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CNN LARRY KING LIVE

Arrested: Howard K. Stern; Late Night's New King?; Should Marijuana Be Legalized

Aired March 13, 2009 - 21:00   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


JOY BEHAR, GUEST HOST: Tonight, Jimmy Fallon -- late night's new host, has he already got the competition licked?

And what's with the pickle and his obsession with Queen Elizabeth?

Plus, scandal explosives.

(BEGIN VIDEO CLIP)

ANNA NICOLE SMITH: I got addicted to pain pills and also alcohol.

(END VIDEO CLIP)

BEHAR: Was Anna Nicole Smith drugged up and kept dazed by Howard K. Stern?

His attorney says it's not what you think.

Then, Michael Phelps says "my bad" (ph) today about the bong.

Should marijuana be legalized?

Actor Stephen Baldwin and Congressman Ron Paul clash over weed, next on LARRY KING LIVE.

Good evening.

I'm Joy Behar.

And what a show we have tonight.

I'm sitting in for Larry, OK?

I love Larry.

Eleven felony counts were filed Thursday against Anna Nicole Smith's partner and attorney, Howard K. Stern. He and a doctor allegedly conspired to get her drugs. They turned themselves in last night and were released on bail.

A second doctor also faces charges and is expected to turn herself in Monday.

With us tonight are Krista Bart, Stern's attorney, and Lisa Bloom from the Legal Network, In Session. Hello ladies.

LISA BLOOM, ANCHOR, "IN SESSION": Hi.

BEHAR: How are you tonight?

KRISTA BARTH, HOWARD K. STERN'S ATTORNEY: Hi.

BEHAR: OK.

Hi, Krista.

So Krista, how did -- did Howard see this all coming?

BARTH: No, we did not see this coming. We knew that there was obviously the raid earlier on Dr. Kapoor's office. But this was something that we honestly never expected.

BEHAR: Well, they are very serious charges. There are so many counts here, eight felonies

Will he plead not guilty?

What's he going to do?

BARTH: Well, he will plead not guilty because he is not guilty.

BEHAR: Do you want to hear the charges?

BARTH: I know the charges. I've...

BEHAR: Let's...

BARTH: I've read them.

BEHAR: The charges are, against the three

conspiring to furnish controlled substances, unlawfully prescribing a controlled substance, obtaining fraudulent prescriptions.

Now, the attorney general, Jerry Brown, of California, he called Stern "the principal enabler." And what he says was a conspiracy among three individuals.

Do you have a reaction to that?

BARTH: I do have a reaction to that. And I think it's reminiscent of what happened at Duke. I don't think that this was something that should have been stated in a public forum. I think it's contrary to the rules of professional conduct regarding trial publicity. And you have to wonder why such a statement was made.

But to say that something like that would not bias my client in -- is beyond me. I can't even be -- I can't even venture a guess.

BEHAR: Do you want to jump in?

BLOOM: Yes. Krista, the difference, though, between the Duke case and this case is, is that we know that she had at least 11 different medications in her system...

BEHAR: Right.

BLOOM: ...the very same medications that are in this criminal complaint. We know that she was taking these drugs for years. We saw her zoned out of her mind with the slurred speech on her reality show and every awards show.

So it was pretty common knowledge that Anna Nicole was an addict. And I think your client has even admitted that.

There's a substantial amount of evidence here. It doesn't mean your client is guilty. But I think it's enough to raise eyebrows so that ever since she's died, people have wondered how did she get all of those medications?

How was it possible that doctors were giving her all that stuff?

BEHAR: OK. Howard K. Stern was Larry's guest shortly after Anna Nicole died and they talked about her use of prescription drugs.

Let's listen.

(BEGIN VIDEO CLIP FROM October 2007)

HOWARD K. STERN: There were prescriptions that were made for Anna, but they were put in my name to protect her privacy. But they were through doctors trying to look out for her health.

LARRY KING, HOST: Did Anna use illegal drugs?

STERN: No. She wasn't -- she, through doctors, got some prescription medications for ailments that she did have. And when people criticize her, people are trying to make it seem like Anna was drugged out for 12 years since I knew her. And that's absolutely false.

(END VIDEO CLIP)

BEHAR: Well, it sounds a little bit like he did what he's being charged for, Krista.

What do you say to that?

BARTH: Well, here's what I say to that.

What I say is that the basic -- the most basic tenet of our judicial system is that Mr. Stern is presumed innocent. And just because people have spent the last two years trying this case that -- the indictment came down last night. Howard's been dealing with this for two years. And the concern that I have is that the public nature of the statements by the attorney general in the State of California is a bit troubling. And when I make the analogy to the Duke case, I think you're missing the point, in that that was done during an election campaign.

There are sometimes political motivations for things that are done. You have to ask why is this case important to so many when what Attorney General Brown is talking about is a pervasive, over prescription of...

BLOOM: Well, look, he may be using this as an...

BARTH: ...prescription drugs.

BLOOM: He may be using this to set an example. And prosecutors are entitled to do that. It makes us all squirm a little bit, but prosecutors often use celebrity cases to set an example.

And he says prescription drug abuse is a growing trend. There's no question about that. About a third of all drug abuse is prescription drug abuse. And about 43 percent of deaths are from prescription drug abuse.

So it's clearly a problem. It was a problem here. It caused Anna Nicole's death. It caused her son Daniel's death a few months before hers.

She had a lot of drugs in a lot of different names. Howard K. Stern has admitted that kind of as her go-fer, he would go and pick them up. He would hand them to her. I mean it's not a stretch to say that there was some kind of conspiracy between him and these doctors, who sound from the complaint...

BARTH: Well...

BLOOM: ...like drug dealers in lab coats.

BEHAR: So how -- how good a case do you think the prosecution has then?

BLOOM: Well, it's a great question. You know, I've read the complaint, it's extremely detailed, Joy. I've never seen so much detail -- on this date, at this time, this person gave this drug to this other person. Page after page like that. So it's not just a generic complaint.

It sounds to me as though prosecutors have been painstakingly making their case over the last two years.

BEHAR: OK. Anna Nicole was Larry's guest in 2002 and he confronted her about her addictions.

Listen.

(BEGIN VIDEO CLIP FROM MAY 2002) SMITH: I got addicted to pain pills and also alcohol when my husband was dying and when he died.

KING: Where were you treated?

