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New Wisconsin Exit Poll Information; Romney's Record

Aired June 5, 2012 - 20:00   ET


JOHN KING, CNN ANCHOR: Thanks, Erin. We begin with breaking news tonight. Wisconsin voters deciding right now whether their governor should stay or go. The battle with huge amounts of outside money could have huge implications for what happens in November during the presidential election.

Polls are open for just one more hour. As you can from the clock at the bottom left of your screen. We're going to bring you the results as soon as they come in.

Voters are deciding whether to recall Republican governor Scott Walker. He's on the left of your screen. And replace him with the Milwaukee mayor, Democrat Tom Barrett. He's on the right. The effort to get rid of Governor Walker sparked by his move to cut union rights and benefits that in the midst of a big state budget crisis.

This is organized labor versus the Tea Party. With potentially national significance. We're going to talk it over with Dana Bash, Ari Fleischer, and Paul Begala.

Let's get straight out first to Dana Bash. She's on the ground at Walker headquarters.

Dana, we know this is a big turnout election. Both sides trying incredibly hard to get out of vote. What are you hearing as we enter the final hour?

DANA BASH, CNN SENIOR CONGRESSIONAL CORRESPONDENT: That turnout across the state of Wisconsin, John, is very, very high. Obviously at this point it is for the most part anecdotal. But we're talking about lines very long, pretty much all day in key areas.

Now when you're talking about the Republicans, those who are pushing for the incumbent not to be recalled, I just talked to a senior Republican official in the state who said he's worried. And the reason for that is because they are hearing anecdotally and also from their political people on the ground that there is record turnout in the county of Dane. And that is where Madison is. And that is for the most part pretty liberal.

They're worried about that. In fact, one number that he just told me is it's up 118 or 119 percent from the 2010 election. Same goes for Milwaukee, the county of Milwaukee and the city of Milwaukee, in particular. That would be bad news for Republicans. At the same time they also say that they're getting good numbers from where they're looking at in the key Republican strongholds like where I am right now in Waukesha. So it is really, really a nail biter.

KING: And we'll be watching this county by county. As you mentioned, Dana, Milwaukee County key to the Democrats. Waukesha, the biggest key to the Republicans.

Dana, one fascinating key in this race, disgusting to some, is all the outside money. Upwards of $63 million was raised so far. We think it's actually going to be much more because that's what's already been reported. Way out of proportion for a state this size. And if you look at our exit polls, 88 percent of the people say they decided how to vote before May.

I'm wondering if a lot of those people who cut those big checks are going to say, I'm sure that's money well spent. What is the take on the ground about this outrageous, some would say obnoxious amount of money?

BASH: Nobody can believe it. Everybody -- they use the word obviously it is unprecedented. It is astonishing. Especially since particularly in the case of Governor Walker, 70 percent of his money has come in from out of state.

We knew going into today over the past couple of days looking at the public polling that all of this money was targeting a very small percentage of the population. We're talking about undecided. Also it doesn't cost a lot to run television ads in this state. So already we knew that a lot of the money was going to the efforts that we were just talking about, the get-out-the-vote efforts here in Wisconsin on both sides.

There's no question that there is unprecedented money being spent on that here in this small state of Wisconsin.

KING: And there's a lot of talk nationally, probably too much talk about this being a prelude to the November election. When you talk to people on the ground there, do they see this as a recall about their governor or do they see this about Romney versus Obama come November?

BASH: The honest answer is they're not sure. Scott Walker is somebody who is incredibly polarizing. As somebody said to me, there are people who would walk over coals for him and there are people who would walk over coal to vote against him. And some of those people who would vote for him may actually still be Obama voters. They may like -- or excuse me, dislike Scott Walker, not as much as they like President Obama. And vice versa.

So it's not clear that it's really going to translate into November. What Republicans do say they hope regardless of what happens tonight is that the infrastructure that they have been able to build here with all of this get-out-the-vote operation around the -- around the state, that that is going to benefit them come November. Because in the last election, this was not really, really officially on the map for Republicans. And Democrats did quite well.

