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Health Care Authority; Romney Turns Focus on Obama; Ali's Miami Appearance Silences Fans; Cosmo Embroiled in Controversy; NY Mets Look for Another Miracle; James Cameron's Historic Dive

Aired April 05, 2012 - 09:00   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, Soledad. And good morning to all of you. I'm Carol Costello. Stories we're watching right now in the NEWSROOM.

High court crisis. The battle between President Obama and the Supreme Court boiling over. This morning a new deadline and new concerns about the future of your health care.

Tale of the tape. New revelations in the Trayvon Martin killing. A fresh look at the 911 call and questions on whether George Zimmerman fired in self-defense.

Syria erupts. Deadly clashes this morning as thousands flee to neighboring nations. Will peacekeepers be able to make a cease-fire happen?

Kony part two. The sequel to the controversial yet wildly popular documentary just out moments ago. Dramatic, empowering, worldly, but in this movie, one key element is missing.

Mohammed Ali and the Marlins. An opening day surprise and why people this morning are still talking about the boxing great's first pitch.

Cover story. "Cosmo," the magazine known for sex quizzes and how to please your man in bed getting slammed this morning. Charges they're deliberately putting tweens on the cover. Exposing them to graphic content.

But first your health and their authority. This morning the clock is ticking and your future health care is facing new questions and a new deadline. In just a few hours, government lawyers are due to submit a three-page explanation of exactly what authority the Obama administration beliefs the federal courts have. It's an odd request. But more than one federal judge is not happy with what Republicans call President Obama's bullying of the Supreme Court over its review of Obamacare.

Here's Brian Todd.

(BEGIN VIDEOTAPE)

BRIAN TODD, CNN CORRESPONDENT (voice-over): A barometer of how high the political stakes are for the president and his opponents on the health care law. A public sparring match between President Obama and the courts. On Monday, Mr. Obama says this about the Supreme Court's review of health care.

BARACK OBAMA, PRESIDENT OF THE UNITED STATES: Ultimately I'm confident that the Supreme Court will not take what would be an unprecedented, extraordinary step of overturning a law that was passed by a strong majority of a democratically elected Congress.

TODD: But it's the Supreme Court's job to decide what's constitutional, what's not. And a federal appeals court judge takes offense with the president. Judge Jerry Smith of the Fifth Circuit, a Reagan appointee, interrupts a Justice Department lawyer arguing a separate part of the health care law. Judge Smith says, "Surely the president's not questioning the authority of the courts to strike down laws if they think they're unconstitutional."

He uses a partisan term to challenge the lawyer.

JUDGE JERRY SMITH, FEDERAL APPELLATE COURT: He was referring, of course, to Obamacare to what he termed "a broad consensus in majorities in both houses of Congress. That has troubled a number of people who have read it as somehow a challenge to the federal courts, or to their authority to the appropriateness of the concept of judicial review. And that's not a small matter."

TODD (on camera): And in a strange move, Judge Smith then demands a three-page, single spaced letter from the Justice Department by Thursday saying what its position is on the authority of the courts in these cases.

(Voice-over): Attorney General Eric Holder says they'll respond appropriately.

ERIC HOLDER, ATTORNEY GENERAL: I think that, you know, what the president said a couple of days ago was appropriate. He indicated that we obviously respect decisions that courts make under our system of government.

TODD: The president did later dial back from his initial remarks, saying he's sure the Supreme Court will exercise it's power carefully, but conservatives still don't like his tone in those first remarks.

CARRIE SEVERINO, JUDICIAL CRISIS NETWORK: The president is trying to bully the court here, and threatening them that if they don't come down his way, they're going to have the same thing that happened in the State of the Union address in 2010, he's going to be calling them activists. He's going to be saying they're political.

TODD: The White House responds.

JAY CARNEY, WHITE HOUSE PRESS SECRETARY: It's the reverse of intimidation, he's simply making an observation about precedent and the fact that he expects the court to hear that precedent.

TODD: CNN analyst Ron Brownstein says every aspect of this is extraordinary.

RON BROWNSTEIN, CNN SENIOR POLITICAL ANALYST: I think what we are seeing here is the courts and the confrontation, which the administration and the courts being dragged into the overall polarization that define so much of modern political life.

TODD: Brownstein says the courts may not have been able to avoid being drawn into the political fight here. He calls this the most significant piece of Democratic legislation since Medicare, and it's an election year, the perfect political storm.

Brian Todd, CNN, Washington.

(END VIDEOTAPE)

COSTELLO: That three-page explanation due at noon Eastern time.

Turning now to the presidential race. Mitt Romney has laid it all out. We now know what his line of attack will likely be if he runs against President Obama. Standing before a group of newspaper reporters, Romney ridiculed the president's now infamous open mic moment with the Russian president. Overheard the president asking Dmitry Medvedev for more time and flexibility to negotiate a nuclear arms treaty.

