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No Blood Visible On Zimmerman; Security Scare At Philly Airport; JetBlue Pilot Facing Federal Charges; Obama On Ending Oil Subsidies; Police Pics Raise Shooting Questions; Zimmerman's Dad Speaks Out; Martin's Girlfriend Speaks Out; New Details On Pilot's Meltdown; Obama Targets Oil Industry Tax Breaks; Colorado Family Flees Deadly Wildfire; Representative Moore Tells Personal Rape Story; The Perils of a Lottery Pool; Obama: End Oil Industry Tax Breaks

Aired March 29, 2012 - 10:00   ET

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

CAROL COSTELLO, CNN ANCHOR: Good morning to you. I'm Carol Costello.

Just ahead in the NEWSROOM. New video of George Zimmerman at the police station on the same night he shot and killed Trayvon Martin. We're asking a former FBI agent if this video helps clear Zimmerman or raises more doubts surrounding his story.

Things are getting back to normal at the Philadelphia airport. Earlier this morning, police detained a man after finding an unknown homemade device. The man was taken into custody and he was questioned. Investigators say there is no indication of terrorism.

We're learning more about the actions of a pilot before his rant on a JetBlue flight.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: My God, I was so distraught. We've got Israel. We've got Iraq. We've got Israel. We've got Iraq. We've got to get down.

(END VIDEO CLIP)

COSTELLO: Clayton Osbon faces federal criminal charges and witnesses reveal some unique things he said and did before boarding that flight. A live report with details on all of that straight ahead.

Plus record high profits for oil companies and near record high gas prices for drivers. President Obama questions why the federal government is giving big oil big tax incentives. He's going to talk about right around 10:45 Eastern Time. We're going to bring it to you live.

But we start this morning with several key developments in the Trayvon Martin shooting case. We're taking a closer look at all of the angles.

(BEGIN VIDEO CLIP)

COSTELLO (voice-over): New details from Trayvon's girlfriend who was on the phone with him before he was killed.

UNIDENTIFIED FEMALE: Trayvon said he looked creepy. Looked like he's crazy.

COSTELLO: The shooter's father talks for the first time and says George Zimmerman was acting in self-defense.

UNIDENTIFIED MALE: He was knocked to the concrete. Trayvon Martin got on top of him and just started beating him in the face and his nose, hitting his head on the concrete.

COSTELLO: But there's no visible evidence of that on new surveillance video of George Zimmerman arriving at the Sanford Police Department on that terrible night. The question now, what does it prove or not?

(END VIDEO CLIP)

COSTELLO: We want to explore that. Tom Fuentes is a former FBI assistant director and a CNN contributor. Welcome, Tom.

TOM FUENTES, CNN CONTRIBUTOR: Good morning, Carol.

COSTELLO: So is this video the smoking gun?

FUENTES: No. You know, one of the aspects of this investigation, I think, is every new piece of information that seems to come out each day, people try to grab it and say that proves the case one way or the other for or against Zimmerman.

I think what has to happen here is that the investigators need to do their job and gather the facts. That includes a lot of other information. The video is another piece in the puzzle of the entire case.

You need the time lines of the cell phone and the cell phone transmissions of Trayvon to his girlfriend and any other bystanders, witnesses, the conversations between Zimmerman and the police.

That all has to be put together in some kind of a meaningful timeline, as well as the federal investigation of trying to look all the whether Zimmerman committed a hate crime or denied Trayvon of his civil rights.

That means trying to determine from his background. Has he shown racist tendencies in the past or inability to say to control his anger or have other tendencies that might not be professional community watch person.

COSTELLO: So clearly, it's not as simple as looking at this videotape, but you know what people are thinking. A lot of people are thinking, you know, George Zimmerman said that Trayvon Martin attacked him.

This is according to Zimmerman's father. Trayvon Martin attacked him. He beat his head into the concrete. He hit him in the nose and possibly broke his nose. But when you look at this tape, and I know it's grainy, it appears that there's no blood on him. You don't see any signs of injury. He doesn't appear that upset. People are going to come to conclusions in looking at this videotape whether we like it or not.

FUENTES: That's right. They are. Unfortunately here, that's what's driving this case is public opinion and the opinions generated by a new piece of information being leaked out every single day.

And I think in a case like this, it's still possible that his head was hit on the ground or he had a broken nose and maybe they wiped off the blood off his chin or whatever before he got to the police station.

I'm not saying that's what happened, but I'm saying that's possible and that has still all be looked into. Did he require medical attention at the time or shortly after the time that he was in police custody being interviewed that night?