SMITH: I called and put my own self into Betty Ford and got my own self well.

But, no, did I get any pity from anyone?

No.

(END VIDEO CLIP)

BEHAR: Yes. Well, you know, there's a lot of allegations against this guy Stern.

BLOOM: Yes.

BEHAR: But isn't she ultimately responsible for what she does?

BLOOM: That's a great point.

BEHAR: Yes.

BLOOM: And she certainly was, because she was an adult -- cartoonish, childlike, but still an adult.

But the other adults in her purview have to follow the law, too. I mean doctors can't excessively prescribe drugs to somebody they know to be an addict. And that's what they're charged with.

And, by the way, there's also a witness. Remember Larry Birkhead, who turned out to be the father of the baby that Howard K. Stern was holding month after month...

BEHAR: Yes. Yes.

BLOOM: ...refusing to the DNA test?

BEHAR: Who could forget him?

BLOOM: He -- who could forget Larry?

All right, he's testified under oath two years ago at her state battle that he saw Howard Stern bring prescription drugs in to Anna when she was in a hospital for drug rehab. I mean that was explosive testimony at the time.

BEHAR: What do you say to that...

BLOOM: I would assume he'd be a witness.

BEHAR: What do you say to that, Krista?

BARTH: Oh, I say it's a mischaracterization of the testimony at the burial trial that I happened to be, unfortunately, there for every...

BLOOM: He described the duffel bag.

BARTH: ...every minute of. Yes, he described a duffel bag. And it was completely blown out of character. I mean probably it would take an entire hour to go through the thoughts on the burial trial and what went on...

BLOOM: But he says that's the reason why he and Anna broke up, is because she wouldn't stop using and Howard was giving her the drugs. I mean he was pretty clear about it.

BARTH: No, he did not. No. No, he did not say that. He never said Howard was giving her the drugs. You go back and you point to the place in his testimony where he said that.

BLOOM: Well...

BARTH: I beg to differ on that.

BLOOM: OK. And I'll tell you something, Larry was also right about the baby being his, wasn't he?

BARTH: Well, you know what, is that completely irrelevant to this?

What I'm -- that has nothing to do with this. I mean, you know, it's funny that you all laugh at this, but this is really serious stuff here as, you know, the governor or -- the governor. Oh, look at that.

BEHAR: The attorney general.

BARTH: The attorney general...

BLOOM: It is the governor. He used to be the governor.

BARTH: Right. And...

(LAUGHTER)

BARTH: Well, we'll -- I think that what is going on here is that, once again, my client is being tried in the media. And that's -- it's completely inappropriate.

BLOOM: Well, you know, I mean you're in the media. You can defend him.

BARTH: How...

BLOOM: I mean there's some serious allegations against him, but it doesn't look good for him.

BEHAR: How much do the tabloids -- how much responsibility do the tabloids have in this case?

I mean it really was all over the place.

BLOOM: Yes.

BEHAR: She was all over the place looking, as he said, stupefied. Brown said that.

BLOOM: Yes, well, look -- and I think that's going to be part of the defense is, you know what, they got prescriptions under false names because the tabloids were after her and they wanted every detail and she wanted some privacy. And as a celebrity, maybe she may be entitled to that.

I think that may be a valid defense as to why they were under false names. But there's no defense that I can see why thousands of pills, Joy...

BEHAR: Thousands.

BLOOM: ...thousands. Six hundred pills were missing in the five weeks before her death.

BEHAR: Yes.

BLOOM: She was given thousands of pills in the years before her death.

BEHAR: Krista, where did she get thousands of pills?

BARTH: Well, you know what?

Discussing -- discussing the details of this is not appropriate. I think that the most important thing to focus on here is the way that our judicial system is supposed to work -- and Lisa is well aware of this, despite the fact that we're all here tonight. We're here in response to what was done to my client in the media last night, again today with a press conference.

I mean how often does that happen, that we're talking about a situation -- you are not supposed to say -- and I'm quoting here -- something that you know reasonably should -- or reasonably should know will have a substantial likelihood of materially prejudicing an adjudicative proceeding in this matter. What...

BEHAR: All right...

BARTH: What that means -- no. What that means in this situation is when you say things like he is the primary enabler, what possible reason could you have...

BLOOM: Well, he probably shouldn't...

BARTH: ...reason could you have...

BLOOM: OK, you know what, Krista?

BARTH: Some... BLOOM: I agree with you there. He probably shouldn't have said that your client was the primary enabler. But the real problem is the 11 count indictment, I mean, the detailed indictment against your client. And we all know he's the guy who held a baby month after month that wasn't his and refused to do a DNA test.

So the public already does know (INAUDIBLE)...

BARTH: You know what, that's absolutely -- that's absolutely not true. And you know what, the fact that people don't like this guy...

BLOOM: What, the baby is his?

BARTH: No. The baby is not his. But, you know...

BLOOM: Of course not.

BARTH: ...there is -- you have no idea the background is. All of you speak without knowledge. I have spent...

BLOOM: I don't know what background would...

BARTH: ...the past two years of my...

BLOOM: ...be to justify holding a baby that's not yours.

BEHAR: All right, I'm going to have to stop you girls because I have to go on to the more -- the funnier side of LARRY KING tonight.

BLOOM: OK.

BEHAR: Did you know that Jimmy Fallon is dying to meet Queen Elizabeth?

What a segue.

BLOOM: Who knew?

BEHAR: And Jimmy is here to tell us why and how it feels to be in the late night hot seat, next.

Thank you very much, girls.

I call you girls.

(COMMERCIAL BREAK)

BEHAR: OK, how would you like the whole country to give you a job review?

Jimmy Fallon knows what it's like. He debuted two weeks ago as the new host of "Late Night".

Jimmy, you survived.

JIMMY FALLON, HOST, "LATE NIGHT WITH JIMMY FALLON": Yes. BEHAR: You got here.

How do you think it went down?

Because you got great re...

FALLON: Oh, it was (INAUDIBLE)...

BEHAR: You got great numbers.

FALLON: I got -- yes. Oh, the ratings are unbelievable. Yes. I think the reviews were fair, too. It's like, you know, I think we're just trying to find my way into -- I've never hosted a talk show before, so this is all brand new for me. I'm just finishing my second week. I think I've gotten better as the week went on. I mean I started with probably one of the hardest things -- the hardest interviews that I could possibly do, I think.

I had...