(BEGIN VIDEO CLIP)

MITT ROMNEY (R), PRESIDENTIAL CANDIDATE: President Obama's comments to President Medvedev are deeply troubling. That incident calls his candor into serious question. He doesn't want to share his real plans before the election, either with the public or with the press.

By flexibility, he means that what the American public doesn't know, won't hurt him. His intent is on hiding. You and I are going to have to do the seeking.

(END VIDEO CLIP)

COSTELLO: Reince Priebus is the chair of the Republican National Committee. He's in Washington this morning.

Welcome.

REINCE PRIEBUS, CHAIRMAN, REPUBLICAN NATIONAL COMMITTEE: Hey, good morning, Carol.

COSTELLO: Good morning. Mr. Romney is not mincing words. Is Mr. Romney accusing the president of deliberately misleading the American people?

PRIEBUS: Well, either he's deliberately misleading the American people or he's so grossly negligent in fulfilling his promises that he made to the American people that it's really the same thing. I mean really what we have in America right now is a president that has pursued every one of his liberal pipe dreams, knowing that he's going to face reelection.

And I guess the point here is, just imagine what this president would do without any election in front of him. And I think that's really the point. I think the open mic -- you know, I was always taught when I grew up that character is what you do and how you act when you don't think anyone is watching.

And, you know, I think things like hot mics and moments like that tell a lot about a person. And I think that people should be concerned about a president that wants to strike a deal with the -- with the Russian government without the American people knowing about it.

COSTELLO: Well, Reince -- Reince, for Democrats and some Republicans, that's an interesting road for Mr. Romney to travel, because he himself has been accused of saying anything to get elected. I mean here's Newt Gingrich saying it. Listen.

(BEGIN VIDEO CLIP)

NEWT GINGRICH (R), PRESIDENTIAL CANDIDATE: I mean some people talk about making pledges that are in stone, but the idea that a Romney pledge is on Etch-A-Sketch, this would resonate, I think, to remind everybody in the conservative movement why they are very worried about a Romney presidency and about a Romney candidacy. And it really makes you doubt -- it makes you wonder about his sincerity.

(END VIDEO CLIP)

COSTELLO: So how does Romney overcome these kinds of attacks when they're coming from fellow Republicans, you know, once we get to a general election?

PRIEBUS: Well, the same way that Obama withstood the attacks from Hillary Clinton for six months. I mean the fact of the matter is we're going to have a unified Republican Party. And I would say, you know, it's one thing to modify a position that you have over a period of time. But it's another thing to tell the American people that you're going to cut the deficit in half, you're going to curb spending, you're going to bring jobs under 6 percent if you pass a trillion-dollar stimulus package, and you don't even attempt to do it.

I mean Nancy Pelosi couldn't get Obama one single vote on his budget.

COSTELLO: Yes, but you're not really answering my question --

(CROSSTALK)

PRIEBUS: I mean, I just -- hey, come on. He's the president of the United States.

COSTELLO: It seems as if --

PRIEBUS: He's got a responsibility here, Carol. COSTELLO: Let's go back to my original question. Mr. Romney is accusing President Obama of misleading the American people to get elected. Newt Gingrich accused Mitt Romney of the exact same thing. So how does he overcome that?

PRIEBUS: I would say that it's a -- it's a very big difference and I would imagine that even the speaker himself would say, it's a very big difference to hold some spokesman's words and pin them on Mitt Romney as opposed to a president of the United States, sitting with the Russian government and telling the Russian government when it comes to the security of our country, Eastern Europe and Israel, that, hey, listen, once I get re-elected, we'll worry about cutting a deal together after that.

I mean this is ridiculous to even compare the two. He is the president of the United States, he's incapable of leading and fulfilling a single one of his big promises to the American people, including facing his only signature piece of legislation which is -- which will likely be ruled unconstitutional in June.

COSTELLO: Well, let's talk about the economy, because you were saying that President Obama doesn't have a plan to turn the economy around. But there are signs the economy is getting better. I mean the private sector added 209,000 jobs in March. Car sales are up 12.7 percent. Even the return from the TARP bank program swelled to $18 billion. So now the American people are actually making money on that.

So you can't say that -- can you really say that President Obama's overall economic plan has been a dismal failure?

PRIEBUS: Well, I know how you're going to vote, Carol, but the reality is, is that the American people don't feel better off today than they were three or four years ago. There are fewer people employed today that when Barack Obama took office. He promised the American people a few simple things.

One, that he get our spending and our debt under control. He hasn't done it. He promised the American people that if the stimulus package was passed, that unemployment would be under 6 percent. These are -- these are indisputable facts. And we haven't been there. So I would think that after three or four years of having a president who promised certain things to the American people, that if you don't fulfill those promises you ought not be rehired for another four years.