COSTELLO: OK, so you were an FBI investigator. You're looking at this video. Does it tell you anything, something?

FUENTES: Well, obviously he's not disabled. He's not severely injured. So it does tell you that. But you know, the aspect of a hate crime or even self-defense is really in the mind of the person that takes the action. That may never be proven one way or the other.

What was he thinking? Why did he pull that gun and pull the trigger? Now that should raise other questions as far as lawmakers and policymakers. You know, police officers -- and I was a police officer for six years before I joined the FBI and I worked private security details to make extra money that were approved by the police department.

Therefore, was carrying a gun fully authorized by the State of Illinois. You know, you go through thousands of hours of training in a police academy. Hundreds of hours of training centered on shoot, don't shoot decision making. The law involved, the emotions, how to keep control of yourself.

To stick somebody out there like Zimmerman with none of that training and just say, OK, he has a concealed firearm permit and can walk around carrying a gun, but doesn't have any of the law enforcement training, that's what's dangerous in this case and other similar situations.

Many states do not allow community watch people like this or private security guards to be armed when they are working a detail like that. And also, you have a separate piece here where he calls the police and the police say do not follow him, do not pursue him.

And apparently, he does that any way. So now you have -- and we're not going to have all of the answers ever. What's in Trayvon Martin's mind at the time? Is he fearing for his life when this guy comes after him and he's not wearing a police uniform?

He doesn't seem to have a position of authority like a uniformed police officer. So you have what's in the victim's mind, what's in the shooter's mind, and the only way to get indications of that is to do backgrounds on both and find out over the past, had they had these tendencies whether it's violence, whether it's racial hatred, whatever it might be.

So there are many, many aspects to this case and as each piece of information gets put out to the public almost on a daily basis, that's not what investigators do in running an investigation. They have to get the facts. They have to be diligent.

And from an investigative standpoint, if you're in charge of this investigation, you want your people to not have a predetermined opinion because as they investigate, they will subconsciously be trying to prove themselves right instead of objectively trying to gather the facts and hopefully the facts will be sufficient to determine what happened.

But as I said, the facts may never be completely established to prove beyond a reasonable doubt what was in Zimmerman's mind at the moment he pulled that trigger or whether there was a violent altercation or he was acting in self-defense having been pursued by Zimmerman so there are many aspects to this case.

COSTELLO: Definitely so. Tom Fuentes, thanks so much for joining us this morning.

Now let's return to the father of the shooter, Robert Zimmerman is speaking out for the first time. He's sticking by his son's story. He says George Zimmerman was involved in a brutal life or death fight with Trayvon Martin. He says his son fired his gun because he believed his survival depended on it.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Did Trayvon Martin say anything to your son as this was going on?

ROBERT ZIMMERMAN, GEORGE ZIMMERMAN'S FATHER: After nearly a minute of being beaten, George was trying to get his head off the concrete, trying to move with Trayvon on him, into the grass. In doing so, his firearm was shown.

Trayvon Martin said something to the effect of "You're going to die now or you're going to die tonight," something to that effect. He continued to beat George and at some point, George pulled his pistol and did what he did.

UNIDENTIFIED FEMALE: So you're saying that Trayvon Martin verbally threatened his life?

ZIMMERMAN: Yes.

(END VIDEO CLIP) COSTELLO: Robert Zimmerman concedes he was not on hand to witness that deadly confrontation and it's not clear if his version of events is coming solely from his son.

In the meantime, we're getting a different version of events from the girlfriend of Trayvon Martin. She says she was on the phone with the teenager when Zimmerman first began following him moments before the shooting. She said Martin didn't know why the stranger was shadowing him and he was afraid. Here's what she told ABC News.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: He was walking fast. When he say this man behind him again. He come and say this look like he about to do something to him and then Trayvon come and said, the man was still behind him and then I come and say, run! Trayvon said he do look creepy. He's crazy.

(END VIDEO CLIP)

COSTELLO: According to the 16-year-old girlfriend, she heard the teenager ask Zimmerman, what are you stopping me for and then Zimmerman ask, what are you doing around here? The girlfriend says she then heard the sounds of a scuffle and the phone went dead.

The other big story we're following today is the latest twists and turns in the case of that JetBlue pilot who had that terrifying meltdown in mid-flight.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: My God, I was so distraught. We've got Israel. We've got Iraq. We've got Israel. We've got Iraq. We've got to get down.