BEHAR: De Niro?

FALLON: I had Robert De Niro on the first show.

BEHAR: Now why didn't you get, you know, like -- if he were alive -- Marcel Marceau?

He talks more than De Niro.

(LAUGHTER)

BEHAR: I mean, seriously.

FALLON: I was thinking about getting a mime. I mean, I thought that would be a good idea.

BEHAR: A mime would have been better than De Niro.

FALLON: De Niro gave me exactly what I wanted him to give me, which is nothing. He doesn't talk. We talked. He doesn't even talk...

BEHAR: So why did you book him?

FALLON: Because...

BEHAR: Because he's a big star?

FALLON: Yes. Because the first show, it means nothing, really, as a thing to me -- like the first show, it's just so much hype. And my mom is there, my dad, my aunt, my uncle, my sister. My office was balloons and flowers. It was like when I got my appendix out. It wasn't like an office, it was like a hospital room.

(LAUGHTER)

FALLON: It smelled like a funeral home. I'm trying to work. It was just like -- the first show was, really, I just wanted to get -- get big names. I knew De Niro. I was like, look, try to talk.

BEHAR: Yes.

FALLON: I sent him e-mails, actually, I sent him -- of all these questions like what if you got this?

You know, I gave him like 10 questions. Then he goes let's get a little bit more. Let's get a little bit more.

(LAUGHTER)

FALLON: So I sent him more questions. Now, this is true.

BEHAR: Do the face.

FALLON: Here you go.

Do you like it?

BEHAR: You guys can laugh. It's OK. He's a comedian.

FALLON: I'd like a little bit more. A little bit.

(LAUGHTER)

FALLON: So I sent him more questions. Then he goes, can you send me more questions?

I said, look, this whole thing is going to be six minutes long, that's it. And he goes, oh, all right. Thank God, these questions are getting worse and worse.

(LAUGHTER)

BEHAR: Oh, he judged the questions?

FALLON: Yes. That's what I thought.

BEHAR: Oh, that's hilarious.

FALLON: Oh, he was great.

So he came on. He gave me what he does. He has one word answers.

I go, how are you doing?

OK.

(LAUGHTER)

FALLON: Yes.

BEHAR: All right.

FALLON: You know, he does like one word answers. So it's like interesting, you know, to figure that out. I mean you -- you know what It's like to -- when you talk and then you have to go to a commercial. I'm just getting used to all that stuff now.

BEHAR: Well, there's nothing worse than -- you know, the commercials, you have to do all that. But when you get a guest who sort of just stares at you and doesn't have an answer and you're like I've got to ask him another question then.

FALLON: Yes, that's, I mean, actually...

BEHAR: Yes.

FALLON: Well, you know, you get a lot -- I got a lot of great advice from a lot of people. And Jay Leno actually said to me, he said, look, don't worry about booking such a huge name because sometimes the biggest names aren't the best guests.

BEHAR: Right.

Oh, he said that?

FALLON: They're great actors, but they can't talk.

BEHAR: I see. You -- it's like a -- it's like a white male lineup.

FALLON: Yes.

BEHAR: First, there's Leno, who was at 10:00.

What do you think of that?

FALLON: It's going to be interesting. It's going to be -- it's going to be...

BEHAR: Do you think he'll be good at 10:00?

Or, you know, people are not used to that.

FALLON: Yes. Oh, yes.

BEHAR: They're used to seeing some -- some cop show or some medical drama...

FALLON: So we're the end of the program.

BEHAR: Somebody dies, usually.

FALLON: Well, maybe he'll set the show in a courtroom. We don't know. That would be kind of interesting.

BEHAR: Yes.

FALLON: Your honor, let's -- let's go through this next (INAUDIBLE).

(LAUGHTER)

FALLON: If he sets it in a courtroom, we've got a hit. That's great.

BEHAR: Yes.

FALLON: But I mean I think -- it doesn't affect me at 12:30. But I think either you're awake at 12:30 or you're not awake at 12:30.

BEHAR: Well, most people are not awake at 12:30.

FALLON: The TiVo.

BEHAR: Just FYI.

FALLON: Wait until those TiVo numbers come in. That's the real rating.

BEHAR: Thank goodness the Nielsens are doing TiVo numbers now, I heard.

FALLON: They are...

BEHAR: Yes.

FALLON: ...but I don't think -- they're not counting them yet. I think they said that it's going to take a month for me to see what the numbers are.

BEHAR: Oh. Well, that's all right. You'll stand it.

FALLON: I try not to even know the numbers. I walk through the office...

BEHAR: Yes.

FALLON: ...and people would come and tell me.

BEHAR: Don't think about them.

FALLON: They tell me (INAUDIBLE). Like, I don't even want to hear bad news. It was like well, we kind of got hit today.

BEHAR: Yes.

FALLON: And I go, really?

And then I'm curious and I have to find out like -- on the Internet -- like who talked about me, what happened, what -- and, you know, it's -- it's pretty fair.

BEHAR: What did Conan say to you?

What kind of advice did he give you?

FALLON: He just gave me kind of basic advice. He said to me just trial it, because the more you do it, the more you do it, the more you learn. And he's like that's just the best. You've just got to jump into the fire and just get it and just get it going. And he had it the worst. I mean critics killed him and people wanted him dead.

BEHAR: Yes, they did.

FALLON: They really did.

BEHAR: He had a very hard time, I think, at that point, I know.

FALLON: Oh. And he was unknown and...

BEHAR: Yes.

FALLON: But he helped me out. He did the (INAUDIBLE)...

BEHAR: But he said they left him on there a long time. They gave him a lot of leeway, I thought.

FALLON: But they -- at first they didn't. I think he was on like a -- I think it was a week to week basis. Like the crew members didn't know if they had jobs for the next week.

BEHAR: Really?

FALLON: Oh, it was crazy. You hear stories now, like he was under a lot of pressure.

BEHAR: Yes.

FALLON: You've got to give it up for him. You know, he had a lot of strife.

BEHAR: How do you think he feels about moving to L.A. ?

I mean he's...

FALLON: He's very pale and he's red-headed.

BEHAR: He's very pale.

FALLON: And so this is going to be tough for him.

BEHAR: Oh my god...

FALLON: He's got to stay indoors.

BEHAR: ...he'd better pour that SPF on his head.

FALLON: It's going to be -- yes. It's going to be a last year of SPF all over him.