And I think that this election is going to come down to a fundamental question, which is if I work hard and play by the rules, can I still live the American dream? And I think this president has made answering that question much more difficult.

COSTELLO: And just a final question. You know, as far as Mitt Romney's economic plan is concerned, what one thing will he do that will turn the economy completely around, that will make that unemployment rate go down? What one single thing -- most important thing will he do? PRIEBUS: Well, first of all, I'm not speaking for the Mitt Romney campaign, but I can tell you that all of our candidates believe that we ought to make it easier for small businesses to hire more people, to have less regulation, to have an energy policy that makes sense.

(CROSSTALK)

COSTELLO: And they're signing the jobs act today, right? So they did that.

PRIEBUS: Wait a second.

COSTELLO: OK.

PRIEBUS: Do you want me to answer your question, Carol, or not?

COSTELLO: No, I just want to -- I do. Please do.

PRIEBUS: OK, well, then, you know, if you ask a question, you ought to at least allow the guest to answer. The last regulation --

COSTELLO: I'm just trying to get you off your talking points but go on.

PRIEBUS: Well, you've been reading the Democratic talking points for the last seven minutes, Carol.

COSTELLO: If you say so.

PRIEBUS: So I guess, you know, I have to answer, right? I mean, for one thing, get the spending and debt under control, sign the Paul Ryan budget plan that the majority of Congress has already passed, get our Social Security and Medicare and entitlements under control because those are the biggest drivers of our debt.

Those things, reducing the burden and taxation on small businesses so that they can hire more people, so people can make more money, so that people can live out the American dream, those are just a few things, an energy policy that actually makes sense so that people aren't paying $4 or $5 a gallon which does affect businesses across America.

I mean I guess I could go on and on. And by the way, not throw Israel under the bus either.

COSTELLO: OK. Reince Priebus, thank you so much for joining us this morning.

PRIEBUS: Have a great day.

COSTELLO: I appreciate it. You too.

Minutes ago, Jerry Sandusky walked into a Pennsylvania courtroom. Lawyers for the former Penn State assistant football coach are asking the judge to dismiss his child sex abuse charges. In all there are 52 counts alleging Sandusky committed sexual acts with 10 boys dating back to the mid-'90s. Sandusky denies it.

Take a look at mass murderer Charles Manson. At 77 he looks a lot different now. His long gray hair, a long beard and mustache. This is his latest prison picture when requested by CNN in advance of his parole hearing next week. He's already been turned down 11 times.

We now know Whitney Houston drowned face down in a pool of extremely hot water and a had scald burns on her face. The final autopsy report also says a white powdery substance and a small spoon were found near here in the bathroom. The Los Angeles County Coroner says heart disease and cocaine use were also contributing factors.

Mississippi's governor is expected to sign a controversial new bill that could make getting an abortion there more difficult. Lawmakers passed a measure requiring doctors who perform abortions to have admitting privileges at a local hospital or be a board certified obstetrician-gynecologist. Some say the new measure could force the state's only abortion clinic to close.

Detroit dodges what could have been a major embarrassment. The city council passed an agreement last night to share financial power with the state. The deal gives Michigan official a say in how to fix Detroit's finances but it avoids the state's takeover. The agreement is fiercely opposed by labor unions.

And the Miami Marlins' new ballpark has hosted just one game, but it is already facing a fan controversy over the appearance of Mohammed Ali at opening day.

To make opening night unforgettable, the team invited the boxing legend to throw out the first pitch of the game. His appearance, though, after the initial applause silenced many fans. The ravages of Parkinson's disease were painfully clear as Ali emerged on the field. The Twitter sphere reacted with dismay.

John Zarrella joins us with more.

And John, I've read some of these tweets and some of them are just -- well, they're just mean.

JOHN ZARRELLA, CNN CORRESPONDENT: Yes, it's pretty brutal out there last night, during the game, after and continuing today. You know, Carol, you have to understand, this was a closely guarded secret. Very few people, only the inner circle at the Marlins knew who was going to throw out that first pitch. In fact all day yesterday, on sports talk road, they were wondering who's going to do it.

The Marlins don't have a long history. What? They have been around 20 years if that?

So no one knew who was going to be the celebrity to throw out the first pitch.

Here's some of what's being said on social media, example of tweets. "I'm sorry. This doesn't feel right seeing Ali like this."

Another tweet, "Crowd, this is the part where you keep cheering for Ali. This isn't coming off particularly well."

And another one, "I wonder if Ali even knows where he is. Ugh, hard to watch, man."

Now, in fairness, some people have been tweeting, "Ali made it special, simply the greatest." So there are those that are certainly in support of what the Marlins did.