(END VIDEO CLIP)

COSTELLO: Today, the pilot, Clayton Osbon, faces federal, criminal charges. The sworn statements in the case reveal more about his bizarre behavior before the passengers managed to subdue him.

Witnesses say the pilot was agitated and hyper. Saying bizarre and unsettling things like "We need to take a leap of faith", "we're not going to Vegas" and "Guys, push it to full throttle." Osbon's crew members say he also instructed air traffic controllers to be quiet. He aggressively grabbed the flight attendant's hands.

And he banged on the cockpit door hard enough that the first officer thought he was coming through the door. Lizzie O'Leary is our aviation and regulation correspondent. She is in Washington this morning. So what happens to this pilot now?

LIZZIE O'LEARY, CNN AVIATION AND REGULATION CORRESPONDENT: Well, he's getting first off a full medical evaluation because as you can imagine, they are looking at this behavior. They are looking at the sworn statements here, both federal and local law enforcement, and trying to get a fuller picture of what happened and what kind of condition he was in.

So we learned from federal officials yesterday that he was being held at a hospital in Texas. So a medical evaluation is the first thing. As you mentioned, he has been charged with interfering with the flight crew.

That carries a maximum penalty of a 20-year sentence, $250,000 fine. It's quite unclear whether he would actually see that form of punishment, but the first thing is a medical evaluation before they move any further -- Carol.

COSTELLO: And, I mean, is this incident impacting at all future screening policies for pilots?

O'LEARY: Well, that's one of the things we have asked the FAA what they are doing to sort of take a look at this. JetBlue we should point out complies with FAA mandates, which essentially says every commercial pilot gets an evaluation once a year or twice a year depending on their age.

They don't have a separate full psychiatric evaluation. They are evaluated generally by a GP who does ask them questions about mental health. JetBlue also says it has a pilot peer to peer support program, but nothing beyond that. They comply with the FAA mandate.

COSTELLO: Lizzie O'Leary reporting live for us from Washington. A painful and extremely personal story recounted on the floor of the U.S. House of Representatives.

(BEGIN VIDEO CLIP)

REPRESENTATIVE GWEN MOORE (D), WISCONSIN: Domestic violence has been a thread throughout my personal life including being a child repeatedly sexually assaulted up and to and including being an adult who has been raped.

(END VIDEO CLIP)

COSTELLO: Congresswoman Gwen Moore explains why she felt she had to share that story with her fellow lawmakers. She'll join us live next.

(COMMERCIAL BREAK)

COSTELLO: I don't have to tell you that gas prices are at record levels for this time of year. Today's national average, by the way, just below $4 a gallon and both Republicans and Democrats are trying to tap into your anger.

Our Dan Lothian live at the White House. Dan, I know the president is going to talk about big oil tax breaks in just about 45 minutes. What will his message be?

DAN LOTHIAN, CNN WHITE HOUSE CORRESPONDENT: Well, his message will be that these are oil companies that are getting subsidies, $21 billion in tax breaks, but at the same time they are getting record profits.

He'll point out that this is something that American taxpayers simply can't afford. The president will make the case that this money could be better used towards domestic manufacturing, towards green energy, such as electric cars, and wind energy as well.

But of course, there is a lot of pushback on this especially at a time when as you pointed out, gas prices are so high. Many critics say this will do absolutely nothing to lower gas prices because oil companies will have to make these profits somehow.

And if they don't get these tax breaks, they will look for another way to make up that money. The Senate Majority Leader Mitch McConnell in excerpts of a speech that he'll be delivering later today will take a shot not only at the president, but also Democrats.

Pointing out that under this president, gas prices have skyrocketed, and again, this is the kind of thing that will do absolutely nothing to lower gas prices. He will point out in his remarks that, quote, "the message that Democrats are sending this week is simple. Get used to it" -- Carol.

COSTELLO: Dan Lothian reporting live from the White House this morning. Thank you.

And again, we'll bring you live coverage of the president's remarks. He's expected to speak at 10:45 Eastern Time. When he gets in front of that podium, we'll bring it to you live.

You've heard this phrase before. There's no such thing as bad publicity, except there is. Skittles and Arizona ice tea are grappling with calls to get involved in the Trayvon Martin case.

Martin, as you know, was carrying both the candy and the drink the night he died. At rallies across the country, Martin supporters are carrying Skittles. They are wearing Skittles wrappers and they're selling Skittles to raise money for the cause.

Some accuse the candy maker of profiting from the Martin tragedy. This tweet says, quote, "Skittles in Arizona should be paying Martin's family. I know their sales have increased tremendously. That made Skittles skittish."

