottom line. and they wanted affirmative action to survive. >> all right. everyone, let us know what you think about affirmative action cd it make sense or not at this point? thanks jeffrey toobin. still to come, a murder verdict that hinges on the same-sex debate. how far does privilege extend? plus, comedian jim carrey gets serious and refuses to promote his new movie. then a gang war has erupted in boston. this is serious, people, this is boy band versus boy band.
our third story "outfront," stand by your spouse. there's a murder case in kentucky that hinge on the debate over same-sex marriage. the issue is whether the partner of an accused killer can be forced to testify against the woman she calls her wife, or whether she can refuse like any other spouse. the outcome could mean the difference between life and death row. john zarrella's outfront. >> reporter: bobbi joe clary is accused of murder. clary says it was self-defense. she said she was going raped, fought back, and hit the man on
the head with a hammer. if convicted, she could be sentenced by death by lethal injection. kentucky prosecutors believe this woman, geneva case, knows the truth. but she's refusing to testify. why? >> we're married. we're just like any other couple. >> reporter: case is invoking spousal privilege. the two women were married in vermont nearly a decade ago. but prosecutors say in kentucky they're not like any other couple. kentucky does not recognize same-sex marriage as legal. >> under kentucky law, a husband or a wife can refuse to testify against the other in court. and our position is that kentucky law, that kentucky law of the husband and wife privilege does not apply to a same-sex couple. >> only because she's married to a woman. instead they want to use that information to strap her to a gurney, to pump poison into her veins and kill her. we say that's not fairment. >> reporter: the attorneys representing both women say it's not just unfair, it's
unconstitutional. >> they are trying to use state law which treats gay and lesbian people differently than it treats heterosexual people to their advantage in a criminal action. that i believe is unconstitutional. >> reporter: whether geneva case may be compelled to testify against her wife may already be in the hands of another court. the u.s. supreme court. the high court is expected to rule any time now on the constitutionality of california's proposition 8. california voters in 2008 approved a ban on same-sex marriage. the women's attorneys say if the court strikes down prop 8 and decides its decision applies to all states, it could change the outcome of this murder case. >> obviously we'd love to have guidance. we'd love that guidance to be something that is helpful in miss clary asserting her constitutional rights. >> reporter: prosecutors have asked the judge to order case to testify. they believe case saw her spouse clean blood out of the dead man's van and heard her admit to
the killing. a hearing is scheduled the end of july. this is the first time same-sex spousal privilege has been before a kentucky court. the issue has come up in other states. in a delaware case, civil union laws there allowed for spousal privilege. the difference, of course, in kentucky, that principle does not extend to same-sex couples. for "outfront," john zarrella, cnn. >> thanks to john. still to come, the shocking start to the george zimmerman trial. people in the courtroom speechless today. and then dramatic testimony at the whitey bulger trial. the prosecution saying he was an fbi informant cd that a-- infor. does that add up? more bad news for paula deen. and our shout out -- making a run for it. we're not referring to edward snowden, we're talking about rusty, the red panned amp he escaped the national zoo washington. we couldn't help but notice the similarities. both are male, both dodged washington officials, both have strong ties to china.
the difference is rusty was caught. tonight's shout out goes to rusty for his courage and the zoo workers who caught him. [ male announcer ] a doctor running late for a medical convention loses his computer, exposing thousands of patient records to identity theft. data breaches can happen that easily. we don't believe you should be a victim of someone else's mistake. we're lifelock. we constantly monitor the web so if any of your personal information is misused, we're on it.
♪ ow. [ male announcer ] call 1-800-lifelock or go to lifelock.com today. i'm going to dream about that steak. i'm going to dream about that tiramisu. what a night, huh? but, um, can the test drive be over now? head back to the dealership? oh, yeah. [ male announcer ] it's practically yours. [ wife ] sorry. [ male announcer ] but we still need your signature. volkswagen sign then drive is back. and it's never been easier to get a passat. that's the power of german engineering. get $0 down, $0 due at signing, $0 deposit, and $0 first month's payment on any new volkswagen. visit vwdealer.com today. on any new volkswagen. ♪ nothing says, "i'm happy to see you too," like a milk-bone biscuit. ♪ say it with milk-bone.