And we just looked at the Marlins web page and owner Jeffrey Loria responding to this in an article, says in part, "He was great," Loria said. "He's so strong, I was holding on to his hands and he just about destroyed my hand. He's as strong as he ever was, the disease is debilitating, but he is still the most famous person on the face of the earth. It's a big up for the crowd and for me, that's what it's all about." And Loria goes on to a few other things.

So, certainly the Marlins are out this morning defending bringing Mohammed Ali even in that debilitating condition out there to throw out the ceremonial first pitch. It didn't really go well for the Marlins after that either. They lost to the defending World Series champions the Cardinals, 4-1, and they were no hits through six innings -- Carol.

COSTELLO: Yes, the Cardinals are good.

I don't know, maybe -- going back to Mohammed Ali, though, you know, we have this image in our minds of this strong, vital person and to see him like this is uncomfortable. But that doesn't mean he shouldn't be throwing out the first pitch at a ball game. It's our discomfort with the disease more than anything else, maybe.

ZARRELLA: Yes. And, you know, I think a lot of people look back and say, you compare what happened last night to what happened in 1996, right, the Olympics in Atlanta, when he lit the torch and what an unbelievable moment that was, and to compare his condition then, which you could still see he was suffering the effects to where he is now, I mean, I think that in some way plays into all this as well.

COSTELLO: John Zarrella, live from Miami, thank you.

It's hot off the presses and probably burning up the Internet. As we speak, moments ago we got our first peek of the new sequel to "Kony 2012" and it confronts some of the criticisms that are dogging the campaign to capture a warlord.

And a magazine with a singer and actress Selena on the cover is sure to attract teenaged readers. But the cover itself is attracting criticism, too. Would you want your teen girl to read this kind of stuff?

(COMMERCIAL BREAK)

COSTELLO: Just about an hour ago, a new video hit the Internet. It's almost certain to go viral? It's a sequel to "Kony 2012," the online documentary targeting a Ugandan warlord. It has racked a staggering 86 million views in just a few hours, in just a few weeks rather.

And in the next hour, we're going to talk to the man behind the campaign. He wants to capture Joseph Kony and end his reign of terror.

(BEGIN VIDEO CLIP, FROM THE INVISIBLE CHILDREN INC)

NARRATOR: For 26 years, Kony has been kidnapping children into his rebel group, the LRA -- turning the girls into sex slaves and the boys into child soldiers. He makes them mutilate people's faces and he forces them to kill their own parents.

(END VIDEO CLIP)

COSTELLO: That is part one.

CNN's Errol Barnett is in Johannesburg, South Africa, with more on part 2.

Good morning, Errol.

ERROL BARNETT, CNN CORRESPONDENT: Good morning, Carol. It's afternoon here.

And I can tell you that people are anxious to see this response video. We should explain what happened after the first "Kony 2012" video went viral. More than 100 million people have viewed it around the world. But there was massive international criticism levied against Invisible Children for a number of factors.

Firstly, they said the group oversimplified Joseph Kony, his Lord's Resistance Army, where they are. They criticized a group selling wristbands and t shirts promoting "Kony 2012," the campaign. People are unclear on what they use their money for.

And one of their very visible directors, Jason Russell, had a psychotic breakdown this past few weeks and was taped semi naked in San Diego yelling at the devil and screaming. He's currently being hospitalized.

This response video aims to address all of those claims. And we have been looking at the video today and I can show you, one of the things they do, they better explain where Joseph Kony is, north of Uganda, possibly in the South Sudan, the Democratic Republic of Congo, or the Central African Republic. They better quantify how many people are in his force, it's only a few hundred.

And they also show what their money is being used for on the ground in Uganda, promoting things like flyers allowing people to escape from Joseph Kony's army.

Here's a clip showing one of their success stories.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: We were contacted by the U.N., who asks us to design flyers that would be culturally sensitive and reach out to the LRA directly.

UNIDENTIFIED FEMALE: It gives them hope. The wife of Joseph Kony defected because she saw the flyer.

UNIDENTIFIED FEMALE: -- was the flyers I was there, was then that idea came to my mind, I will try to escape. Whatever Kony says, I will try to escape.

(END VIDEO CLIP)

BARNETT: And so, even with all the criticism and the controversy, they also showcase the chief prosecutor of the International Criminal Court, Luis Ocampo Moreno saying it's possible to capture Kony, he support this is campaign, and the group is actually doing something positive.

What's happening on the ground, Carol, in Central Africa? Well, the African Union has already committed 5,000 troops in March to capture Joseph Kony or neutralize him. And (AUDIO BREAK) effort with their forces as well.

So there is movement here on the ground as people aim to capture Joseph Kony, but still Invisible Children needing to show this response video because of the massive criticism levied against them.

COSTELLO: Yes. It's online now. Errol, thank you so much.

If you want to watch it, it is online now and it is working. It wasn't working early this morning. But it is now.