It issued this statement, "We feel it is inappropriate to get involved or comment further as we would never wish for actions to be perceive as an attempt of commercial gain following this tragedy."

But some advertising analysts are saying that's the wrong move by Skittles. Skittles needs to be more involved. They might as well speak up and have some courage about it.

We ask you to weigh in on this on my Facebook page, facebook.com/carolcnn. Boy, did you respond. This is from Rob. He says, "This is the most ridiculous assertion I have heard yet. Why should a commercial business get involved because a victim and a violent altercation happened to have their product on them?"

And this one, should Levis or the Gap be in any way responsible because of the clothing being worn during the course of an incident crime? Should Nike if he was wearing Nike shoes get involved?

And this from Mary, she say, "Don't forget about the manufacturers of hoodies. They're making good profits right now." And this is from Brandon. He says, "The companies were dragged into the fray by a gravely misfortunate event. Now with that in mind, I simply cannot ignore that their profits are increasing greatly because of this case."

And this one, "It's safe to say those profits should be given to a charity of sorts or to the family or even a special dedication wrapper for each item that allows them to choose whether they are buying for Trayvon's cause or not."

If you want to weigh in on this, facebook.com/carolcnn, I appreciate all comments. I absolutely read them because they are fascinating frankly.

Coming up in a few minutes, our "Political Buzz" panel weighs in on House floor hoodies. Could the founding fathers have foreseen something like this?

(COMMERCIAL BREAK)

COSTELLO: Incredible pictures to show you. It really illustrates just how fast a wildfire can move. This is a family is escaping their home. The dad and kids are in the car behind the mom. They are racing to get away from this fire. Listen.

(BEGIN VIDEO CLIP)

UNIDENTIFIED CHILD: Daddy!

UNIDENTIFIED MALE: We're going to make it. We're going to be fine.

UNIDENTIFIED CHILD: Where's mom? What's she stopping for?

UNIDENTIFIED MALE: It's down there.

UNIDENTIFIED CHILD: Whoa!

UNIDENTIFIED MALE: There it is. Right here. Right here.

UNIDENTIFIED CHILD: My gosh!

UNIDENTIFIED MALE: It's OK. We're out. We're out. We're out.

(END VIDEO CLIP)

COSTELLO: This is Guilk family. They are actually were on "EARLY START" earlier today and they explain, the mother explains why she put on the brakes during this. (BEGIN VIDEO CLIP)

KIM OLSON, FLED WILDFIRE WITH FAMILY: It was all happening very fast. I had to put on the brake to figure out I could get my hands to the lights and turn those on. And I was also considering we might not make it through and maybe we need to turn around.

Like my husband said and my dad and my brother are both firefighters. I know one of the dangers if the road becomes blocked with trees that are down, I was concerned we would just get trapped inside. So the neighbor that passed us, we didn't know that neighbor knew the way out, but he was flying so we went for it.

(END VIDEO CLIP)

COSTELLO: Thank goodness for that neighbor. Rob, again, I don't think people realize how fast fire moves.

ROB MARCIANO, AMS METEOROLOGIST: That's probably the 10th time I have seen that video. I still get chills.

COSTELLO: It's like being in hell.

MARCIANO: How dark it was. We said this last hour. That fire happened in a matter of minutes. The winds were blowing 60 miles an hour. This thing was moving. And that is daylight, my friends.

That is how thick that smoke was. It turned day into night. They couldn't see ten feet in front of them. Just following the headlights in front of them. In this case, it was their mother so they took the two family vehicles.

And mom stopped to reassess. The neighbors barrelled past her. She said they know where they are going. So I'm following them. That's how they got out of there, but even watching without the sound.

COSTELLO: Interestingly, forest official officials, did a controlled burn here and they later apologized to these families trying to get out. So explain to us what a controlled burn is.

MARCIANO: Yes, they prescribed these burns to -- in most cases, they are trying to clear some of the underbrush so all you're left is big timber, which is more fire retardant, less susceptible to bigger fires so to prevent bigger fires later in the season.

They did this to about a thousand acres. They got most of it out last Thursday or Friday, but obviously there were some hot spots. You asked me during the break how dry it's been. I think this is a map I have.

Where you see yellow is dry. Everywhere you see orange or red is really dry. Some places along the front range in Denver haven't seen any snow through the entire month of March so it's right for a fire like this to start and the winds kicking along as well.