but it could have been much worse because at one point, all three india dececks were down 3. the dow down 225 point you go got that back, 140 points. this is part of a broader trend, though, over the past few days. stocks are down about 6% from their recent highs. now some of that's due to worries over the fed. the last time these worries happened, stocks fell once by 16% and once by 18%. so there could be more to go, but peter kenny of knight capital says another driving principle in erms term of the fed is what's happening in china where he says stocks turned significantly lower overnight. paula deen got fired again. this time by major sponsor smithfield foods, maker of bacon sausage and barbecue products. smithfield says it condemns the use of offensive and discriminatory language and behavior of any kind which, of course, is a reference to deen admitting to using a racial slur and the "n" word. we spoke with the reverend jesse
jackson earlier, and he actually was rather forgiving of deen. noting that she comes out of a rather ugly culture. i wanted to tell you what he said. >> i think at some point in time we can not use paula deen as a scapegoat for the errors of our culture. i do not understand the idea of eternal condemnation, anybody who makes a mistake. i don't think that's right. >> the food network was not as understanding as the reverend jackson. tell not be renewing deen's contract. the home of the new england patriots' tight end, aaron hernandez, has been searched by authorities for a second time. it is unclear what at least 20 state and local police investigators are looking for. hernandez, i want to emphasize, has not been named a suspect in the murder of a friend who was found dead a half mile from his home. hernandez lands in hot water, his earning could be ination risk. if a player is involved in illegal activity or something that prevents him from showing up to work, including training
camp, a signing bonus may be on the line. big news in qatar, one of america's biggest allies in the region. although there is tension there, as well. there's a leadership change. al jazeera reports the amir of qatar, rural, will hand over power of the persian gulf nation to his son, crown prince shaikh tamman. the fourth son of the outgoing rural. one of the big questions is whether he will be able to expand qatar's influence in the world. according to the brookings studio in, qatar's economy has surged under the current heir and they're hosting major sporting events and one of the biggest suppliers of weapons to the syrian opposition. it has been 690 days since the u.s. lost its top credit rating. the nasdaq fell today 1%. one of the stocks that fell, apple. shares briefly, everyone, fell below $400 for the first time since mid-april but did end higher than that. now our fourth story outfront, an q-bomb and joke that bombed -- f-bomb and joke
that bombed. yes, a shocking start to zoirp zimmerman's trial. both sides laid out their opening statement to the jury of six women. the trial coming 16 months after george zimmerman shot and killed trayvon martin. it became clear the moment the prosecution and defense went head to head today that they had very different and very distinct approaches when it comes to driving home their point. david mattingly is outfront. >> reporter: the very first words from the prosecution to the george zimmerman jury cannot be repeated on television. [ bleep ] >> punks. these [ bleep ] -- they always get away. >> reporter: the first comments from the defense included a seemingly inappropriate joke. >> knock, knock, who's there? george zimmerman. george zimmerman who? all right, good. you're on the jury. >> reporter: the contrast in styles could not be more
obvious. prosecutor john guy was blunt and emotional, describing george zimmerman as a wannabe cop, a profiler and a liar. these were his powerful last words. >> he shot him for the worst of all reasons. because he wanted to. >> reporter: trayvon martin's parents were moved to tears. jurors seemed riveted. that's when zimmerman's attorney, don west, apparently tried to break the tension, and the awkward joke fell flat. >> nothing? [ laughter ] >> that's funny. >> reporter: what kind of damage did he do here? >> certainly from the very beginning, first impressions are a lasting impression. you want to hit hard when they first start. >> reporter: susan constantine is a jury consultant and author who believes it was not only a bad joke, it was a bad idea. >> i think this was about his nervousness, not breaking a spell. i think it was all about his own nervousness. >> reporter: it was so bad, attorney don west returned from a lunch break and immediately
apologized. >> no more bad jokes, i promise that. i'm convinced it was the delivery, though. i really thought that was -- i'm sorry if i offended anyone about that. >> reporter: the question now -- could the attorney's poor choice of words actually damage george zimmerman's chances in this trial? is it possible to put the genie back in the bottle now that this has happened right in front of the jury? >> never completely. and you can bet or at least guess that the jury will be reminded of this in the closing arguments, as well. >> reporter: roy purple is the law school dean at texas a&m who said that was not the only chance the defense took. the prosecution filled up its emotion-filled opening statement in 30 minutes. the defense took more than 2.5 hours. pouring out clinical details of the encounter that cost trayvon martin his life and landed george zimmerman in courts. were they taking a risk by going so long in front of the jury?
