tv News Nation MSNBC November 14, 2011 2:00pm-3:00pm EST
come four months before the presidential election. >> wendell potter. misjudged who allowed jerry sandusky out on bail, she also volunteered at second mile charity, the charity started by sandusky. prosecutors wanted bail set at $500,000 and the judge opted for far less. why? another official is out. the resignation announced a short time ago. cleared out. oakland protesters forced out this morning are vowing they will be back. they won't say when after a weekend of clashes with police in denver and portland. hollywood stunner. george clooney's shocking mission. he contemplated suicide just a few years ago. "news nation" is following a development in the penn state sexual abuse investigation.
the judge who set jerry sandusky free on unsecured bail is a volunteer for the charity sandusky founded, the same charity where he allegedly met all eight young boys he is charged with abusing. it is called second mile and announced it's the ceo for the past 28 years has resigned. questions are swirling around assistant coach mike mcquery hired an attorney who is the then grad student who coached paterno and saw sandusky raping a 10-year-old boy. he never told police. here's what the presidential candidate and former senator, also a penn state grad had to say on "morning joe." >> your gut reaction is to take a football helmet and hit him over the head with it. to do something to do something. to walk away is really the --
it's like i said, inexplicable and for him to continue to be in the program and it's interesting, i have been reading articles that maybe one of the reasons they haven't fired him and she protected under whistle blower statutes. we will talk more about that later, but let me hear from you regarding the judge. has she confirmed or denied she was a volunteer at the charity? >> earlier it was on her website that she had in fact volunteered. also the patriot newspaper out of harrisburg is reporting that she had also with her husband donated between 500 and $900 to the organization. that was not known at the time she was overseeing that arraignment or the time she set bail. that bail was reduced to $100,000 unsecured. that means that jerry sandusky
did not have to post collateral and he would have to pay if he did not show up for further hearings. she was not required to wear a bracelet. he is basically free to move about during the charges. there was a question whether or not the judge had a conflict of interest and whether or not she should recuse herself from further involvement in the case. that is waiting to play out. in the meantime, jerry sandusky facing charges. he was indicted and arraigned on 40 counts involving sexual abuse charges and involving minors throughout the past decade and even longer. some of those reports of abuse reportedly happening at campus facilities here on penn state. jerry sandusky founded the charity, the second mile, that is involved in the investigation. it is through that that he reportedly met some of these alleged victims and obviously he certainly founded that charity.
he has not been involved in the charity since 2008 because he has been under investigation. over the weekend the long time president and ceo of that charitable organization stepped down. there was a new interim president who was set to have a press conference later today to put focus on that. of course sandusky founded that charity back in the late 70s and the 1980s. an interview to nbc news saying why he had gotten involved with the charity and children. >> how did it all start? basically because i'm a playground director, i guess. i enjoy being around children and enjoy their enthusiasm. i have a good time with them. >> and jerry sandusky wrote an auto biography. that book was in many of the stores in and around campus and one producer went there and
someone told him at the store that they sold out of the books over the weekend and others say they pulled the books off the shelves. a lot playing within the community. >> joining me now is michael smerconish and msnbc contributor and a former prosecutor in florida and extensive experience in child abuse cases. i will start with you, michael. you wrote about it over the weekend and you like many others say the law in the state of pennsylvania or anywhere, it is not the law that someone needs to report, seeing a child of all things raped. >> we are all familiar with the scenario reporting in march of' 02 where he sees what he sees in the shower. why didn't he call the police? secondly you want to know why wasn't he obligated and under pennsylvania law as it now exists by making a report to joe
paterno. he washed his hands of his reporting requirements. i don't think that's enough. my callers don't think that's enough. i chatted with bo biden from delaware. delaware has a mandatory requirement. he thinks only about 17 or 18 states make it mandatory that a person who is aware make a reportage. i think we need to do better. >> everybody should look at their state and see if it is required by law. if it's not, contact lawmakers. in the meantime, let me bring you in with the judge. i pose this question on twitter. this judge according to her website was a volunteer at the charity. you heard michelle franzen say they may have donated a few hundred dollars. they wanted sandusky held on a $500,000 bail and she reduced it and it's unsecured. they gave up no money and no
monitoring of the man at this point. what do you make of the decision? we are waiting for her to get clarification here. >> he wanted the judges to be neutral and to be able to look clearly and objectively at facts and make decisions. there legal standards and a code of conduct that applies to federal judges. when we hear about some type of conflict of interest, we are looking at a monetary type of conflict. that is not the case here. probably most legal experts say there is not a legal conflict because she donated time and energy for a charity. we encourage judges and federal judges to be involved. >> could that be a personal conflict listed under the reasons that people would recuse themselves. >> absolutely. we want to avoid a legal conflict and have them avoid the appearance of impropriety or a