Now the fire right now I wouldn't say it's under control. They have 15 percent containment, which is about the -- what they had last night. It hasn't grown much. Those tankers have been allowed to go to another fire in South Dakota.

So they have less in the way of their support and that tells me that the fire at least right now is behaving OK. Right now, it's just man power trying to build the lines along the perimeter. So when the winds kick up on Saturday, and they will on Saturday, they have this fully contained. That's what they are working towards.

COSTELLO: We'll keep our fingers crossed. Rob, thank you.

Coming up, we're asking our "Political Buzz" panel about Mitt Romney. If you want to connect with everyday Americans, do you think maybe it would be a good idea for him to hold off on the car elevator until next year? The panel weighs in on that and more. That's coming your way next.

(COMMERCIAL BREAK)

COSTELLO: Checking our top stories now. Record high profits for oil companies and near record high prices for drivers. President Obama questions why the federal government is giving big oil tax incentives. He's going to talk about that in 15 minutes. When he begins speaking, we'll bring it to you live.

We're also learning more about the actions of a pilot before this rant on a JetBlue flight.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: My God, I was so distraught. We've got Israel. We've got Iraq. We've got Israel. We've got Iraq. We've got to get down.

(END VIDEO CLIP)

COSTELLO: Clayton Osbon faces federal criminal charges and we're not learning witnesses say he was acting agitated, hyper, and aggressive. That was before he boarded the plane.

Who wants to be a mega millionaire? The jackpot has gone into orbit. Some players already making plans for that $500 million prize.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: I want to be a millionaire.

UNIDENTIFIED MALE: I'll be partying like a rock star.

(END VIDEO CLIP)

COSTELLO: OK, so here's a question for you. Did you join an office pool and are you sure your fellow employees will share that jackpot if you guys win? We're going to talk to a lawyer who will explain how to make sure you're not cut out of your fair share. It's something you don't hear every day from a congresswoman on the floor of the U.S. House of Representatives. But Congresswoman Gwen Moore decided she had to share a painful personal story of sexual assault and rape.

(BEGIN VIDEO CLIP)

REP. GWEN MOORE (D), WISCONSIN: Well, it really brought up some terrible memories for me of having boys sit in a locker room and sort of bet that I, the egg head, couldn't be had. And then the appointed boy when he saw that I wasn't going to be so willing completed a date rape and then took my underwear to display it to the rest of the boys.

(END VIDEO CLIP)

COSTELLO: Congresswoman Moore shared her story to convince Republicans to renew the Violence Against Women's Act, a bill that provides money for emergency shelters, counseling, rape crisis centers and legal services for victims of sexual assault, domestic violence and stalking.

Congresswoman Moore is in Washington, she joins us now. Welcome.

MOORE: Hi Carol, how are you?

COSTELLO: I'm good.

Your story on the floor of the U.S. House touched so many people. Why did you feel you had to share that story with your fellow lawmakers?

MOORE: Let me tell you. I think, you know, I experienced this before the Violence Against Women's Act was enacted. And it was just one in a plethora, unfortunately, for me of assault and violence against me, my family, my friends, everyone that I knew. Because there was a time when there was just -- there was not adequate law enforcement. There were not services. There were not resources for women.

I think that my story, while it's sad, is not rare. And you know, you get on the floor of the House of Representatives and everybody reads their talking points. And I think that they get too far away from the reality that something like VAWA has been bipartisan in the past and it in fact saves lives.

COSTELLO: How specifically would be -- would this bill -- I mean if it was in place when you were experiencing this trouble, how would it have helped you?

MOORE: Well you know one aspect of this is education. You know, this particular incident, I don't think that any of the boys thought they were doing anything wrong. I think that they thought it was just a sort of a rite of passage. And I think ignorance has really perpetuated violence against women. Violence against women is as American as apple pie. You know, that man that feels that he has a right to abuse his wife and to beat her, you know, ask the pastor where do I find that passage, wives obey your husbands, in the Bible. And -- and we see a preponderance of teen violence, an explosion of teen violence right now. And I think education is extremely important.

I think that my example was an extreme one, but I do think that many girls think that it's -- it's perfectly ok to have boys slap them around a little bit or -- or control them with their cell phones and go through their cell phones. And -- and all of this is violence.

COSTELLO: Well, some Republicans object to this Democratic version of the law because it includes lesbians, gays and illegal immigrants. How would you respond to that? Why put that in the bill when you know, Democrats, that Republicans are probably going to object -- object to it because these things are inserted?