BEHAR: Or he'll be -- he'll be dead.

FALLON: He give me that pickle, by the way.

BEHAR: He did?

FALLON: The pickle at the thing is -- I guess Letterman left a pickle for Conan. That -- It's an oversized...

BEHAR: Why?

Why a pickle?

FALLON: It's a classic pickle.

BEHAR: What is it about?

FALLON: It's bizarre. It's 12:30...

BEHAR: I mean, what's the point?

FALLON: I don't know.

BEHAR: Is it some phallic thing?

FALLON: No, I don't think so. I hope not. I...

(LAUGHTER)

FALLON: I'm hanging it on my wall.

BEHAR: Well, you guys, you know, you have your...

FALLON: I don't (INAUDIBLE) pass the pickle, I could see where that could get construed...

BEHAR: You have your little -- you know, your little jokes, you guys, you male comedians.

FALLON: Yes. No, I mean...

(LAUGHTER)

FALLON: No. I didn't -- I didn't get the joke if it was that. I thought it was just a nice...

BEHAR: Isn't that funny, because it's the first thing that came into my head.

FALLON: I thought it was just a nice gift. I'm hanging it up. I go that's -- Conan gave me that pickle. It's from Letterman.

BEHAR: Yes. Yes, yes.

FALLON: You know, to be honest, it's probably not even from Letterman.

BEHAR: No, it's probably not even. It's some made up thing...

FALLON: Yes.

BEHAR: Some -- some crew guy.

FALLON: Now... BEHAR: OK...

FALLON: ...please take that picture down. That was looking (INAUDIBLE).

BEHAR: There it is.

FALLON: Now it's (INAUDIBLE)...

BEHAR: See?

FALLON: Now it's looking.

BEHAR: Now you realize the problem.

FALLON: Now you're really...

(LAUGHTER)

FALLON: Now I get it. All right, I'm sorry.

BEHAR: OK.

FALLON: But we have Chelsea Handler. She's on at nighttime.

BEHAR: Very funny.

FALLON: (INAUDIBLE).

BEHAR: OK. I have to take a break.

FALLON: Yes. Break time.

BEHAR: We'll take a peek at Jimmy's new show in 60 seconds.

(COMMERCIAL BREAK)

FALLON: There he is again with the...

(LAUGHTER)

BEHAR: Welcome back to LARRY KING LIVE.

They love that...

FALLON: This guy has got it out for me.

BEHAR: They love that pickle right now.

FALLON: They've got it out for me.

BEHAR: We're talking to...

FALLON: They were eating my pickle.

BEHAR: We're talking to the very funny and apparently gorgeous Jimmy Fallon.

FALLON: What?

BEHAR: Yes. All the guys here are saying how handsome you are.

(LAUGHTER)

BEHAR: Jimmy's got quite a resume.

Here's a look at his greatest hits and, well, maybe just a couple of misses.

FALLON: OK.

BEHAR: OK.

(BEGIN VIDEO CLIP)

FALLON: All right. I'm here with the number one tennis player in the world, Serena Williams. And we're going ahead to head at the beer pump.

(VIDEO CLIP)

FALLON: They're coming. Come on, pump. Get out of the way. (INAUDIBLE).

FALLON: You know, I was going to make a joke about this news story. But you know what, I don't think this news story needs a joke. I think it needs to be slow jammed (ph).

(SINGING)

If you're thinking back, the president's stimulus package just passed through Congress. Oh, yes, Measure HR-13, introduced by Nancy Pelosi.

(CROSSTALK)

(END VIDEO CLIP)

FALLON: (INAUDIBLE).

BEHAR: Yes, you know...

FALLON: In that slow jam (ph), it was just all facts.

BEHAR: That little band you have there is fantastic.

FALLON: The Roots. The Roots.

BEHAR: The Roots. They're very good. And who's the guy who does the -- makes up the songs?

FALLON: That's Tariq, or also known as Black Thought.

BEHAR: Uh-huh.

FALLON: Yes.

BEHAR: Black Thought?

FALLON: Black Thought, yes.

BEHAR: Oh, that's interesting.

FALLON: That's his -- yes. That's his hip-hop -- that's his hip- hop name.

BEHAR: I watched your show And I see that you do a monologue from the way, you know, the rest of them do.

FALLON: Yes.

BEHAR: Are you a standup?

How much standup have you actually done?

FALLON: I started when I was 17. And I did mostly impressions and stuff like that. But I started in Upstate New York. And, you know, I did -- you know, my act was never like, oh, my God, it's Richard Pryor.

BEHAR: Yes.

FALLON: It was like here's my act. It was like pop culture. I did impressions of, you know, Jerry Seinfeld and Casey Kasem.

BEHAR: I see.

FALLON: You know, and then the...

BEHAR: So you were not one of these comics who like, you know, comes from the gut and tries about his life and all the drug addiction and all that stuff?

FALLON: No.

BEHAR: You didn't do that?

FALLON: No, I'm Irish Catholic. I'm embarrassed to even mention my parents, you know, or -- I don't look at myself -- I shower in the dark. I mean it's really -- it's a nightmare. It's a tough life I live.

But, you know, it's more pop stuff. And I talk about my GPS machine and how...

BEHAR: Yes.

FALLON: ...I give it a nice soothing British lady voice and she gives me directions, you know, like (INAUDIBLE) please make a left, you know? Bong. Recalculating.

(LAUGHTER)

FALLON: You know, that's -- I'm a terrible driver.

(LAUGHTER)

FALLON: But I do like it. It's like a Mary Poppins teaching me how to drive.

BEHAR: OK.

FALLON: I do stuff like that.

BEHAR: Do you think Jimmy is doing a good job?

Go to CNN.com/larryking and tell us what you think.

FALLON: No, not really. I don't...

BEHAR: We'll share your blogs...

FALLON: I can leave.

BEHAR: Really, it's a little embarrassing but...

FALLON: Yes, I don't want to hear the results.

BEHAR: We'll share your blogs with Jimmy later in the show.

FALLON: Oh, thank you.

BEHAR: Be honest. Be honest.

FALLON: I don't want to see them.

BEHAR: Be honest. He really wants to hear it.

FALLON: I have enough pressure.

BEHAR: You know you want to hear it.

FALLON: All right.

BEHAR: More after this.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP FROM "LATE NIGHT WITH JIMMY FALLON," COURTESY NBC)

FALLON: My staff wanted me to challenge you to a dance-off.