conflict. clearly this may fall under the umbrella and wise for a judge to announce to the litigants and the prosecutor and defense attorney of their involvement in such a charity so that either side can make a motion that they felt a judge cannot be neutral. >> i will bring you in on this and we are waiting to hear from the judge and a website, the law firm she is associated with in her bio. it listed under her accomplishments that she was volunteering for this charity. if that turns out to be the case. it is another chchl of how so many people in high ranking positions are associated or tied into either the university or this charity. >> that's really the bigger point and i expect you will see more examples of this as the case unfolds. it's a very tight knit community in center county, pennsylvania where penn state cuts a great
swath. with all of the folk who is live in the parts. this sort of interlocking direct rate surrounds many aspects of the case. perhaps even the 1998 investigation that was not prosecuted. >> one more note that they announced that the trophy will no longer be named for joe paterno. the game is supposed to be played and another example of how he is certainly right in the midst and his credibility and name is as damage as many others. thank you to your listeners on the radio. thanks a lot, guys. >> thank you. >> later in "news nation" gut check, should the judge have recused herself? i can tell you how to weigh in at the end of our show. the developing news denying justices will hear challenges to the health care law. the announcement does not come as a surprise and it is the timing of the arguments that might be the real headline. the court could take up the case
in march with a ruling coming in june just four months before the presidential election that could make for a hot summer and hotter general election. all the gop candidates repealed the president's health care law if elected. nbc news's pete williams joins us now. a huge surprise and we knew it was moving in this direction. the timing just incredible. this could be an incredible time in our nation's history. >> we assumed it would come to the supreme court and couldn't be sure. now we know they will. in a complex case like this, you normally expect the decision to come out in late june. the court has been asked to decide these questions. virtually all americans buy health insurance. secondly what comes of other requirements in the law. medicaid's requirements on the states. thirdly, what if the individual
mandate is unconstitutional as the law is so essential that the rest can be salvaged. one of the questions that they asked the lawyers to address is about a federal law that said i can't challenge a tax before it goes into effect. people who don't buy insurance under the law are penalized on the income taxes. is that a tax and if so, does that mean people can't challenge it. the individual mandate becomes the law in 2014. people start being penalized when they file their taxes. one of the things the court will look like is whether it's too soon. most think the court will go on to deal with the central question about the insurance requirement, but it's important to know it could get side tracked. it will be argued in march with the decision coming out in late june right in the middle of the
campaign. >> thank you very much. joining me now is wendell potter, health insurance executive turned whistle blower in 2008. great having you on again. a new poll with 52% favor the mandate and 44% favor the mandate and 54% opposing. the supreme court not looking at the polls. it has come down to this moment. we didn't know with certainty that the supreme court would hear this, but with the challenges and the vote in ohio, it seemed to have to come in this direction. >> we will see that there will be a decision and i frankly think it will be upheld by the supreme court. one thing we need to keep in mind, this is not widely in the public or reported by the media. most have upheld and some have gone the other way. the vast majority have upheld
it. >> absolutely. with the courts here, we know that it's this individual mandate. what is your feeling at least for those who support it? what is the best case they are able to make? >> they were very careful or members of congress as they were writing this to make sure it with stands the challenge. they will make the point too to the court and arguments and i think in the court of public opinion. if this is the last best hope for the free market system to continue as it has been in the waft, this gives the industry a new lease on life. if we are required to purchase insurance, this is a revenue stream they wouldn't otherwise have. they need that stream. they have been losing customers and their own practices have been leading to their own demise. >> we are talking to the politics of all of this and we
know how controversial when you get politics mixed in, you have at least one justice, clarence thomas and his wife's association were hell bent on repealing what they refer to as obama care. you have this issue of the political angle involved in the decision. >> she has been very, very active in this legislation and law. that's a real concern. >> thank you so much and greatly appreciate your time. senator john mccain reacts to the announcement from all but two republican candidates that they would support waterboarding. our "news nation" panel weighs in on mccain versus the candidates. details of explosive investigation that alleges prominent members of congress are engaging in insider trading and it is all legal. >> george clooney's stunning
admission that he contemplated taking his own life a few years ago. what he is saying about that. you can join the conversation online. . or confident or kind -- was shaped before you lost your first tooth? ♪ the first five years are forever. ♪ that's why pnc is devoting $250 million and ten more years to helping families discover learning opportunities all around them. pnc. grow up great.