MOORE: Well Carol, these things have been put in is because people have learned from this practices that these things are necessary. It's not just heterosexual women and men for that matter who find themselves victims of violence. Immigrant women are very vulnerable because of their immigrant status. And we do have new visas that could and should be used for that purpose.

Native women, there's an explosion of violence against women on native lands. And men, some of whom are -- are not native men, have free rein on battering, beating, raping them because there is no law enforcement. The tribes are not able to enforce laws on their lands.

And then we find that they are -- they are not prosecuted outside of those -- those lands. So it's just free -- free you know -- free violence against women on those lands. And so the best practices have shown that these things are necessary.

You know the National Association of District Attorneys, the Fraternal Order of Police, the National Sheriffs Associations, all of them have supported the Violence Against Women's Act. And -- and like I said, the need to expand this legislation has come after a lot of research about what's needed to protect all women.

COSTELLO: Congresswoman, thank you for joining us. We appreciate it.

MOORE: And thank you.

COSTELLO: We're waiting to hear from the president. He's expected to talk about the oil industry and their tax breaks. He's going to talk in just about 10 minutes. Christine Romans will join us after the break to talk about those oil subsidies.

We'll be back.

(COMMERCIAL BREAK)

COSTELLO: "Political Buzz" is your rapid fire look at the best political topics of the day. Three questions, 30 seconds on the clock. Playing with us today: Sirius XM, political talk show host and comedian Pete Dominick, he's on the left; political science professor and Politics 365 correspondent, Jason Johnson, he's holding down the middle this morning; and on the right, CNN contributor, Will Cain. Welcome to all of you.

PETE DOMINICK, POLITICAL TALK SHOW HOST, SIRIUS XM: Good morning.

JASON JOHNSON, CORRESPONDENT, POLITICS 365: Good morning.

WILL CAIN, CNN CONTRIBUTOR: Hi Carol.

COSTELLO: Ok first question. Congresswoman Gwen Moore tells her rape story on the floor of the House. Congressman Bobby Rush wears a hoodie on the floor. What would the founding fathers say about this? Will?

CAIN: Well as much as I love the founding fathers and their vision of America, I'm not going to pretend like they were this model of civility and decorum. I mean, Adams and Jefferson called each other hermaphrodites and accused each other of incest and trying to treasonously sell the crown to Britain.

So it's not like we've had some big departure from the founders' vision of civility and decorum. Look this people have points to make, make it in the style you want. Make it on the floor of the House. I don't see a big problem.

COSTELLO: Jason?

JOHNSON: The first thing the founding fathers would have said is how did this woman and black guy get in here. I mean, let's be honest the founding fathers were not particularly progressive on most things that have to do with women's rights or African-Americans since they weren't even citizens at the time.

But you know the larger issue is this. They envisioned a Congress that expressed the will and concern of the people. And that's what these Congress people are doing. And if it takes performance, if it takes a hoodie, if it takes relating a personal story that makes sense. Our founding fathers believes in an active Congress. And that's what these people are doing.

COSTELLO: Pete?

DOMINICK: Yes, the founding fathers didn't actually think black folks were whole people. Right? Three-fifths. So I think they would have been really -- I mean my best impression of founding fathers seeing a black person, what is that black -- what is this, what is this woman? Woman, black person, black woman they would have been outraged.

And you know listen. The idea that women are somehow inviting sexual assault or rape because they are wearing a short skirt or tight clothes or minorities are inviting to be killed because they are wearing a hoodie, we've got to take a look at that America. COSTELLO: Ok second question, Mitt Romney gets endorsements from an old school Republican, President George H.W. Bush and a modern Tea Party approved Republican, Senator Marco Rubio. If Rubio was on the Romney train, will the rest of the Tea Party warm up to him? Jason?

JOHNSON: Look, I mean Ronald Reagan could appear in the sky like the lion king and say "Mitt Romney is my candidate" and it's not going to make the Tea Party like this guy. I mean look, Mitt Romney -- look, who he is has already been crystallized in peoples' minds.

He's distant. He's aloof. He's Mormon. Evangelicals have problems with it. The Tea Party will eventually come together because they don't like Barack Obama, but no level of endorsements is going to make Mitt Romney popular.

COSTELLO: Pete.

DOMINICK: I'm going to stop pretending the Tea Party is a thing or a voting bloc. They are Republicans, right? They're extreme, extreme Republicans. And as far as the endorsements go, he's had two Tea Party endorsements, Christine -- what's her name -- the witch lady. I don't even remember her name. That's how unimportant she is to me --

COSTELLO: O'Donnell.