Also, about an hour ago, I'm going to talk to Ben Keesey, the CEO of Invisible Children, the charity behind the Kony 2012 campaign. That will come your way at 10:40 Eastern.

Also ahead, did the gunman in the Trayvon Martin case use a racial slur on the night of the shooting? We have enhanced the 911 tapes even more to find out. Stick around.

(COMMERCIAL BREAK)

COSTELLO: Checking stories across country now:

The man known as America's toughest sheriff says he doesn't want to be used as a whipping boy for an international problem. But the U.S. Justice Department is preparing to sue Joe Arpaio, accusing him of rampant discrimination against Latinos in his Maricopa County sheriff's office.

We're hearing a clearer version of George Zimmerman's 911 call the night Trayvon Martin was killed. One of our senior audio engineers enhanced the audio even more, using a plug-in that cleans up ambient noise in the background. It sounds as though shooter George Zimmerman used a curse word. But it's still not clear whether he used a racial slur.

A JetBlue pilot who appeared to have a meltdown on a flight last week has been ordered to undergo a psychiatric exam. Clayton Osbon is charged with interfering with the flight crew. Witnesses say he ran through the plane screaming about religion and terrorists. The exam will determine if Osbon was legally sane. It will also determine if he's competent to stand trial.

Now is your chance to talk back on one of the big stories of the day. The question this morning: why was it controversial for Mohammed Ali to deliver the first pitch?

It was the start of the baseball season, a time of new beginning. The first day in Miami's new ballpark, a sellout crowd. It was supposed to be a special moment, an American icon throwing out the first pitch. But it didn't exactly turn out that way.

Boxing legend Mohammed Ali, now 70 years old and suffering from Parkinson's disease was wheeled into the field with a ball. Shortstop Hanley Ramirez took the ball from Ali's hand.

At first, fans cheered, but suddenly there was a hush inside the stadium. It was a far cry from Ali's triumphant torch-lighting at the 1996 Atlanta Olympics and from his glory days as the greatest, when he dominated the ring with lightning fast moves and knockouts.

Marlins fans and some commentators tweeted their concern. This one from Ken Rosenthal. He said, "I'm sorry, this doesn't feel right seeing Ali like this."

Another tweet, "Whoever's in charge of Mohammed Ali needs to be arrested. Can't believe they brought him out on the field like that. Please stop."

And this tweet, "I wonder if Ali even knows where he is. Ugh, hard to watch man."

One Twitter fan said the crowd was split, fans either loved it or said it was extremely depressing.

The local papers found it inspiring, though. "The Miami Herald" saying, "Mohammed Ali helps make Florida Marlins festivities special."

So, the talk back question for you today. Why was it controversial for Mohammed Ali to deliver the first pitch?

Facebook.com/CarolCNN. Facebook.com/CarolCNN. I'll read your comments later this hour.

Stories we're watching right now on the NEWSROOM:

Today, there is a noon deadline regarding your future health care and the power of the federal courts. Government lawyers will have to answer critical questions on whether federal courts strike down some or all of Obamacare if they deem the law unconstitutional.

Jerry Sandusky is back inside the Pennsylvania courtroom. Lawyers for the former Penn State assistant football coach are asking the judge to dismiss his child sex abuse charges. In all, there are 52 counts alleging Sandusky committed sexual acts with 10 boys dating back to the mid '90s. Sandusky denies it.

And the Maryland lottery will hold a news conference this afternoon and might finally tell us who hit the $656 million jackpot last week. There have been at least two claims to the winning ticket. But now, both people are backpedaling. Other tickets were sold in Kansas and Illinois.

Still ahead, feeling richer? The Fed said your investment in the nation's banks has raked in $18 billion dollar profit and counting. Christine Romans will join us to explain.

(COMMERCIAL BREAK)

COSTELLO: Here's a story that might take a little bit of the sting out of all those bank fees you grumble about. The Treasury Department says the taxpayer bailout of struggling banks is paying off big-time. The Fed says the TARP program has turned the profit of $18 billion and counting.

Christine Romans is in New York to break it all down for us.

Good morning, Christine.

CHRISTINE ROMANS, CNN BUSINESS CORRESPONDENT: Good morning. Well, we have another bank, Carol, Regions Financial. Late yesterday, the Treasury Department, announced they were paying back their TARP, their bank bailout of about $3.5 billion, and with that comes more than $50 million of dividends and interest.

You put it all together, and that bank bailout, that hated bank bailout, Carol, $245 billion is what you the taxpayer put into those banks, $263 has come back. And from hereon out, the Treasury Department, Carol, says that every dollar that comes back from banks who still have to, you know, pay back their TARP money, that will be pure profit for the American taxpayer.

You mentioned at the top it might take the sting out of those bank fees. Actually, some people are still complaining, they're saying, wait a minute, if the taxpayer is making money on this, why aren't I seeing it? I can't get a loan.