>> well, this is part art and part science. so there's always the possibility that there's a risk. but all the defense has to do is suggest to the jury that a case is so complicated that indeed there's reasonable doubt somewhere along the line. >> and david i've seen you play don west's joke and apology. do you think the apology was enough to put this behind him, and obviously people you spoke to are reacting strongly to it. do you think the jury reacted as strongly and as negatively? >> reporter: it's going to have to be enough. what we actually saw today were both sides playing to their strengths. the prosecution going with that emotional story about how a grown man shot and killed an unarmed teenager. they believe in that story, that is where they'll find a conviction. now as far as the defense goes, they believe an acquittal is going to be in the details. the details that show that george zimmerman was not acting with malice that night he shot and killed trayvon martin. that he was acting out of fear
for his life. now in terms of what the jury might be thinking about all this, it was really hard to read them today. one of the most important things we saw was their reaction to that joke. and because they were so serious, it shows just how seriously they are taking this trial. >> wow, that's a fair point. thank you very much to david mattingly. a shift in gears in the trial of former boston mob boss whitey bulger. now it's focussing on his status as an fbi informant. this was interesting because the court was shown excerpts from a 700-page informant trial on bulger as well as his official i.d. card as an informant which showed his code name. bs-15004oc, o.c. stands for organized crime. his attorneys call it forged, and i wanted to understand, why bulger and his team are so obsessed with whether he was an informant or not.
he's on trial for 19 murders and a lot of other charges. they seem to be more focussed on proving he wasn't an informant than anything else. >> yeah. there's no question about. that and being an informant was the worst possible thing you could be in south boston. and bulger knew that he was going get away with it because no one would ever believe that he was ratting out his friends. the i.d. card that you showed, the 700 page file, which was about this tall and put right in front of the witness who was testifying about it shows a very different story. that bulger provided details on murders, on drug deals, armed robberies, even criminal fugitives leading to several arrests. and the prosecutor said, look, he was not going to engage in the fiction that bulger was not an informant. and he mocked what he called bulger's ego, his tampa to preserve his reputation saying it was a ridiculous contention saying that he knew that 15 years of information provided by bulger told otherwise. that in fact, yes, whitey bulger, the alleged murderer of
19 people was, in fact, a rat. >> pretty amazing. i mean, i guess he's more focused on his reputation among those in the mob community than around the country. all right. we were also hearing, though, that bulger was muttering during the trial. we've been hearing all these other days where he hasn't been reacting to the incredibly emotional testimony, the picture of people being shot and killed. but today he was muttering. what was that about? >> yeah. and that's what's so incredible. his body language today told a very, very different story. usually he sits in the court ramrod straight, stoney, staring straight ahead. today he was slouched in his seat and muttering repeatedly i'm not an informant, i'm not an informant. he used an expletive saying "i'm not an x informant." he wants toor cleto be cleared the notion that he was ratsing on everybody. cosa nostra, gangs. this was one of the reasons the
criminal maenterprise was allow to flourish. maybe the question is definition of informant. perhaps the truth of what he was saying may be a question. but the fact he was a registered informant, not a question at all. erin? >> pretty amazing. thank you very much to deb feyerick. a look at the schooling of whitey bulger today, that glimpse. still to come, the former italian prime minister, silvio berlusconi. he's actually facing print time for the parties we used to laugh about. we'll tell you how long he will suffer for the bunga-bunga. and actor jim carrey refuses to promote his new film s. this a principle stand or a genius marketing strategy? od, whatever business you're in, that's the business we're in. with premium service like one of the best on-time delivery records and a low claims ratio,
we do whatever it takes to make your business our business. od. helping the world keep promises. vo: i've always thought the best part about this country is that we get to create our future. you get to take ownership of the choices you make. the person you become. i've been around long enough to recognize the people who are out there owning it. the ones getting involved and staying engaged. they're not sitting by as their life unfolds. and they're not afraid to question the path they're on. because the one question they never want to ask is "how did i end up here?" i started schwab for those people. people who want to take ownership of their investments,
and we are back with tonight's "outer circle," where we reach out to our sources around the world. we begin in south africa where the country's former president, nelson mandela, is in critical condition after his health declined over the weekend. more from the hospital in pretoria. robin told us why the outpouring of love for the anti-apartheid icon is causing difficulty for his family. >> reporter: erin, while this is not the news that south africans wanted to hear, they hoped that he'd be getting better after 18 days in this hospital behind me, but he's not.