DOMINICK: Mike Lee; and by the way, George H.W. Bush endorsed his own son. How far did that go. And let's not forget Barbara Bush, the former first lady saying this is the most ridiculous line-up of candidates I have ever seen in my life. And she saw Grover Cleveland run. So.

COSTELLO: Oh, Will?

CAIN: Ok. Well, first, look Mitt Romney is starting to rack up some pretty impressive endorsements. Jeb Bush, Mike Lee -- Pete just referenced him -- Senator Mike Lee, who does have Tea Party cred. George H.W. Bush and on and on. I think it's impressive the endorsements he's starting to rack up, but you ask yourself why?

For some of these guys, like Rubio now, it's getting clear that Mitt Romney is going to be the nominee. And for that same logic, by that same rationale, the Tea Party will also fall behind Mitt Romney because he will be the nominee.

COSTELLO: Your buzzer beater now, 20 seconds each. Mitt Romney's sweet beach house. It's in the headlines and that punch line. Listen.

(BEGIN VIDEO CLIP)

JIMMY FALLON, TALK SHOW HOST: This is exciting guys. The jackpot for the mega millions lottery has reached a record $500 million. Or as Mitt Romney calls that, one more beach house.

(END VIDEO CLIP) COSTELLO: Now Romney is catching flak for putting in a car elevator. He has an elevator for his car. Should he just take a vow of poverty until November? Will?

CAIN: No. I can't wait until he puts a car elevator in the White House. I love this. You are rich. I said this several times. Don't hide it. You're rich. Don't worry. It makes all the simpletons upset, but you're rich. But it's a completely meaningless fact in your quest for the White House. So show it off. I don't care. It's who you are.

COSTELLO: Jason?

JOHNSON: Look, the problem is not being rich. The problem is being the wrong kind of rich guy. Ok. Mitt Romney does not explain how he made his money. People like the person who created Papa John's. People like, you know, Bill Gates. But the way he made his money is not clear.

I don't think there's a problem with the cars in the garage. I think the problem is people don't understand him. He has to clear that up if he's really going to run for president and beat Barack Obama.

COSTELLO: Pete?

DOMINICK: Romney is having a tough time consuming his wealth because he doesn't have a personality to hide behind. Will, by the way, has called me a simpleton many times -- I'm one of those. I'm one of those people he's referring to.

And remember when we gave -- people gave President Obama, or Senator Obama at the time, so much grief for ordering mustard on his hamburger and arugula, that was a big, big deal. The guy has an elevator for his cars. I'm sure he can relate to the average American.

COSTELLO: All right then. Will, Jason, Pete; thanks for playing today. We appreciate it.

CAIN: You bet.

JOHNSON: Thank you.

DOMINICK: Thanks.

COSTELLO: President Obama wants to end subsidies, tax breaks for oil companies. He will be talking about that in front of the White House in just a few minutes. Before he begins his speech, we're going to take a close look at those tax breaks when we come back.

(COMMERCIAL BREAK)

COSTELLO: The lines are growing; lottery fever is spreading and the Mega Millions Jackpot just keeps on growing. An estimated $500 million so far and counting. A lot of people are trying to get an edge banding together with their co-workers and forming this big office pool. We're doing that ourselves because the drawing is tomorrow night and we are well aware of that.

But our next guest says forewarned is forearmed. She says there are some things you should know first before you put your money into the pool. Shannon Nash is an attorney and certified public accounting -- accountant, rather. Welcome Shannon.

SHANNON NASH, ATTORNEY: Thank you.

COSTELLO: Ok. So we're really into this. So we have our whole show team, which consists of a lot of people. We have all put money into the pot and we all trust our fellow employees, but you know, sometimes money changes people. So what should we do to make sure that everyone is guaranteed a part of the prize if we should win?

NASH: Yes, to make sure. You know it's just so easy to make a contract. I don't mean a formal contract where you have to go out and hire someone like me, but just a contract to show that you guys had what we call a meeting of the minds. You agreed to put your money in. I put my money. Here's a copy of the tickets. It could even be e- mails between the two of us that we have talked about it and I have signed it, you've signed it. So that it's all just legitimate and we know what's going on before we win the money.

COSTELLO: Well, we have notaries here. Should we get it notarized?

NASH: I don't think you have to go quite that far, but something to show that you had a written agreement amongst the pool. Because what happens is that peoples' memories get hazy and I lent you $5. And someone else -- and you know, then all of a sudden, you win and everybody wants to be part of the pool and then everyone is in court trying to prove it.