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now to decision 2012, general is slamming the republican candidates for views on waterboarding. >> i would return to that policy. i don't see it as torture. i see it as enhanced interrogation technique. >> if i were president i would be willing to use water boring. it was effective at gaining information for our country. >> is herman cain feeling the effects of his scandal? a huge drop in support.
take a look at this. 24% of likely voters now back mitt romney and 22% with newt gingrich. 14% herman cain. they repoled republicans surveyed last week and while the drop is not as dramatic, it is significant. he went down a point. let's bring in the "news nation" strategist. a republican strategist, thank you both for joining me. let me start off with you here. you know the supreme court had the challenges to the health care law. what's your reaction? >> my reaction is that it couldn't come at a better time. they are looking at the case that looks like it's going to be most successful. the timing is of utmost importance. the thing i found is you can't talk about preempting a law
before it goes into effect. pop said himself it was not a tax. he sold it this way and said it wasn't going to be a punitive measure. now they are trying to argue the other side. it's interesting to watch. >> rick perry has reacted among gingrich and others. the supreme court decision is encouraging news for texas that faces massive cost and explosions under obama care. that is the state with 28% of the people don't have insurance. another great number of folks in texas work with jobs that are basically below minimum wage. this will set up the legality of it, the issue of the constitution in this mandate against what the public sees and wants here and the millions of folk who is do not have insurance. >> first, i'm not surprised rick perry is focussed on texas. by the time his comes around, he will be back in texas. >> did you have that planned?
>> look, i think this is all right. this will be a hot issue. one person who should be concerned about whatever the court rules and i'm one who thinks the court will rule in favor and follow the majority of the lower court rulings. one person who ought to be worried about this is mitt romney if he is the nominee. either way he will lose no matter how the court rules. if it's constitutional, he loses a huge piece of his argument. his own health care law he passed in massachusetts. >> let me switch because we can talk more about that. i want to talk about whapt at the republican debate. all except for two, huntsman and paul said they did not agree with xdwaterboarding. john mccain said he was very disappointed by statements supporting waterboarding. waterboarding is torture. this is from senator john mccain who served this country and we know his history and story.
what do you make between mccain and the candidates? >> he is quick to thrust himself into the center. >> you think it's a news cycle? >> he was the candidate in 2008 and he took a stance that was at odds with much of the people in the party and you are seeing a bunch of people compete for electorate that believes waterboarding is a necessary technique. >> they are playing to the audience? >> they are saying what they feel that their voters might support, sure. i think john mccain has always shown a propensity to disagree with the base. that is in fact why we are not talking about president mccain right now. he should go his own way. >> that's not the only reason we are not talking about president mccain. we are out of time. gloria cain is going to defend her husband in this.
taking a huge dip in the cnn poll and a tiny dip in the recount poll. is it over for him and perry? >> i think so? the issue for cain is not what his wife will say, but the myriad of different explanations he has given. he can't tell a consistent story and the numbers are showing it. he's running the risk of dropping into rick perry territory and running into michele bachmann territory in the polls and not a good sign for any of them. >> thank you so much. great panel. appreciate it. coming up, we are now a few hours ago, oakland police confronted protesters breaking down their tents and arresting dozens. we will have the latest for you. >> the hope is over the next several days, congressional leadership --
>> president obama urges congress to be responsible with just nine days to go until the super committee's important deadline. speaking of herman cain, he was surprised when god told him he needed to run for president. how many republican candidates said that god told them to run. [ toilet flushes ] i come in peace... i come in peace. but you go in pieces. [ female announcer ] you can't pass mom's inspection with lots of pieces left behind. that's why there's charmin ultra strong.