(LAUGHTER)

FALLON: Is that cool?

UNIDENTIFIED FEMALE: I already know how this is going to end.

FALLON: All right.

This one is called "The Blindfold." Crunch up, crunch up, (INAUDIBLE), stop.

Your dancing is so weak, you need a stimulus plan to save it.

(LAUGHTER)

(END VIDEO CLIP)

BEHAR: You have some wacky stuff over there.

FALLON: It's (INAUDIBLE).

BEHAR: Carmen Diaz is a good sport.

FALLON: Oh, she's the greatest.

BEHAR: She's a lot of fun.

FALLON: And how gorgeous is she dancing...

BEHAR: She's beautiful.

FALLON: She knows how to do it up. So I figure I would challenge her to a dance-off knowing that I'd easily lose.

BEHAR: You could go on "Dancing With The Stars" with that routine.

So...

FALLON: You know, I tried to do my blindfold dance.

BEHAR: The blindfold dance?

FALLON: I thought that would catch on. It was just embarrassing.

BEHAR: Is that from "Saturday Night Live" days?

FALLON: I just made it up because I don't know how to dance.

BEHAR: You just made it up.

FALLON: You know, it's weird, like I don't go to dance clubs. I don't do any of that stuff. And so I don't really know how to dance. So I can pretend, like joke.

BEHAR: Yes.

FALLON: I can joke dance all night long.

BEHAR: Well, you're a comedian. You don't have to really know how to dance. You can just joke dance.

FALLON: Yes. And then when it's -- if it's -- it's weird (INAUDIBLE) like a wedding and you have to dance. And you're in the suit. It just doesn't look cool. And so I don't know what to do, so I just end up doing joke dances. So I just end up doing that.

(LAUGHTER)

FALLON: It's like it makes no sense. Yes.

BEHAR: And what's this thing about lick it for 10?

Where did you come up with this?

FALLON: Lick it for 10 just, I like...

BEHAR: That is so dumb.

FALLON: It's so dumb, but the title is so -- I love it. In fact, a 10-year-old kid was walking by the other day and he goes -- and somebody said hey, Jimmy. And this kid goes, lick it for 10. I go what have I done?

BEHAR: Oh, it's catching on.

FALLON: What have I done?

BEHAR: It's very scary.

FALLON: What have I done?

BEHAR: Would you lick this?

This is my -- this is Larry's microphone. Lick it for us.

FALLON: I -- you know, I don't...

BEHAR: Lick it.

FALLON: I don't lick it.

BEHAR: I'll give you 10 bucks.

FALLON: Are you going to give me 10 bucks?

BEHAR: Yes, I have 10 bucks right there.

FALLON: Well, this is what makes the contest fun. That's OK.

(LAUGHTER)

FALLON: That's why we do it. It's like it's 10 bucks. We don't make them like gross things.

BEHAR: You don't?

FALLON: No.

BEHAR: It's like germs, isn't it?

FALLON: Well, Larry's microphone, sure.

(LAUGHTER)

FALLON: (INAUDIBLE). He's down there and talking too close into it and then, you know, the next thing you know...

BEHAR: This is a prop, OK, jimmy?

FALLON: Yes. See, Drew licked a bowling ball (ph). That's Drew Barrymore.

BEHAR: It's Drew Barrymore licking this bowling ball.

FALLON: She licked a bowling ball. You know...

BEHAR: How did you get her to do that?

FALLON: She wanted to. She was trying to lick it for 10.

BEHAR: She is?

FALLON: Yes. A lot of that people that come on the show, they're like do I got to lick something today?

BEHAR: Yes.

FALLON: I go I don't know, it was just something we did.

BEHAR: All right...

FALLON: It's not like every show we make people lick stuff.

BEHAR: All right, Let me ask you this, because we...

FALLON: I would lick Larry's microphone (INAUDIBLE).

BEHAR: No, well, we need you to do it now.

FALLON: Really?

BEHAR: Yes, come on.

FALLON: Oh, for goodness sakes.

BEHAR: Cameras, please, watch this.

FALLON: Do you have $10?

BEHAR: I'll give it to you later.

OK, that's good.

Here's 10 bucks right there.

FALLON: Now I've got to...

BEHAR: Come on, one of the cameramen has it.

FALLON: Now I've got to lick Larry's suspenders...

BEHAR: Here you go. Here's your...

FALLON: ...is next.

BEHAR: Here's your $10.

FALLON: And it's like can I go all the way down to his glasses?

(LAUGHTER)

FALLON: Lick my suspenders for $5.

(LAUGHTER)

FALLON: No thanks.

BEHAR: All right, now. One other thing I wanted to ask you.

FALLON: Yes?

BEHAR: Like the official announcement for this show came up...

FALLON: Yes?

BEHAR: Like they were hid -- it had you in hiding. You -- we didn't see you for a while.

Where were you while...

FALLON: I was doing standup. I actually went back to do -- Loren (ph) told me to do standup, you know, go back to where I had started.

BEHAR: Uh-huh?

FALLON: I used to do a lot of impressions. So I went to clubs all around the country. I went to Zanies in Nashville.

BEHAR: Oh, Zanies. Oh, Ha-Has (ph) and Zanies.

FALLON: No it's real names (INAUDIBLE).

BEHAR: Yes, I know.

FALLON: Bananas in Poughkeepsie.

BEHAR: I know. Oh, yes.

FALLON: I went to, you know, the improvs all over the place -- West Palm. And I just -- I have a quick, funny story. I was just going out trying 10 minutes of comedy and I went to this club, Zanies in Nashville. And the same night, Clint Black was doing standup.

BEHAR: Oh, really?

FALLON: On a reality show (INAUDIBLE).

BEHAR: Was he wearing his hat?

He wears the hat.

FALLON: Well, he had the hat.

BEHAR: Yes.

FALLON: But he came out and the emcee is like we've got a surprise for you. Clint Black is here. He's going to do standup.

And Clint Black came out and he did standup for the Sea -- he was preparing for a CBS reality show.

And then he left. And then it was like, and now, from "Saturday Night Live," Jimmy Fallon is here. And I came out with a guitar.

BEHAR: Yes?

FALLON: And I just felt like -- I felt so bad for the people like Clint Black was doing standup and they could hear me sing (INAUDIBLE)...