They're hoping that this time at least they have the infrastructure. Whether the passion is going to match the infrastructure, that's an open question.

KING: Dana, stick around. Let's bring in CNN political contributor, former White House press secretary for President George W. Bush, Ari Fleischer, and our CNN contributor and Democratic strategist, Paul Begala. We should note Paul is also an adviser to the pro-Obama super PAC Priorities USA Action.

Ari, about 26 percent of Barrett's donations come from outside Wisconsin. Two-thirds of Walker's did. Seven to one is the spending advantage favoring Republicans there.

Can you make the case? Could -- if Barrett loses, can you make the state that out-of-state voters bought this election?

ARI FLEISCHER, CNN POLITICAL CONTRIBUTOR: No, I don't think so. Because what's missing in the equation is all the manpower that unions provide which doesn't show up in those spending proposals -- spending numbers. You know the unions have brought in thousands of people from outside of Wisconsin.

And you know what? I don't blame them. That's how democracies work. That's what happens when you have all the marbles in one election, a special election in the middle of the summer in a presidential year. And especially when the passion was that high and hot because of collective bargaining in Wisconsin, the need for reform versus labor trying to protect the status quo.

But, you know, I've really got to say, John. The biggest thing, in my opinion here, we should get rid of recalls. It's such a bad mechanism for good government. Doesn't matter what party you are. Run, serve your term, and take your stand when you're supposed to take your stand. And that's how elections should work.

Recalls, they'll just put a fear into anybody and everybody that nothing's permanent in politics. And I don't think that's healthy.

KING: So, Paul, you've been in a campaign war room when you know you have a 50-50 race, and it is a cliche, but every now and then, it's true. It comes down to turnout on Election Day. If you look at the exit polling, voters who identify as coming from a union household is 32 percent. That's up from 2010. When Scott Walker won, so Democrats would say yay, that's good for us.

But if you look at the other side of the spectrum, there are more elderly voters, above 65, voting in this election up from 2010. You'd say hey, Republicans are doing their job today.

Take us inside a campaign headquarters when you're down to the day where you can't give a speech, you've got to turn out the vote.

PAUL BEGALA, CNN POLITICAL CONTRIBUTOR: Yes. Literally, John. And I'm not making this up. I got an e-mail from someone in the Democratic war room in Wisconsin. It's a source I cannot give you his or her name. But this is what they say. Regarding turnout as of 4:00 p.m. when they ran the numbers, the numbers we're looking at are closer to 2008 level turnout than 2010.

That is unprecedented. I mean for an off -- as Ari says, off- year, it's summertime. You know the Brewers are playing. And we're looking at turnout patterns both in Republican heavy Waukesha where Dana is and Democratic heavy Dane County, which is Madison where they may be running out of ballots even. And very Democratic town -- city of Milwaukee where Tom Barrett, the Democratic candidate, was the mayor.

So I don't like all the money coming in either, but it is great to see people out there and fired up and exercise their rights, though. I love seeing that.

KING: And Ari, a lot of people are saying -- and then I'll bring Dana back to the conversation -- you know, that this is harbinger for November. But again if you look at the exit polls, well, they tell us we have a very close race between Governor Walker and Mayor Barrett. President Obama, when people said -- asked who you're going to vote for in November, President Obama has a pretty healthy lead. Five or six points there.

Does that assume that we just leave Wisconsin leaning blue and forget about it? Or is there an opening for Governor Romney here?

FLEISCHER: John, I think that's a harbinger something even bigger than this year's presidential election. And it's a harbinger for reform. Whether or not governments are capable of reining in pensions, and that has implications nationally for Social Security and Medicare and Medicaid, or whether we have become untouchable. Whether or not this just -- we're beyond the tipping point.

You can no longer take away a benefit that somebody has received whether collective bargaining, union rights, making union workers pay more for their health insurance or their pensions. I think reform itself is on the line. And that has dramatic implications for all the decisions the federal government has to make. With the massive federal issues facing us involving debt and deficits.