still ahead, breaking news regarding the nba and the talks between the players and league owners. we will have a live report. a tradition started 20 years ago by president clinton, but president obama decides to break it this year. justin timberlake honors his promise and attends the marine corps ball and calls it the most moving evening he has had. turn right up ahead. you never update me. so, now i just have to wing it. i meant turn left up ahead. recalculating. turn right now! [ horn honks, tires screech ] [ laughs ] [ crash! ]
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a lawsuit against the league. cnbc's darren rovell is there. >> the nba players association said they will decertify the union to enable them to file an antitrust lawsuit against the league. they will do this in the next 48 hours and do this because they are rejecting a deal. david stern said it was the last deal in which they would share a 50-50 offer. it's 47% for the players and 53% for the owners. once again the players said they are desoifg as a union and becoming a trade association and filing a lawsuit. that might be the end of the season because the courts do not look at this to try to get a season started. they are on their own time table and are giving it 48 hours to give the commissioner a chance
to come back with one more offer. back to you. >> thank you. and the clock is ticking for dozens of lawmakers searching for a compromise on capitol hill. americans are pessimistic when it comes to expectations. george washington university battle ground poll shows 7 out of 10 people think the super committee fails to reach a deal in deficit cuts. some optimism from eric kantor who told reporters he believed the committee would reach an agreement. kelly o'donnell joins us. let's start with the optimism from both sides. what's fueling it? fanta fantasy? >> i think both want to be optimistic because there nine days left and that's a window to keep talking. i am told from both parties that there small conversations going on and trying to reach a way to
break open what has been not an impasse, but several a very different set of opinions on how to reduce the deficit. they are talking about wanting to lower tax rates to bring in more revenue and democrats say it's good, but not enough. they have been taking more pain by looking at entitlements. part of the optimism is that some members are saying it's their duty to get something done, putting larger pressure on themselves and that's the public stage. behind the scenes they keep going and there is a great deal of pessimism to get something done. harry reid said they plan to work up until thanksgiving to get as much done as possible. that is the deadline. >> we see it on the calendar and we will all mark it. thank you. reaction from capitol hill on a report detailing how members of
congress may have benefited from what is similar to insider trading. the report aired on 60 minutes and outlined how members appear to have benefitted from nonpublic information that could have been used to trade stocks legally. hoover researchers including peter analyzed specific trades including stock investments made by speaker boehner and then speaker pelosi's investments on visa's ipo that would have failed to reach the house floor. both answered questions on their trading history. >> you made a number of trades going back to the health care debate. you bought insurance stock. did you make those trades based on nonpublic information? >> i have not made any decisions on day to day trading in my account and haven't for years. >> what i'm asking is did you
think it's already for a speaker to accept a very preferential favorable stock deal? >> we didn't. >> you participated in the ipo and you are speaker of the house. you don't think it was conflict of interest. >> only if you decide you will elaborate on a false premises. >> zachary is a contributor to daily beast. we were talking in the commercial break and you said rarely are you surprised by anything. why did this blow you away? >> most of the allegations have been made by a conservative fellow. this is not partisan and not usually the kind of person who digs it up. we have confirmation from a more questionable source. the famous and infamous lobbyist who said exactly the same thing. the idea that members of congress are able to legally trade what is by any stretch of the imagination and if you are on a committee, you trade
monsanto or whatever the health care is or trade hmo stocks, the fact that this is legal, if anyone did anything remotely resembling this, it would be slammed as insider trading by the sec and this is legal. that you can do this is astonishing. >> nancy pelosi said congress has never done more for consumers. it is very troubling that 60 minutes would base reporting off a conservative author who made a career out of attacking democrats. republicans were also in this report and republican congressman spencer bacchus of alabama was listed here and boehner as well put on the hot seat. >> this is looking for public records of actual stock transactions. it's difficult to put a partisan spin on did these people trade these things or not ahead of what would have been a color
piece of information. to make the statement in defense of the congress is on more for consumers and saying i did a lot from the poor. >> it's interesting that they outlined how members have ben fated from real estate deals and not saying they have done anything illegal, but dennis in illinois, he performed a plot of land when he went into congress. he was worth $700,000 and he refused to talk about it. we draw the connect the dots. >> the real problem is and this is back to the scandal is what's legal here. the fact that years of law have allowed for this where there has been a clear sense that benefiting yourself in a non-level playing field, markets depend on a degree of transparency and equity. to have the non-level playing field where massive money is moving towards or away from it
and being able to profit from it more than the public is not something we say is ethical or legal. >> the congressman tried to pass legislation that make it illegal to trace stocks on nonpublic information. you couldn't get support. >> a lot of people are profiting in the absence of public outcry and they will profit and do what is legal. the story will continue to have legs. >> crews are cleaning up what's left of the occupy oaklandland camp. at least 30 people were arrested, but it was described as peaceful. they fear another confrontation with police similar to october when police fired tear gas. the city protested four times to leave the plaza after a man was shot and killed thursday year the encampment.