BEHAR: That's really. That's (INAUDIBLE) turnabout.

FALLON: That's why a light's on up there.

BEHAR: Coming up, Jon Stewart has his nemesis, David Letterman has his.

Well, will Jimmy have one and who will it be?

Stay with us.

(COMMERCIAL BREAK)

JOY BEHAR, HOST OF "THE VIEW: OK, the big story in late-night comedy world has been Jon Stewart's smack down of CNBC's Jim Cramer last night on "The Daily Show." Check it out.

(BEGIN VIDEO CLIP)

JON STEWART, HOST OF "THE DAILY SHOW": I got to tell you. You know, I understand you want to make finance entertaining. But it's not a (bleep) game.

JIM CRAMER, HOST OF "MAD MONEY": Jon, don't you want guys like me who have been in it to show the shenanigans? What else can I do?

STEWART: No, no, no, I want desperately for that. But I feel like that's not what we're getting. What we're getting is--listen, you knew what the banks were doing, and yet were touting it for months and months. The entire network was.

And so now to pretend that this was some sort of crazy, once in a lifetime tsunami that nobody could have seen coming, is disingenuous at best, and criminal at worst.

(END VIDEO CLIP)

BEHAR: What do you think of that? It's a little scary, isn't it?

JIMMY FALLON, ACTOR: Yes. But I think his job is to make fun of the media and the news media, and that's what he's doing.

BEHAR: Remember, he ruined Tucker Carlson also, Hon Steward. He's powerful.

FALLON: He gets in to them. You don't f with him. You really don't. You don't have a video of him sitting the opposite of me, do you? Because Then I'm really screwed.

BEHAR: I have a little thing with Anne Coulter. Who's your feud going to be with?

FALLON: Weirdly enough, I had Tracey Morgan on tonight, and he said bad things about me in Penthouse magazine.

BEHAR: Serious?

FALLON: Yes.

BEHAR: What did he say?

FALLON: He said they laughed at my stuff. And he said I told Jim don't ever mess with my s-h-i-t when I do a sketch, or something like that.

And this is like when I didn't have a job, was in L.A., and he's winning awards on "30 Rock." I got all these emails, so I had him on my show. And he's cool enough.

Like Jim Cramer was cool to go on Jon Stewart, I think. You have to give him props for going on.

BEHAR: He'll go on anything.

FALLON: Tracey --

BEHAR: He even came on "The View." He'll do any show.

FALLON: So Tracey came on tonight, and I asked him, I go, "What's up? What's the deal? Do you not like me? Because I thought we had a great time." We would hang out until 5:00 in the morning and his shirt would come off in a club dancing around.

BEHAR: And then he turned on you in the press.

FALLON: And he goes, "I apologized to you in numerous things. They just don't print the apology. I'm sorry."

And we were both wearing snuggies(ph) at the time, which was a little wild.

BEHAR: The snuggies(ph). You bonded.

FALLON: We bonded. We made the whole audience wear snuggies(ph) tonight.

BEHAR: Do you think that we're serious underneath it all, comedians?

FALLON: I think sometimes when you study comedy too much, you end up enjoying the art of the joke more than the joke.

BEHAR: Yes, yes, yes.

FALLON: Like I have seen Holy Grail so many times taht I don't laugh so much as go "That's great. That's phenomenal."

BEHAR: Well, yeah. A lot of people say, and these are people who are not comedians, they'll say something funny, and a comic will go, "that was funny."

FALLON: Yes.

BEHAR: And they are so happy to hear that.

FALLON: Or sometimes they do that Paul Schaeffer laugh-ahh. That's not a real laugh.

BEHAR: That's gas.

FALLON: It's just some people going, like, "I got the joke, and that's clever." My wife didn't understand that. I do a joke, and all of the sudden you here in the background-ahhh. She goes "What's that?" and I go "That means he got the joke."

BEHAR: We're not letting Jimmy go. He'll be here after the break. So don't go away.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

BEHAR: Jimmy, I heard you love Facebook. How often do you update your status?

FALLON: I update probably like twice a day. I don't want to get too much. That's the thing about Facebook, it's all like in your convenience.

It becomes addictive. It becomes really fun.

BEHAR: Yes.

FALLON: And you can just say, "Hey, I'm eating a meat ball sub." And people want to hear, and they go "Oh, I love meat ball subs."

(END VIDEO CLIP)

(INAUDIBLE)

BEHAR: Oprah's hair looked good.

FALLON: Did it look good?

BEHAR: Yes, I thought it was very good.

FALLON: I think Gail looks good.

BEHAR: Gail looks good too?

FALLON: Gail is great.

BEHAR: She's very pretty.

When you were a kid, I read this somewhere, it's so interesting-- your kindergarten teacher wrote on your report card that you smile too much. What were you smiling at?

FALLON: I think I was getting yelled at, and I would just smile as they were yelling at me, and they didn't like that. Yes, it was ridiculous.

BEHAR: So that was your reaction to being yelled at was that you would just smile and sort of psych them out a little bit.

FALLON: Yes. She would say "stop smiling," and that would just make me smile more.

BEHAR: Was she a real strict nun?

FALLON: She was almost a nun, or trying to be a nun.

BEHAR: What do you mean "almost a none?" like Ingrid Bergmann in the "Bells of St Mary's?"

FALLON: No, she had -- I don't know. Someone did the research. I think she was a nun, or almost a nun.

BEHAR: And the other thing about you that was interesting was that you blew your first audition for "Saturday Night Live." I read that.

FALLON: It did not go well at all.

BEHAR: What happened there?

FALLON: I do impressions. That was my act. And when I first came out, they didn't set it up right. I was shaking nervous-

BEHAR: You're so nervous.

FALLON: --in the audience. And it was at the concert, Lucian's place.

BEHAR: Lucian Hold(ph)

FALLON: And Lucian Hold(ph) put me up, and it was great.

And to be honest, they were looking for a black cast member. So I didn't really have a chance. But it was good practice.

BEHAR: So then what happened?

FALLON: Then a year later, they were looking for new cast members. We want to see Jimmy again. Tell him not to do the act he did last time.

BEHAR: Bring something new.

FALLON: Something new. So I thought of a whole new thing. I used to do commercials for a doll, and then this one I changed to a celebrity walk-a-thon. So I would do Seinfeld, and go "Why are we all walking? We're all going to the same place. Let's just take a bus. It's a bus-a-thon."