KING: As we deal with all the issues heading forward, Paul, your former boss is back in the news today. He said Mitt Romney had a sterling business record and everyone in the Obama campaign gasped. Then he went out yesterday and said electing Governor Romney would be a calamity for the economy. Then today he was asked about the economy, he says we are in a recession and he says this.


UNIDENTIFIED REPORTER: So does that mean extending the tax cuts?

BILL CLINTON, FORMER PRESIDENT OF THE UNITED STATES: Well, I think what it means is they will have to extend -- they will probably have to put everything off until early next year. That's probably the best thing to do right now. But the Republicans don't want to do that unless he agrees to extend the tax cuts permanently including for upper income people.

And I don't think the president should do that. That's going -- that what they're fighting about. I don't have any problem with extending all of it now including the current spending levels. They're still pretty low. The government spending levels. But I think they look high because there's a recession.


KING: Now, if you listen to all of that, Paul, there's some very important nuance in context. He says the Republicans will demand too high of a price and he understands the president won't want to give it. But he says there's a recession at a time the Democratic incumbent is going around the country saying there's a recovery. And he says extend the tax cuts at a time the president is going around the country saying raise taxes on the rich.

A problem there?

BEGALA: He's also saying, as point out in that sound bite, which you're right, John, is you know how to cover this, man. You've been doing it for 21 years. I've been his friend and advisor for 21 years. He said very clearly that he thinks the upper income tax cuts should go away and we should go back to the Clinton era levels of taxation on the wealthy. The only tactical --

KING: Eventually.

BEGALA: The only tactical difference is he's saying for a few weeks we should kick the can past the new year so you get the new Congress in there and you can cut the deal that we need to cut with the newly elected Congress and newly reelected president who he strongly supports.

I think people are really blowing this thing out of proportion. Over the course of time I think it's great for President Obama. Because the more Bill Clinton is heightened as the economic arbiter, the better it is for Barack Obama because he thinks President Obama is doing a great job.

KING: Ari, weigh in on the economics of what President Clinton is saying now.

FLEISCHER: Well, I love Paul. Paul just did a masterful job of spinning something that's really bad for his side.


FLEISCHER: You know, if you're Barack Obama and his people, the last thing you want is for President Clinton to say what he said. It undermines the heart of his economic issue going into the election. President Clinton is saying the economy is still in a recession.

If the economy is still in a recession, it's very hard to see how Barack Obama can win re-election. So that's the core of that matter. But extending tax cuts for everybody does make sense so we can get some type of permanency in the tax code. Democrats, Republicans, whoever the new president is has to get together for certainty because that's what's going to bring the economy back down again regardless of its status.

But this is one of those moments of politics where it's a goof and you didn't want to be part of it if you're the other side.

KING: Dana, take us inside the debate on the ground. We just showed pictures moments ago, President Clinton did come out there to campaign for the Democratic candidate. President Obama decided not to. Privately Democrats I've talked to in Wisconsin are grumbling a little bit. They say the president didn't want -- have his fingerprints on what might an embarrassing loss.

What's the -- what's the conversation on the ground?

BASH: Grumbling is a good word for what we're hearing from Democrats on the ground. They're not happy because of the fact that they probably -- they feel that they could have benefited from somebody like President Obama here helping to raise money, helping to raise the profile. Particularly since Republican heavyweights have come in here as well.

The fact that Bill Clinton came certainly helped. And obviously we know, I think, politically the reason why President Obama didn't want to come in. It's exactly what you said. He didn't -- he didn't want to be that closely associated with something that could likely be a losing effort.

For Bill Clinton, you know, he doesn't -- he doesn't have the political future that President Obama does. But look. The bottom line is that there definitely are divisions.

Can I just quickly add one thing to what you just said about the taxes? Just from my perch, my regular perch on Capitol Hill. The fact that President Clinton said that he would potentially take tax cuts off the table is not going to make Democrats on Capitol Hill happy because privately they have been saying that they have a big card. And that is, if they sit back and do nothing, taxes go up.