joining me live from oakland, prot testers said they may be gone necessary now, but will return. they are not saying when and where. >> we know that they will be able to lodge here. police say they will have no tolerance for that. they are on the department of public works to clean up what is left of the occupy oakland campsites. you have a lot of camping materials. these are items and personal belongings that they accumulated over the past month. the plan is to get it cleaned up so by 5:00 or 6:00 it can be reopened to the public. no lodging and no camping materials. police say they will have a 24-7 presence to enforce this zero tolerance attitude. they are under 500 officers from the bay area that surround the
campsite sight. the site was mostly empty and most of the protesters moved to take over a nearby direction and others moved out and all that remained was two options. they could leave or be arrested. 32 people chose option b. they were arrested peacefully. no resistance. you may recall this was the second time that they cleared out. they did the same on october 25th, but the campsite regrew. why do it again? the movement has taken a different path. it was no longer anti-wall street and was much more dangerous. there were assaults and beatings and the murder of one protester on the edge of the square. the mayor of oakland pointed out that it put a strain on the city's resources. >> during one of the recent
demonstrations, we had 179 public service calls on the 911 call that didn't get answered because police were monitoring a demonstration. small businesses and many of our restaurants and even our to teles lose hundreds of patrons. . >> thefrg morning has been peaceful. this will be the only person who resisted arrest. he showed up here at the intersection and not quite sure what got him so upset. he is clearly being arrested. back to the financial strain, last night the mutual aid. >> hold on. i want our audience to know that this is a live situation. this is not on tape. this is a few feet from where you are. >> correct. this started when we started the live report. he knocked over the barricades and started arguing with police.
i don't know what beefee has with officers, but he is an aberration of what we have seen. all the people protesting were yelling at police. the person we witnessed was itself and the only protest that is resisting. >> approximate are real quick, the top legal adviser to oakland's mayor resigned over the decision to raid this encampment. a legal adviser resigned over this move there. >> yes and the mayor brushed that off this morning, saying that this legal adviser is someone she has known since college and said he went one direction and i went the other. they had disagreements before and this was another one. she said that characterize the relationship right now, he was helping her do a project. he did not agree with the addition to shut down the camp. >> obviously we will keep an eye
on the situation and the arrest happening here, another indication of the conflict as you pointed out. one small incident from today. we will keep an eye on it. you don't see something like that on live tv. >> back to the penn state investigation. as we told you earlier, questions about whether penn state coach mike mcquery is being fired. he said he witnessed jerry sandusky raping a 10-year-old boy in the penn state showers, but he did not tell police. joining me now, whistle blower jane turner, a vet of the agency. she blew the whistle on the fbi's failure to provide protection against child sex abuse on the indian reservation. thank you very much for joining us. >> thank you. i appreciate this opportunity to join the national debate
concerning the protection of our nation's children and whistle blowers. not only am i a whistle blower and worked on protecting and helping victims of child sexual abuse, but i sit on the board of the national whistle blower's center in washington, d.c. >> that's why i think you are an excellent best to talk about. you are making the case that mike mcquery certainly did not make the decision most people would make. but according to the governor, he met the minimum legal requirement required of the law here. could he be protected as a whistle blower because he did go to joe paterno? >> i think a person has to realize when they are talking about the situation that he walked in on that first of all, to see somebody sodomiting a
young boy is prorisk in itself. to see that is horrifying. he must have sis associated and probably turned around and walked away. he could not believe what he was seeing. the person he looked up to, the family he belonged to, this was a horrifying thing for him to observe. he did the right thing by going to paterno and telling him what happened. >> what about not calling police? all of the things you outlined are things i have gone through and i think everyone else, hopefully the conclusion is you are not thinking about your connection to the school or paterno, you are thinking there is a child, a child being raped. >> that's correct.