COSTELLO: I was going to ask you that, because I would rather it go directly into my checking account.

ROMANS: It's not going to go into your checking account, that's the sad fact of it.

And also, I should point out, the overall bailout, the bank portion is profitable and will continue to be profitable. There'll be more money coming from this for taxpayers. But other parts of it will not be. There are permanent losses from automakers, also from AIG.

Overall, the Treasury says 81 cents on the dollar has been returned. So, there you go, Carol. I mean, you're getting your money back, taxpayers are, but I don't know if I'm going to see it. I guess see it only because the economy doesn't fall apart, right?

COSTELLO: Right, right. We can take small comfort in that, even though we suffered extreme pain during the time that the federal government loaned the banks all that money.

ROMANS: Indeed.

COSTELLO: Christine Romans, thank you.

ROMANS: You're welcome.

COSTELLO: Today's "Health for Her": five medical tests you may not need, they're considered routine. But according to a new report, if a patient is basically healthy, they don't need a scan after fainting, an annual cardiac stress test, chest x-ray before outpatient surgery, back scan within the first six weeks of lower back pain, or repeated colon cancer screening if the first one was fine.

The study was done by nine physician groups, the Consumers Union, and the American Board of Internal Medicine Foundation. They agreed that sometimes, these tests are needed, but most often they're overused.

"Cosmopolitan" magazine triggers a heated conversation about sex, nothing new there. But they're doing this time by using a very popular young star's face on a cover that surrounds her with sexual copy. Critics say "Cosmo" is exploiting teenaged girls. Reaction, coming up.

(COMMERCIAL BREAK)

COSTELLO: Cosmopolitan magazine is catching heat for its new cover. Those who don't like it say "Cosmo" is trying to encourage young readers with material that's too mature and too racy for them.

Here's entertainment correspondent Kareen Wynter.

(BEGIN VIDEOTAPE)

SELENA GOMEZ, ACTRESS: I love you, guys.

KAREEN WYNTER, CNN ENTERTAINMENT CORRESPONDENT (voice-over): Her young fans love Selena Gomez right back.

The Disney Channel's Wizard of Waverly Place turned Gomez into a teen sensation, and a regular on kid fan magazine.

But "Showbiz Tonight," can tell you, Selena's latest magazine cover is sparking big outrage.

(on camera): This is her on "Cosmopolitan" magazine. But the controversy is not about to the photo, it's about the copy surrounding the Selena. Check this out -- "50 sex tips, readers share the naughtiest moves they discovered all on their own."

And what about this? "Your orgasm guaranteed, the new trick experts swear by."

(voice-over): Former model Nicole Weider is blasting "Cosmo," accusing editors of deliberately putting Gomez and other young stars on the cover to attract younger readers. She says by doing that, they're exposing under age girls to graphic content.

NICOLE WEIDER, FORMER MODEL: Fifty sex tips, naughty sex tips, 75 sex moves, bad girls sex. That's what they highlight and that's what the basic and core of the magazine is all about.

WYNTER (on camera): These are young girls who are quite impressionable reading this stuff and that's what scares you?

WEIDER: Oh, completely.

WYNTER (voice-over): "Cosmo's" February cover picture, Dakota Fanning, who hadn't turned 18 yet, next to this headline -- "Too naughty to say here, but you have to try this sex trick."

WEIDER: They're sexualizing young girls and they're daring them to try all these freaky sex stuff.

WYNTER: Weider launched an online petition at AntiCosmomission.com, demanding the magazine with shield covered in black plastic, similar to what's done with the adult magazines like "Hustler".

(on camera): Would that solve the problem?

WEIDER: If you put a protective cover on it, that means that young little 5-year-old Jada can't flip through the magazine. It really would help if this was sold only to adults.

WYNTER (voice-over): But one expert on women's issues thinks Weider anti-Cosmo campaign goes way too far.

PIPER WEISS, SR. FEATURES EDITOR, YAHOO! SHINE: I don't think that reading about sex is going to spark irresponsible activity among teens. "Cosmo" is hardly the most shocking or fearful place to learn about sex.

WYNTER: Piper Weiss, senior features editor at Yahoo Shine, the women's lifestyle portal, tells "Showbiz Tonight" younger readers can find useful information in "Cosmopolitan".

WEISS: It's more about a place where girls go to find out about the things they're embarrassed to ask in sex ed class. It's the place you go when you don't want to talk to your parents about something.

(END VIDEOTAPE)

COSTELLO: OK, so what's the magazine's take on the criticism?

Let's bring in "Showbiz Tonight" host A.J. Hammer. He's in New York with that side of the story.

Hi, A.J.

A.J. HAMMER, HOST, SHOWBIZ TONIGHT: Hey, Carol.