BEHAR: That's good.

FALLON: Thank you. So I used to do stuff like that.

BEHAR: Who else do you do.

FALLON: I did Adam Sandler.

BEHAR: Let's hear Mick Jagger.

FALLON: Mick Jagger is just like this-"We're going to walk around and strut. That will be great."

BEHAR: You don't have the lips for it.

FALLON: I really don't. I have a white Irish guy's lips.

BEHAR: You need to get the doctor that the octo-mom's using for her lips.

FALLON: My face is like Angelina Jolie's face. That would be perfect. BEHAR: And also who else do you do?

FALLON: I did Adam Sandler.

BEHAR: How does Adam Sandler go?

FALLON: He's got three levels of voice. He's starts off "I like to walk sometimes, and my mother would be like." And then he goes like (INAUDIBLE). And then he goes, "Shut up!"

And that's it. So there's three levels. That was the levels of Sandler. BEHAR: You're very good at that.

FALLON: I did that, Lorne started laughing.

BEHAR: Lorne laughed?

FALLON: Yes.

BEHAR: Oh, my god. It's like Garbo spoke. Lorne laughed.

FALLON: He laughs, and I figure even if it don't get this, it was my "Wonder Years." I heard Joe Crocker in the background, like slow motion, like "What would you do?"

And then I walked off the stage, and I never saw Winnie again.

I took pictures the day I was at my audition of everything. I have pictures of the carpet in the elevator of the NB--

BEHAR: You were so taken with the whole thing. That is so sad.

FALLON: It's sad, but it's true.

BEHAR: I know, but just smile.

OK, your blog questions are next. And Jimmy is sticking around to respond.

FALLON: Yes, I want a lot of questions. I don't want to see that survey anywhere.

BEHAR: Back in 60 seconds. We won't give you the survey.

FALLON: Thank god no survey.

(COMMERCIAL BREAK)

BEHAR: Time for your blogs. Larry's blog correspondent, David Theall, joins us for a look at what people are saying tonight--David?

DAVID THEALL, LARRY KING LIVE BLOG CORRESPONDENT: This is the conversation that's happening at CNN.com/larryking. A lot of excitement coming up about the marijuana debate that we're going to be doing here shortly, Joy, with Representative Ron Paul and Steven Baldwin. People are already debating that issue.

With Jimmy, here's some of the comments that we're getting as you talked to him there. "Fresh, new funniness to late-night TV." "Very likable guy except when he's a crazy Red Sox fan."

Somebody else said "Gay men love Jimmy. You are so incredibly hot."

BEHAR: I told him.

THEALL: Another said "I thought Jimmy was in a no-win situation, but his show is actually watchable. Congratulations."

And somebody else wants to know if you're going to have Ron Paul on your show, Jimmy.

FALLON: They want Ron Paul on my show?

THEALL: They do.

BEHAR: No, we're having Ron Paul on this show.

THEALL: But they're asking also will they have him on Jimmy's show.

BEHAR: OK.

(CROSSTALK)

FALLON: The blogs don't lie, man.

THEALL: We do have a question for you, Jimmy. From Jennifer, here's a question. She wants to know is your wife off limits in your comedy routines or monologues, and if so, why.

FALLON: Interesting. Is my wife off limits? No, no, I think she's totally in limits. In fact, limited. I mean, she's so cool.

BEHAR: Does she make jokes?

FALLON: She totally makes jokes, and she's a great person to bounce stuff off of. When I was practicing for the show, I would wake her up every morning, give her a mug of water, and then I would interview her every morning.

And then we'd roll a clip, and then we would go back to sleep. She was really helping me out.

BEHAR: That's great. It sounds like a fantastic marriage.

Listen, you were terrific. I really enjoyed it.

FALLON: You're awesome.

BEHAR: You're terrific.

Thanks, David and Jimmy.

FALLON: Yes, thanks David. Now let's get to the marijuana thing since everyone is blogging about it.

BEHAR: OK. It's Friday fight night, and the fight tonight is over legalizing weed. Actor Stephen Baldwin and Congressman Ron Paul get into it next.

(COMMERCIAL BREAK)

(NEWS BREAK) BEHAR: Olympic swimmer Michael Phelps finally spoke out publicly about the bong photo seen around the world. Here's what he told Matt Lauer on "The Today Show."

(BEGIN VIDEO CLIP)

MICHAEL PHELPS: We were just celebrating, honestly. It was a small group, and we were just sitting around celebrating.

MATT LAUER: I have to ask you, were you smoking pot?

PHELPS: It was a bad mistake. We all know what you and I are talking about. It was a stupid mistake, bad judgment.

(END VIDEO CLIP)

BEHAR: Should marijuana be legalized? We'll debate the pros and cons right now.

In the anti-legalization camp is actor Stephen Baldwin. And on the pro side is Congressman from Texas Ron Paul. He was a presidential candidate, and Paul has sponsored hemp related legislation.

Gentlemen, round one. OK, what's your reaction to the ho-haw over the Phelps photo--Ron?

REP. RON PAUL, (R) TEXAS: I'm sorry, over the what?

BEHAR: Over the photo, the Michael Phelps photo. What was your reaction to all of that? What happened with Michael Phelps? He basically lost a lot of his endorsements.

PAUL: The whole thing is a mess, it's outrageous. I think we're getting carried away with the whole war on drugs. That's how silly the whole thing gets.

Drugs are very dangerous, but there's a lot of things that are very dangerous. The question is who should regulate danger? Should we assume responsibility for ourselves, or should the government take care of us? And I don't believe in the nanny state.

If you do have regulations and laws, they should be at the state level, not at the federal level. We didn't even have a federal law up until 1937. And here we are, we have spent hundreds of billions of dollars in a very unsuccessful attempt to regulate drugs.

And you have all these weird examples. That's one example that you mentioned. What about a sick person dying with cancer goes out and uses marijuana when it is legalized in a particular state like California, and the Feds come in and arrest him.

There's so much violation there of common decency and the constitution. And it makes no sense. The drug war is a total failure, and the federal drug war ought to be revisited, and, for the most part, gotten rid of. BEHAR: Steven Baldwin, hi. You're against legalizing marijuana. Why?

STEPHEN BALDWIN, ACTOR: It's a little bit ironic. I can see why Jimmy wanted to rush out of there so quickly.