it appears that nelson mandela's condition is worsening. he's now being listed as in a critical condition. south africans being told to pray for him by their president. also, his family saying that they are finding this extremely difficult, all this intense media speculation about his health. >> we've never had him in our life for the better part of our years. this is in a sense quality encircled time for us, and i would expect the world to really back off and leave us alone. >> reporter: nelson mandela, 94 years old, frail, sick, continues to struggle it out here in the intensive care unit. erin, back to you. >> thank you very much to you, robin. now to italy where that country's former prime minister has opinion convicted of charges relating to his activities with an underage prostitute named ruby. ben wedeman is in milan. i asked what the decision means for the disgraced prime minister
who, by the way, is still very popular in italy. >> reporter: the verdict came down for prime minister silvio berlusconi. seven years in prison and a lifelong ban on holding public office. all of this for having sex with an underage prostitute, the famous ruby, ruby "the heart stealer," and for interceding with the milan police to get her released after she was charged with petty theft. now he still has two levels of appeals to go. and legal experts tell us that this process could go on for years. erin? >> thanks to ben. somehow not surprised it could go on for years. all right. our fifth story, jim carrey's change of heart. the 51-year-old is criticizing the violent content in his latest action movie. it's called "kick ass 2." if you missed the first, you're not alone. after the newtown school shooting, he got very upset and is taking a stand now. he told his ten million twitter followers, "i did "kick ass" a
month before sandy hook. you in all good conscience, i can not support this level of violence." does the reason add up? "outfront," dean oak dama, hogan gidley, and legal analyst paul callan who's representing leonardo dicaprio, quentin tarantino, and michelle rodriguez. good to have you with us. hogan, do you buy jim carrey's change of heart? >> not really. i mean, i love jim carrey's movies. i think he's a great actor. i think "once bitten" in 1995 and "dumb and dumber" should have gotten academy awards. however, this is extremely hypocritical from this guy. to say he's not going to promote the movie, he's still making money from the movie. and he didn't do it -- he shot the movie after -- before sandy hook happened, yeah, but it was after aurora, after columbine. what's the big deal? he's been an advocate for gun violence for this long. for some reasonly found a conscience before this ridiculous movie comes out? i don't get, it but it's not the
first time hip crassy has flown forth from the hollywood hills. i promise you that. >> that was like a preacher, not the first time hypocrisy has flown forth from the hollywood hills. what do you think about the point hogan made? aurora, colorado, that horrific shooting that happened. sandy hook happened. and now several months later he's saying he's not going to promote it. >> i think there's a change. there are certain moments that are -- >> a change of how he snngs. >> change of heart. an evolution. i take him at his word. i think he's sincere. i think he should be applauded. actors endorse everything from sneak force condoms. that's what actors do. and the fact that he's standing for something -- he could be sued, as i'm sure paul the comment. maybe other producers won't work with him. it's a win/win. let's be honest. we are talking about the movie. google the controversy, hundreds of thousands of hits on google. people are talking with got kick ass 2" more than ever -- >> people like me who never heard of "kick ass 1," never heard of "kick ass 2." >> at least he didn't name his child northwes west?
>> we did that. jim carrey at one point was pulling in $30 million a movie. the guy is an incredibly accomplished actor no matter how you cut the cookie. he is making less now we would assume. unless they think this is great marketing, people like me who have not heard of the movie, have now heard of it, he could be violating his contract. >> exactly. >> how much money is at stake? >> it's a standard close you have to promote the movie before and after it's released. if the movie sales are diminished for his refusal, he could be sued. maybe this is a stunt, who knows. i can tell you it happened to paris hilton in a case. in that case, the court found if she had promoted the movie, it would have made things worse, it wouldn't have made any money. she ends up winning the case, despite the fact that she violated the contract.