And that is why they felt that -- they feel that they really have Republicans there. And President Clinton saying, well, maybe we shouldn't use that card. Democrats on Capitol Hill, again, not happy about that.

KING: Gone from the White House almost a dozen years now, but Bill Clinton still driving to a degree our politics.

Dana Bash, Paul Begala, Ari Fleischer, thanks.

And let us know what you think. We're on Facebook or you can follow me on Twitter, @JohnkingCNN. I'll be tweeting tonight when I'm not trying to work the wall here.

And while Wisconsin voters are at the poll, Mitt Romney was campaigning in Texas, once again bashing President Obama for blaming his predecessor for the country's economic struggle. So why then is the Romney campaign playing the blame game itself when defending the former Massachusetts governor's economic record?

We're "Keeping Them Honest. "


KING: "Keeping Them Honest" in the presidential campaign. Mitt Romney is facing new accusations of hypocrisy for embracing the B-word when it's to his own advantage. B as in blame.

His campaign is using the tactic to explain some of the less flattering statistics from Romney's time as governor of Massachusetts. Like the fact his state was 47th nationwide in job growth on his watch.

Here's hour senior Romney adviser Eric Fehrnstrom explained that on ABC's "This Week."


ERIC FEHRNSTROM, ROMNEY CAMPAIGN SENIOR ADVISER: When Mitt Romney arrived, Massachusetts was an economic basket house. If you throw D.C. into the mix, we were 51 out of 51.


KING: So basically he's arguing that Governor Romney inherited a disaster of an economy and should be applauded for helping it crawl out of the basement. OK. Fair enough. But "Keeping Them Honest," the Romney campaign has slammed President Obama for using the exact same argument.

Talking about Mr. Obama in California, Governor Romney said, quote, "What he's very good at is finding other people to blame. Last week President Bush was in the White House, unveiling his portrait. That was a handy occasion, of course, to try and blame the predecessor, how bad things were because of his predecessor."

It's an attack Governor Romney has made repeatedly. Most recently just today. The latest shot on long (INAUDIBLE).


MITT ROMNEY (R), PRESIDENTIAL CANDIDATE: George W. Bush was at the White House for the unveiling of his painting last week, and you know, that was an easy --


ROMNEY: He's always an easy target. And so he's blamed. Although after three and a half years people have figured out this is Obama's economy. Not George Bush's economy. And the president is always quick to find someone to blame. He said he'd bring us hope and change. Instead he's divided the nation and tried to blame other people. (END VIDEO CLIP)

KING: Now to be sure Governor Romney is right, President Obama does blame his predecessor when he talks about the economy.


BARACK OBAMA, PRESIDENT OF THE UNITED STATES: Now we inherited a trillion-dollar deficit. The other side doesn't like to be reminded of this. We inherited an enormous deficit, enormous long-term debt projections. After inheriting a trillion-dollar deficit. After inheriting a $1 trillion deficit. I inherited a trillion-dollar deficit. I inherited a trillion-dollar deficit.


KING: He also says he inherited a recession. And now this is important. Because Mr. Romney's campaign is arguing that his first year in office as governor shouldn't be counted when considering his record. But that's not a latitude they grant the president.

Here's Governor Romney senior adviser Ed Gillespie on "FOX News Sunday."


ED GILLESPIE, SENIOR ROMNEY CAMPAIGN ADVISER: So they're bringing down the gains of the -- of his fourth year in office which shows the real impact of his policies and diluting it with the first year in office when he came into office and it was 50th in job creation. He inherited a $3 billion projected deficit.


KING: Now just to be clear, Ed Gillespie there saying Romney's critics are making his record look worse by counting his first year in office when he was grappling with a dog of an economy. But when Romney talks and the campaign talks about President Obama's record, as a rule they start the clock running January 2009, even though the president didn't take office until January 20th. That's significant because the economy, as you all remember, was in a free-fall at that point. The financial crisis still unfolding.

Joining me now is Kerry Healey, a Romney campaign adviser and someone who knows his record well. She was lieutenant governor when Mitt Romney was governor.