Here you're looking at an actor that has starred in two very popular marijuana films "Half Baked" and "Bio-dome." And here I am bringing a faith-based, conservative perspective to this issue.

And, obviously joy, there's a lot of common sense that needs to be included in this conversation. It's a very simple reality. Marijuana leads to doing worse things. That's just a fact. I don't care what anybody says, what the debate it. When you smoke marijuana at a young age, it will usually lead to alcohol abuse and harder drugs.

So right there, that's one reason why it should not be legalized.

BEHAR: We have heard for years, that it's a gate way drug. What do you say to that, Congressman Paul.

PAUL: I think that's silly. Probably the most addictive drug in the country, in the world is nicotine. And nobody talks about nicotine being a gateway drug. So there's no sense to that.

And besides, it's not nearly as addictive as alcohol. So if you're a consistent person and you think the government should be regulating personal behavior, you have to be for prohibition of alcohol.

And when you look back and throughout history and what happened to that, that was a total disaster. It created Al Capones.

And right now, there's so much violence today not because people use drugs, but because they're illegal.

You know the people who benefit the most by all these laws? These are the drug cartels. They lobbied to keep these laws in place, because they can't exist without them. You don't have the Al Capones now because you don't have the prohibition of alcohol. Prohibition is what is bad.

And this does not mean we endorse personal behavior that is not beneficial. It just means who regulates personal behavior. And it shouldn't be the state. It has -- there's no benefits to it. Just like regulating church behavior or religious behavior of any sort.

So I see no purpose in doing this.

BEHAR: OK, Steven, we'll get back to you when we return. OK, more Baldwin versus Paul.

(COMMERCIAL BREAK)

BEHAR: OK, we're back. Stephen, let me ask you a question. Congressman Paul brought up the whole idea of medical marijuana. What is your response to that? People have glaucoma, they're nauseous from anti-cancer drugs. What do you say to that?

BALDWIN: Well, again, you know, there is, you know, not a whole lot of research to back up the fact that there aren't alternatives even to that. There's lots of pain relieving practices that people can study.

So, I must say, to be honest with you, Joy, when, in fact, there are people for those reasons that do have success with it, then if prescribed under a controlled situation, then yes, obviously that makes a lot of sense.

But back to Mr. Paul's statement about the addictive aspects of smoking cigarettes. Obviously, if I smoke a cigarette, I'm not going to get into my vehicle and be impaired potentially to damage someone else's life.

If we legalize marijuana, there's no question the number of deaths related to people being impaired under the influence of marijuana is going to increase. The question is, just to be able to tax it, is it worth it? That's the question.

BEHAR: OK, Ron, what do you say to that?

PAUL: I understand there's a few people who smoke marijuana already. And how many times have you seen somebody arrested for driving under the influence of marijuana? I mean, I've never even heard of it.

Driving under the influence of alcohol, that is dangerous. But people shouldn't do that, and they should be responsible. But you can't get more people smoking marijuana.

It's just that what is so bad is the war on marijuana, putting people in prison, they can be caught using drugs for the third time, never committing a violent act, and putting them in prison for life. And yet rapists and murderers can get out.

And you think of all that expenses, you're talking about hundreds of billions of dollars that gets spent on this, and people who usually get sent to prison for nonviolent drug use come out as violent criminals.

So it makes no sense at all to pursue this method, because marijuana is not going to increase car accidents, let me tell you. That is not the case.

BEHAR: I would think that it's hard to detect if you're high on marijuana when you're pulled over by police. There's no breathalyzer test. So how would we know what affect it has?

(CROSSTALK)

BALDWIN: Well, that's -- go ahead, Mr. Paul. Go ahead, Ron.

PAUL: Well, that's a possibility, but even under today's circumstances, nobody gets arrested for it.

And the alcohol is a real culprit and the real problem. And yet we have people in Washington, D.C. who drink a lot of alcohol, let me tell you.

Because of political reasons, they're scared to death to even to vote to legalize the growing of hemp.

Hemp has nothing to do with smoking marijuana. And because of this obsession on the drug war, we can't grow hemp in this country. We send the help growing up to Canada, and then we buy the products that we make from hemp. So we export our jobs to Canada.

Hemp is a good product that we prohibit from being used. And it was legal up until even after World War II we were allowed to raise hemp in this country.

This is how hysterical this war on drugs has gotten.

So the sooner we come to this realization someday--actually I'm optimistic on this. I think this country is going to wake up like they did in the 30s and say prohibition didn't work.

Alcohol is a horror. It's made things worse. It has caused a lot of crime and violence. It's about time we just do this, get rid of the prohibition. Let the regulation go back to the state. Regulate it like alcohol.

And would the real regulation come from the individual and also from the family and the parents and the community. That's what prevents drug use, not some federal thug coming in with guns and arresting some kid, and throwing him for prison for life. That makes no sense whatsoever.

BEHAR: Are you saying that there are a lot of alcoholics in congress? Is that what I heard you say?

PAUL: No, I didn't say that. I said there's a lot of -- I said there's a lot of people in Congress who drink a lot of alcohol. And they won't vote to legalize hemp.

BALDWIN: I have a question.

PAUL: They won't let us raise hemp because they're afraid of the political consequences.

BEHAR: Is there any drug you would not legalize. I just want one more question to Ron, to the congressman. Is there any drug you would not-do you want to legalize all drugs, heroin included?

PAUL: I want to go back to a previous time prior to 1937 when the states did the regulating. And I don't advocate giving marijuana to 10-year-olds walking into a store. But, you know, the kids now can get more marijuana with all these laws easier than they can get alcohol.

So the states have every right to regulate and legalize and allow people to use these things.

BEHAR: We're running out of time. Stephen, I'm going to give you the last word before we go.

BALDWIN: I'm just curious, Joy. Do you think there's a lot of marijuana smoking Ron Paul supporters? I'm just wondering.

BEHAR: Have you ever smoked a joint, Ron? Congressman Paul, have you ever smoked a joint?

PAUL: This is the truth, and most people believe what I say. I have never seen anybody smoke marijuana, and I have never been in the same room with that.

BEHAR: I've got to go. OK, thank you very much.

(CROSSTALK)

PAUL: To me, it's the issue of freedom of choice.

BEHAR: -- to comment about this show or any other. Larry, thanks for letting me sit in for you. I had a great time. We'll see you back here on Monday with Judge Judy.

Time now for John King and "AC-360."