but you know he may have felt when he went to paterno, he may have said we will take care of it. i know in my situation. my allegations landed on the desk. i was told they were taking care of it. it turns out that that was a small tactic. nothing was taken care of. they were protecting the institution and the institution's reputation was more important than the sexual abuse of children. we don't know what he was told and we don't know his side of the story. we don't know what he was told. >> nbc learned that he hired an attorney and maybe he is receiving advice not to talk
publicly. absolutely right. it is obviously human nature to wonder how someone could walk out on something so horrific. we greatly appreciate your time. you are an excellent guest to talk about this. are. >> thank you so much for having me on. if he does fall under, it's a whistle blower at the time. the scoop is up next. there is a lot going on. things we thought you should know. herman cain was called by god and said the young republican he was asked by a higher power to center the 2012 mix. michele bachmann said god called on her and rick perry's wife said god told perry he should run. president obama broke with tradition at the asia pacific corporation summit for the past two decades.
the leaders wore these shirts that represent the host country, but this year the leaders wore business attire instead of the hawaiian shirts. bill clinton started in 1993 giving out bomber jackets and it started as an annual gift giving tradition that included ponchos and sailing jackets and those are the things we thought you should know. what a mix. actually, we guarantee we'll give you the difference if you find any lower. oh, you'll guarantee it? i guarantee it. i guarantee it. i guarantee it. i guarantee it. got it. [ male announcer ] more christmas for your money. guaranteed. ♪ guaranteed. [husband:] getting cold out here. [wife:] in here too. we need more affordable energy in this country. we need to protect the environment. what about the economy? what about our planet? [announcer:] at conocophillips, we're helping power america's economy with cleaner, affordable natural gas. more jobs. less emissions. a good answer for everyone. so with affordable energy that we can get to safely... we could afford to eat out more often.
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editor, alicia, george clooney doesn't talk a lot about his personal life, but this was different. >> he was in a lot of pain and thought about killing himself. luckily it's surgery and everything was all right, but he was in so much pain. >> so much pain from the injury in 2005 that he said he wanted to take his own life. he was not just saying that. >> he was in the support for weeks and suffering from headaches. this goes to show you can see he has everything and still will be in a dark place. >> he was there. on a lighter note, jt, justin timberlake keeping his word. >> he kept his words. he was invited to the marine ball. he went with kelsey desanchez. he said it was a wonderful night. he kept his word. >> she looked beautiful. >> it's hot. >> sorry for the abbreviated scoop. >> have me back.
time for the "news nation" gut check. we reported on the new developments of the penn state investigation and the judge who set jerry sandusky free on bail. judge leslie set the bail at $100,000 unsecured which means he was not required to pay anything. they requested he be required to wear a leg monitor. it lists her as a volunteer for second mile. that second mile. the same charity started by san dusky and where he allegedly
found some of the boys he allegedly sexually abused. we are waiting for a comment from the judge. should the judge have excused herself from the sandusky case if she was a volunteer. go to "news nation" to cast your vote. that does it for this edition. martin bashir is next. and more. that's a plus. upgrade your ride. that's a plus. rewards with no blackout dates so you can redeem anytime. and it's easy to redeem your points online. already a gold member ? just select gold plus rewards in your profile and start rewarding yourself now. just go to hertzgoldplusrewards.com to join. hertz gold plus rewards. journey on. hey, mom? what? pay you? for what? for unloading the dishwasher?! kid, you need to pay me for making this delicious -- whoa. hold on there, mom. kitchen counselor. um, mom, i think what she means is "greasy dishes."