It's good to see you. Let me just ask you. I talked to you about this last night and you said no, we start the clock at the beginning. Did Ed Gillespie and Eric Fehrnstrom, they make a mistake there?

KERRY HEALEY, ROMNEY CAMPAIGN ADVISER: No. What they were trying to point out is that the Obama administration has been trying to characterize the entire administration, the Romney administration, with one number which they keeps saying again and again, 47th in job growth. But in truth, really it's a progression. You started out and Governor Romney owns this, absolutely. We were 50th or 51st actually if you count the District of Columbia in job growth when Governor Romney came in to office.

The next year he bumped it up to about 46. The next year, bumped it up to 40th. The next year bumped it up to 30th. So the question is, do you give him credit for that progress? Yes, I think you do. I think you look at that -- as a progression toward increasing our competitiveness amongst the states.

And also what you see there is actual positive action. You know positive momentum toward creating jobs. During that time he brought down unemployment in Massachusetts from 5.7 percent or 5.6 percent to 4.7 percent. We haven't seen that under the Obama administration. So it doesn't matter whether you include the first year or not. The question is --

KING: But it matters --

HEALEY: You know --

KING: It matters if you go out and say, well, if you don't count it, we did great. When you don't give the president of the United States the same --


HEALEY: Well, I think if you do count it -- I think you have to count it and I think you have to look at it as a progression. And where has the Obama administration been able to take the country? In fact, the unemployment rate is higher today than when they came into office.

KING: You were in a --

HEALEY: And for -- as you know 40 straight months now over 8 percent.

KING: But you know how politics works, having been on the ballot. When you have these two guys go on suggesting, well, if you just didn't count our first year, we're extraordinary. That --

HEALEY: But do you embrace this notion of averaging? Should we average the four years? Does that make any sense? Does that tell the voters anything?

KING: You just --

HEALEY: What the voters want to know is what direction are you moving?

KING: And so under that scenario --

HEALEY: And Governor Romney move the ball forward.

KING: Under that scenario, though, couldn't President Obama say the first year was a disaster? I inherited, just like Governor Romney says, I inherited a mess.

HEALEY: Absolutely. But --


KING: But where are we going since?

HEALEY: But has he gotten America out of the hole? And the answer is no. No. In fact, the unemployment rate was still going up this month tragically, you know, with 23 million people unemployed. It's very --

KING: So answer the critics who say you're trying to play by two different sets of rules.

HEALEY: Well, I'd say that --

KING: Start the clock, one place for the governor, one place for the president.

HEALEY: -- what they're not listening to the point which is that using one number, this odd average of the four years to come up with 47th in the nation doesn't really show what happened. Which is a progression toward a very positive downward spiral, toward full employment in Massachusetts, 4.6 percent, 4.7 percent is full employment. And that's how Governor Romney left Massachusetts.

KING: The debate in recent days, though, exists because of what those gentlemen who work for the campaign, speak for the campaign, said. Could they have said it more clearly? Could they have said it more articulately?

HEALEY: Perhaps they could have said it more clearly. I spent my life looking at statistics. Maybe I just see it a little bit more -- you know, more clearly than they might have. But let me just say that it's about a progression, it's about progress, and Governor Romney was moving our state forward to full employment.

KING: When they do say inherited this mess, there were Republican governors before him. A string of Republican governors before him. What did they do wrong?

HEALEY: Well, our state had an economy that was very focused on the dot-com bubble, you know, or was destroyed by the dot-com bubble, and very focused on high-tech companies. And when that dot-com bubble burst, our state was harder hit than virtually any other state in the nation. And that's why we went all the way to the bottom down to 51st in the nation in terms of job creation.

So I don't think that our, you know, predecessors did something wrong. It was -- there are cycles. And the dot-com bubble was a bubble and it burst.

KING: Let me ask you a question, nothing to do with is. But we could get a replay of 2008. You remember Barack Obama and John McCain came off the campaign trail because the country was at the edge of a huge fiscal cliff. No one suggests we're that big of a cliff. But you do see with the contagion from Europe, we just played former President Bill Clinton saying, you know, he'd be open to extending the Bush tax cuts again. That's very counter to what the Democratic incumbent now says.