COSTELLO: Ok. Ok. Let me -- this is a scenario that happened actually yesterday. One of our peeps said we're all donating $6 into the pot so we can have more lottery tickets. This person said I only have $2 right now, so I'll give you $2 and I'll pay you the rest later. So what if he never pays? Does he deserve an equal share of the pot?

NASH: You know, there was a case like that. And actually that person who didn't pay the money who said I was going to pay, wound up suing the co-workers. And some of the co-workers had amnesia saying, no, I don't think you ever said you were going to give me the rest of that money so it's just all my money.

So to be clear -- I mean why not just put that down on something? I send you an e-mail or I write down I owe you $4 for the rest of that lottery ticket. You say, yes, you do. It's that easy.

COSTELLO: Ok. So what if someone -- this is my final scenario -- what if someone says I don't have the money right now but I really want to be part of the group playing the lottery. I'll pay you tomorrow. But he never pays. But his name is -- I mean you've written his name down but he never pays.

NASH: You know what? I bet you he pays when you guys win. Again, if this is just an oral conversation.

COSTELLO: Yes. But do we need to give him a share of the pot if he didn't pay, even though we've written his name down.

NASH: Well, by writing his name down, that tells me that you thought he was part of the pot. You just didn't bug him to collect the money.

COSTELLO: It's so simple.

NASH: It's kind of your -- I mean I think it would be a very interesting case because you then at least wrote down his name saying you thought he was part of the pool. But you know what; just be clear about it. If the person owes the money, go after them for it. You know, just tell them to pay the $2 back or whatever. It's that simple.

COSTELLO: I know the whole show team is listening to this. So you all hear Shannon. You were forewarned.

Thank you so much. It's really interesting.

We're waiting to hear from the President who is going to be talking about oil industry tax breaks and how he wants to end some of them. He should begin talking right about now. He's a little late, though.

Christine Romans will join us though on the other side of the break to break down just how big those tax breaks are for oil companies.

(COMMERCIAL BREAK)

COSTELLO: In today's "Daily Dose" of health news, new research says unroasted coffee beans may be the key to quick weight loss. The study found that a small group of overweight people lost about 10 percent of their overall body weight after eating less than an ounce of ground green coffee beans every day for 22 weeks. Participants of the study combined the coffee with a low fat diet and exercise.

Researchers think a substance found in unroasted coffee beans known as a chlorogenic acid may be behind the fat burn.

President Obama will be coming out in just a few minutes to call for an end to oil industry tax breaks. While drivers are paying record gas prices for this time of year oil companies are reaping the benefits of major tax breaks.

Christine Romans is here. She's going to set up the President's speech nicely for us. Tell us just how big these tax breaks are for oil companies.

CHRISTINE ROMANS, CNN CORRESPONDENT: Well, they are big. A lot of different industries get tax breaks and the oil industry gets big tax breaks. And first, the reason why it's politically such a good moment for the President on this -- an issue he is quite fond of is because gas prices are up a lot. Above $3.90 a gallon right now; that's up about 19 percent so far this year alone.

So politically, he has a moment to press this issue. And the fight over big oil taxes comes down to something like this. They get tax deductions for drilling and exploration. They get some breaks on their foreign taxes paid. They get these standard manufacturing deductions among other things.

And so this is why Democrats like to say that big oil gets corporate welfare. But a spokesman for the oil industry says saying big oil gets corporate welfare, Carol, is like saying that a homeowner in this country is getting welfare for using the mortgage interest deduction. They say these are standard deductions that you do to incentivize the drilling and exploration for something that's in America's best interest.

And how much do they profit from all of this? $132.9 billion in oil industry profits last year, which raises the question. Why do you need tens of billions of tax breaks if you're making money hand over fist -- Carol

COSTELLO: Wow. That's bigger than lottery jackpot.

ROMANS: Quite a bit bigger actually.

COSTELLO: Thanks Christine.

We are expecting to hear from the President any minute now. When he takes his place behind that podium there, we'll bring it to you live.

We have to take a break though.

(COMMERCIAL BREAK)

COSTELLO: We are down to the final four in the NCAA tourney. On Saturday Kentucky takes on in-state rival Louisville in Game 1 and Kansas faces Ohio State in Game 2. Kentucky, the only top seed left in the tournament and Wildcat fans will be satisfied with nothing but a title.

Here's CNN Carlos Diaz.

(BEGIN VIDEO CLIP)

CARLOS DIAZ, CNN CORRESPONDENT: With seven national championships, the University of Kentucky is one of the most --

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