Well, it might not be a surprise to you but "Cosmo" is defending their content and that they put these young stars on the cover with that content. Here's what they're telling "Showbiz Tonight" about it all.

"The mature successful young women Cosmopolitan features on its cover embody the fund and fearless spirit of the magazine and reflect the empowering information inside about relationships, career, health and beauty."

But as you say in Kareen's story, Nicole Weider isn't buying their explanation. She says that "Cosmo" is hiding behind the idea that is providing this empowering information when it's actually offering what she calls hard core, explicit sex tips as it features those young stars on the cover. She wants federal regulators, Carol, to take action against the magazine.

You can sort of see both sides, because obviously "Cosmo" has to advertise on its covers what they're putting in their magazine. Is somebody doing it intentionally? Who knows?

COSTELLO: Well, you know, the interesting thing about this actress, she's what, 19 or 20? So, she's not a tween, but her audience --

HAMMER: She's 19 years old.

COSTELLO: She's 19, OK. But her audience, the little girl who watch her, probably believe she's, what, 14 or 15?

HAMMER: Well, and certainly, she has a very young following. So you can certainly understand Nicole Weider's point that you have these young girl who is want to flip open in magazine to read all about Selena Gomez in this instance, and they're seeing all these sex tips that are probably age inappropriate in a lot of these cases.

COSTELLO: A.J. Hammer, live in New York, thank you.

How do you know when your favorite Major League Baseball team is in trouble? Losing to a bunch of college kids is one sign. This is so ugly. That's straight ahead.

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COSTELLO: We asked you to "Talk Back" this morning and you did. The question, "Why was it controversial for Mohammed Ali to throw out the first pitch at the Marlins game?" Interesting responses this morning.

This from Matt, "Extremely poor taste. His daughter is pretty good in boxing, I would have had her throw the pitch, accompanied by Ali."

This from Colleen, "Why was it? I love Muhammad Ali. It's just him as he is today."

This from Augusto. "All too often we want to put people with an illness out of the way and out of sight especially if they're famous. Kudos for whoever invited him to touch, to throw out that first pitch."

This from Laura, "If it made him happy, I don't have a problem with it. If it humiliated him then it should be controversial. Is our demand that he not be in the public eye in condition a statement about him, or is it about us?"

Please continue the conversation, Facebook.com/CarolCNN. Facebook.com/CarolCNN and thanks.

Baseball team owners write a lot of big checks, but even for them, $162 million is a lot of money. We'll tell you how the New York Mets are moving on after their owners got a big bill that has nothing to do with baseball.

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COSTELLO: Where did you go, Brooks Robinson because Baltimore really needs you. You can forgive Baltimore Orioles fans for not to being more excited about opening day. The team closed out spring training in the worst possible way, with a loss to a community college. The State College of Florida Manatee has actually beat the O's 2-1. Now, admittedly the Manatee were using a Baltimore pitcher and catcher but still this is the kind of omen at least baseball fans worried about the upcoming season. Let's hope that the Orioles were just cashing it in here.

There's a little more optimism ok, a lot more optimism for the New York Mets fans, the team's owners are lucky to still have the team. Last month they agreed to a settlement and payout of $162 million to victims of Bernie Madoff's Ponzi scheme.

CNN's Richard Roth is at Citi Field. I know he's somewhere there, hey, Richard.

RICHARD ROTH, CNN CORRESPONDENT: Carol of course there was controversy three years ago when Citi Field became the name after Citi Bank bought the naming rights for $20 million I think a year.

Now this year, the Mets are free of Bernie Madoff after the $162 million settlement. You said that the Mets fans are optimistic. I'm not so sure about that. I think they've bottomed out perhaps, they're pinning their hopes on young pitching years away. But this team slashed their payroll from $140 million down to about $90 million, star players, like Jose Reyes were allowed to leave, he's with the Marlins now.

One analyst who watches the Mets and baseball talked to me about the state of the team after Madoff and a Mets fan expressed his displeasure with the current ownership.

(BEGIN VIDEO CLIP)

WAYNE MCDONNELL, NYU SPORTS BUSINESS: They can finally concentrate on building the winner that they need with the Mets and that cash (inaudible) that they're using stay with us. Mets fans stay with the Mets. They're going to be good again.

MICHAEL REISS, METS FAN: I think the Wilpons are bad owners. I think they have to -- they have to get rid of the Wilpons and get better owners so that they can start spending money in the right way.

(END VIDEO CLIP)

ROTH: That's Met fan Michael Reiss who has a small Mets shrine in his room. I mean, he's not giving up. And other Mets fans are in but this may be the first Mets opening day since 1997 without a sell- out, Carol. Mets are trying to come up with some innovative ways, maybe free tickets to other games to entice fans to come here to Queens for this opener against the Atlanta Braves who had their own collapse from last year to get over -- Carol.