But he sees a problem. And he thinks everybody needs to get together and figure it out. Bill Clinton complaining the Republicans would ask for too much if the president gave them that now.

Do you think what Governor Romney say, look, Mr. President, we have a huge problem with the country right now. To keep us from falling off a cliff, let's sit down -- let's reach an agreement. Extend the Bush tax cuts a little bit more but I'll give you something you need or are we just going to fight this out to November?

HEALEY: I think that that is really the role of the president right now, to sort that out with Congress. What I can tell you is that Governor Romney has a very strong record of bipartisan cooperation, reaching out across the aisle, because you have to remember, and probably most people across the country don't realize that in Massachusetts the legislature was 85 percent Democrat when Governor Romney was in office.

So he had, in order to get anything done, to reach out and create those relationships and make those discussions work. And so that's what I would suggest for President Obama.

KING: But there was this -- there was a grand bargain. They both decided not to criticize the TARP essentially back in 2008. I'm not suggesting we're in as dire a circumstance. But we're in a potentially dire circumstance. You don't see any potential for that happening this year?

HEALEY: Governor Romney will always want to do what's best for the country. So while I can't speak to him or for him on that point, I'm sure that he would always put the good of the country above any campaign.

KING: And you're going to go back next time at the headquarters, you're going to suggest we all, same clock?

HEALEY: That we talk about statistics more. Yes.

KING: Everybody gets the same clock?

HEALEY: Absolutely.

KING: Lt. Gov. Kerry Healey, appreciate your time tonight.

HEALEY: Thanks.

KING: Thank you. And I kept you from an important party tonight. I apologize for that very much.


HEALEY: This was more fun. Thank you.

KING: All right.

When we come back, remember the polls close in Wisconsin just a little more than 35 minutes away. And also get this, a shocking announcement today from rocker Sheryl Crowe. The 50-year-old says she has a brain tumor. We'll talk about her prognosis with our Dr. Sanjay Gupta next.


KING: A bombshell as the trial of former Penn State football coach Jerry Sandusky gets underway. A report he allegedly sent love letters to his victims. The new development when 360 continues.


KING: Frightening diagnosis tonight for singer Sheryl Crow. Her representatives confirming she has a brain tumor. The good news, it's benign, and she says she's feeling fine. Sheryl Crowe, you might remember, is a breast cancer survivor. She tells the "Las Vegas Review-Journal" this latest diagnosis came after she suffered a string of memory problems.

One of Crow's memory lapses happened on stage in Florida when she forgot the lyrics to her hit song "Soak Up the Sun."


SHERYL CROW, SINGER: Oh. What's the words? It's live. Nothing on tape here. I'm 50, what can I say? My brain has gone to (EXPLETIVE DELETED).


KING: Sheryl Crow's representatives say she has one of the most common forms of a brain tumor and she does not want to alarm anyone with the news.

Let's bring in our chief medical correspondent Dr. Sanjay Gupta who is a brain surgeon. Of course, Sanjay, I understand you spoke to Sheryl Crowe this evening. What did she tell you?

DR. SANJAY GUPTA, CNN CHIEF MEDICAL CORRESPONDENT: Well, she basically started off by saying this is a relative small thing. She described it as a, quote/unquote, "a bump in the road."

She also said that this tumor that was diagnosed a few months ago really has nothing to do with the memory problems you showed there. The doctors attributed that to her being a busy person, 50 years old, two small children and just life in general.

I think something that a lot of people experience. She did get an MRI scan at the time because of these concerns and that revealed this tumor. It's on the right side of her brain. She said, John, she also described sort of a burning sensation over her right temple. That also heightened her concern for this and caused her to see her doctor.

The doctor said she doesn't need surgery, but she is getting MRI scans every few months just to sort of keep an eye on things. But she really is in very good spirits. She seemed to really minimize it and didn't seem at all concerned.