>> hogan, let me ask you, i'm also curious, i know you're more critical. jim carrey in this movie plays a born again christian and refuses to fire a gun. he's in this movie taking the stand that he now says he's taking. >> right. another person portraying christianity. i'm really shocked by that, it's not that i don't take him at his word. i'm sure he had a deathbed conversion here on something. my point is, it's inconsistent over the life of his career. what is he going to do, call on other actors now to not promote movies or be in movies that promote virus? i don't understand the move politically, professionally. if he's sincere, fine.
i don't think he's promoting it, but he's talking about it. >> there are some people saying, we need less violence in movies, video games. why isn't the guy on the right saying he's right? >> no, no, no. >> why aren't they saying, you're right, there's too much violence in movies, resulting in violence in the streets. >> that's the first amendment. you have the right to make the movie as violent as you want. that's the first amendment, have you to get that out of your head, no republican should be saying that, that's free speech. >> i suspect a lot of people on the right agree with you this is a good stand by kerry to oppose the movie. and it's conscientious, and who knows. >> thanks very much to all of you, we appreciate it, and everyone, of course, let us know what you think about this. now, the outtake.
every night we take a look outside of the day's top stories. yesterday this photo was posted. the result of an attack. according to the singer, while he was in boston for a show, four guys jumped him, he was barely able to fend them off using his martial arts training. this was not a run of the mill attack. it was a boy band turf war. his fans were fans of new kids on the block. so the boy band battle has started a war. new kids on the block have older male fans and very savvy fans at that. it's good to know all these 40 year old guys are staying in shape and staying passionate about their boy bands. it provokes real passion.
the kind of passion boy bands crave. which made us wonder how long before other boy bands get into the spirit. some of these acts can't get arrested in this town. a gang war would sure change that. >> how much should you tip at a restaurant? one sushi place in new york says, well, you know what? you're supposed to tip this and you get mad when the service stinks and you still have to tip it? they have the answer. diarrhea, gas, bloating? yes! one phillips' colon health probiotic cap each day helps defend against these digestive issues with three strains of good bacteria. live the regular life. phillips'. live the regular life. a brand new start. your chance to rise and shine. with centurylink as your trusted technology partner, you can do just that. with our visionary cloud infrastructure,
global broadband network and custom communications solutions, your business is more reliable - secure - agile. and with responsive, dedicated support, we help you shine every day of the week. when we take away the late fees and penalty rate? no one misses them. the citi simplicity card is the only card that never has late fees, a penalty rate, or an annual fee. ever. go to citi.com/simplicity to apply.
♪ hooking up the country whelping business run ♪ ♪ trains! they haul everything, safely and on time. ♪ tracks! they connect the factories built along the lines. and that means jobs, lots of people, making lots and lots of things. let's get your business rolling now, everybody sing. ♪ norfolk southern what's your function? ♪ ♪ helping this big country move ahead as one ♪
♪ norfolk southern how's that function? ♪ what's the right amount to tip? 15%, 20? the amount varies and a lot of times you get mad when the service stinks and you're supposed to tip something. one new york city has a controversial idea. the appropriate amount to leave is zero. >> tipping is now off the menu at this sushi restaurant. gratuities not accepted. >> customers would say, oh, my god, no more tipping. and then they'd look at each other perplexed and then smile. typically the reaction was like,
okay, neat, it's all good. >> there's no tipping in japan, so it shouldn't be done here. >> our customers get to enjoy this inventive meal. they don't have to take out the calculator and figure out what percent. >> diners may love it, but don't expect other restaurants to follow. >> i think this is a one of a kind. it will go down as a phenomenon in new york city. >> everyone has their hand out in new york. >> for me, the new yorker is the best tipper in the world. >> with everyone looking for a tip, some believe new york has reached a tipping point. >> everyone's entitled to have a tipping bowl, i might have one at my own door for whatever services i provide. that doesn't mean you're going to get a tip. just giving out a hot dog with
sauerkraut doesn't deserve that much of an ovation. >> higher wages compensate for no tips. >> all together all at once. >> if you want to flash more cash -- >> thank you very much. >> you sure i can't leave a tip? >> take the savings and buy more sushi instead. >> let us know you think of that idea. "ac 360" starts right now. erin, thanks very much. good evening, everyone. we have breaking news tonight, the flight that was supposed to be carrying edward snowden has landed, the captain has said he's not on the plane. george zimmerman's guilt or innocence. there was a lot of drama and a bizarre knock-knock joke making their way into those opening statements, we'll take you inside theou