COSTELLO: That's why everybody should be go over to the American League and root for the Detroit Tigers. But I do feel for Mets fans. It's just awful.

ROTH: Well, you have to hope that Cabrera can play third base then after moving if you're a Tiger fan.

COSTELLO: I have no doubt in my mind, Richard. He can play third base just fine. We're fabulous I can't wait Prince Fielder, Miguel Cabrera, can you imagine, a one-two punch. Thank you, Richard.

ROTH: And they have good pitching, too.

COSTELLO: Justin Verlander, baby. Thanks Richard.

We're following a lot of developments in the next hour of CNN, let's check in first with Alison Kosik.

ALISON KOSIK, CNN CORRESPONDENT: Hi Carol.

Some say it could help spawn the next Google or Apple. In a few hours President Obama puts his signature on a new law that will make it easier for small businesses to grow. But who could lose in the field. That's coming up in a few minutes.

JOHN ZARRELLA, CNN CORRESPONDENT: I'm John Zarrella in Miami. Muhammad Ali throws out the first pitch at the Miami Marlins' inaugural game in their new stadium. How did that play? I'll tell you at the top of the hour.

ALEXANDRA STEELE, CNN METEOROLOGIST: And I'm meteorologist Alexandra Steele watching severe weather once again today. We've had so far tornado watches and warnings. Who is under the gun today and when will the severe weather threat end? I'll have that coming up in just a few moments.

COSTELLO: Thanks to all of you.

And we're getting a -- we're going to get sneak peek at the new sequel to Kony 2012. And it confronts some criticism dogging the campaign to capture a warlord. Coming up at 10:40 Eastern, I'm going to be talking to Ben Keesey the CEO of Invisible Children, the charity behind the Kony 2012 campaign.

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COSTELLO: Next Saturday marks the 100-year anniversary of the Titanic tragedy. To commemorate the occasion, a memorial crew is scheduled to travel to the exact spot in the north Atlantic where the ship went down to pay tribute to the victims.

Christie Acey and her sister Nancy Preacher will be among the 1,300 passengers. We're going to talk to them live tomorrow. That will come your way 10:00 Eastern hour.

In the meantime, the movie "Titanic" is scheduled to be re- released in 3-D, just in time for that anniversary. The man behind the movie, director James Cameron, took a journey to the deepest known point on the planet, the Mariana trench, in a submarine he helped to design.

Cameron has some new details about that trip which he shared with our Jason Carroll.

JASON CARROLL, CNN CORRESPONDENT: Carol, James Cameron called in from Guam to talk about his historic dive to Challenger Deep, the deepest known point on the planet in the Pacific Ocean. He talked about how he felt when he reached the bottom, what he saw and how he's inspired to do even more.

(BEGIN VIDEO CLIP)

CARROLL: I'm wondering, you know, going back to when you were down at Challenger Deep, can you just take us back to what that moment was like for you when you reached the bottom?

JAMES CAMERON, DIRECTOR (via telephone): Well, look, it's a pinch-me moment, you know. Am I really here? Is this really happening? You sort of think you're going to wake up from the dream and you have to sort of take a breath and say, ok, I'm on the bottom. Now, here's what I've got to do next and next.

And so, you know, I got busy. I took my contingency sample and switched my sonar on and started looking around.

At a certain point, I said, you know what; just stop, just stop the vehicle and just take a look out the window with your own eyes. I had to just take a moment and kind of bear witness and feel the kind of the weight of the water over my head -- you know, 7 miles of it and think, wow, what a remarkable -- what a remarkable moment in my life and what a remarkable place to be for any human being. CARROLL: I think it's also a lesson in just how precious life is and how it's still finds a way even in the most harshest of environments.

CAMERON: Well, exactly. Life finds a way, you know. And I have seen that at the hydrothermal events where you see animals like shrimp and (inaudible) living right up next to jets of water that are hot enough to melt lead. And you see life at that place.

But you know, the funny part is here I am, as far away from kind of our day-to-day world as one can imagine, short of literally being on the moon or on Mars, I get a call from my wife Suzie, who has commandeered the acoustic communications system and calls me on the bottom of the ocean. So, let that be a lesson to all men, it doesn't matter how far away you go, your wife's going to find you.

CARROLL: Even though Challenger Deep was a desolate place, did you find any source of inspiration?

CAMERON: I think it's good and healthy for us to always be pushing the boundaries and pushing outward. I think we should be exploring the planets. And I think there's inspiration in that, knowing our place in the universe.

(END VIDEO CLIP)

CARROLL: Cameron thanked the team of people who worked for years to make this happen. He brought up an interesting point, he was so inspired what he saw down at challenger deep, don't be surprised if you don't see some of those influences in some of his featured films possibly even the sequel to "Avatar," "Avatar 2" -- Carol.

COSTELLO: I'll be watching. Jason Carroll, thanks.