KING: It's great to hear that that she's in good spirits. She's an optimist, but other viewers here, brain tumor. It's easy to think the worse, Sanjay. What is a meningioma? How common is it?

GUPTA: It is one of the more common types of brain tumors. This is typically what is known as a benign tumor. If you have benign and cancerous, more times than not about 85 percent of the time, a meningioma is going to be benign.

Interestingly enough and you've heard of other people probably, John, who had this. Elizabeth Taylor, for example, had this. It's a tumor that typically grows between the outer layer of the brain and the brain itself.

So it's not actually inside the brain as other tumors are. Again, some people depending on how big it is will have it removed right away. Other people you sort of watch and wait as is the case with Sheryl Crowe.

Many people, they never need an operation or need further treatment. But in a small percentage of cases, it can suddenly start to grow more rapidly. It can become cancerous and require surgery -- John.

KING: She was treated successfully for breast cancer back in 2006. Any chance the cancer treatment or any part of the treatment could have contributed to the development of the tumor?

GUPTA: Well, you know, this is an interesting question in medicine and particularly in the world of cancer research. The answers we don't know for sure. That has been a definite speculation out there for some time.

That breast cancer survivors are more likely to develop meningiomas. Why exactly that is, it's unclear. It could be a result of the treatment for breast cancer although it's a little unclear for sure. They don't know for sure.

Women are more likely to get it than men. Hormone replacement therapy can be a risk factor. Radiation can be a risk factor. Sheryl told me that she had concerns about cell phone usage something that we've talked about on this program before.

Cell phones potentially increasing someone's risk for a brain cancer or brain tumor in this case. She doesn't know that for sure. But we don't know. In her case because it is so small, they're keeping an eye on things -- John. KING: As they keep an eye on it, what's the test for deciding whether or not you need to go in and remove it? Simply whether it grows some or whether it grows and causes side effect symptoms?

GUPTA: Yes. It's a great question. There are sort of two things. First of all, we're reiterating that her memory problems not caused by this. If they were, if the tumor was in a location that would be potentially responsible for memory, that would be a reason for a surgeon to operate.

I've operated on patients for that very reason. Also it's not only the growth, the size of it, but if it suddenly starts to rapidly grow. So you know, you get a scan, it's one size and four months later it's grown much more quickly.

That's an indication that, look, this tumor has now demonstrated that it can grow quickly and the better sense of valor would be to just simply take it out. But, you know, it's a judgment call between doctor and patient.

KING: Not so bad when your chief medical correspondent is not only a brain surgeon, but also can get Sheryl Crow on the phone like that. Sanjay, thanks.

Let's get to some other stories we're following tonight. Isha Sesay joins us now with the "360 Bulletin". Hi, there.

ISHA SESAY, CNN CORRESPONDENT: Hi, John. The White House says al Qaeda's number two man is dead. U.S. officials say Abu Yahya al- Libi was killed by a drone strike in Pakistan. Al- Libi frequently appeared on videos on Jihadist web sites and played a critical role in the group's planning against the west.

The Syrian government says it will allow the United Nations into the country to deliver humanitarian aid. Bashar Al-Assad's government also announced they're expelling diplomats from 11 countries.

Those nations expel Syrian officials last week in response to the massacre in Hula. Residents there say regime forces have cut off the town from basic necessities.

Now Nigerian officials have suspended Dana Air's license in the wake of Sunday's deadly plane crash. The State Department says seven U.S. citizens were on that flight, which killed everyone on board including the pilot.

And a once in a lifetime event in the solar system is going on right now. It's called the transit of Venus when the planet crosses between the earth and the sun. It appears as a black dot as you there. It won't happen again until 2017. John, as I say to everyone, if you can't see this, make sure to protect your eyes.

KING: See this right here, welder's glass. You get to peek and see it. Want mine?

SESAY: Yes, OK, if you can get it to me quickly. KING: I'll get it. It's on the way. Thanks, Isha. We'll see you in a bit.

The jury is taking shape for Jerry Sandusky's sex abuse trial. The former Penn State assistant football coach in court today as both sides make tough decisions on who will be seated to hear that case.

And there's a new report tonight the jury will get to see love letters Sandusky allegedly wrote to his victims. That's next.


KING: Polls are about to close in Wisconsin. We have new exit polls in the recall election that could impact the November presidential election coming up.


KING: "Crime and Punishment" tonight, jury selection now underway in the Jerry Sandusky trial. The former Penn State assistant football coach is fighting 52 counts of child molestation. Sandusky was in court today as the two sides choose nine jurors from the pool of hundreds.

The trial could begin as early as Monday. Prosecutors say they will call some of Sandusky's accusers as their first witnesses. Tonight, ABC News says prosecutors plan to back up the testimony with love letters allegedly written to his victims in Sandusky's own handwriting.

Jason Carroll is live at the courthouse at Belafonte, Pennsylvania tonight. Jason, let's start with this ABC news report about the love letters. What have we been able to find out?

JASON CARROLL, CNN NATIONAL CORRESPONDENT: Well, this report allegedly refers to victim number four. This is a young man who was allegedly assaulted by Jerry Sandusky back in 2000. He sexually assaulted more than a dozen times according to the grand jury report.

And what we are hearing is that not only will the prosecution present a letter that Sandusky wrote to this young man at the time, but letters to other victims as well. It's not just letters, John. We're also hearing about gifts that Sandusky allegedly gave to some of these boys over a period of time.

Phone calls, numerous phone calls he made to their home asking them to join him on trips and other ventures as well. So this is just some of the evidence that prosecution plans to present.

But I have to tell you, some of the most damning evidence that prosecution says will come forward in this trial will be hearing from the accusers themselves when they take the stand.

John, the way things are going now, it looks like this trial could get underway as early as Monday with opening statements.

KING: As early as Monday that I assume because of progress in jury selection. Tell us about those chosen so far.

CARROLL: Well, I have to tell you. Things have been moving right along. I mean, as you say, so far nine jurors have been chosen. What's interesting about this, four of them have ties to Penn State.

Now a lot of people might find that unexpected. Let me point out few examples here. The person chosen as a juror number three or the third juror, she's a middle aged white woman. Her husband at one point worked with John McQueary.

Now that name may sound a little bit familiar because he is the father of Mike McQueary. Mike McQueary is the man who says that more than a decade ago when he was a grad assistant he saw Jerry Sandusky sexually assaulting a young boy in a shower at Penn State.

So you've got this woman who has a relation to the McQueary family in terms of working at one point. She was actually chosen for the jury.

And at one point Joe Ammendola who, of course, is Jerry Sandusky's defense attorney said I don't want this women on the jury. I want to strike her.

The judge in the case, Judge Clelan said, look, this is the type of -- Center County is the type of a place that is so small and Penn State is so big you're not going to be to avoid some of these relations.

The quote that he said is these kinds of relationships cannot be avoided. Then, John, Jerry Sandusky himself spoke in the court and said, quote, "I think she can be fair." So she was one of those nine jurors who ended up being chosen -- John.

KING: Interesting already a fascinating case about to unfold. Jason Carroll is right there. Jason, thanks.

Let's bring in criminal defense attorney, Mark Geragos and CNN legal analyst and former federal prosecutor Sunny Hostin. Mark, let me start with you as accomplished defense attorney. When you hear about love letters, letters Jerry Sandusky allegedly writing to the victims, how big of a problem is that to the defense?

MARK GERAGOS, CRIMINAL DEFENSE ATTORNEY: Well, it depends. I mean, you always hear before any of these trials start, there's always a leak right on the eve of jury selection. That's purposely done.

Usually comes from the prosecution's camp. They leak out this information. They try to make it look at damning as possible. So I would wait until we see what the letter actually says.

You know, this idea there are gifts. That he gave somebody golf clubs. This is a coach. This is somebody who is in a charitable organization. They're taking at-risk youth. That is not something that necessarily is going to look damning.

I agree with the reporter, though. The thing this case is going to turn on number one is obviously jury selection, who they put in that jury. And number two, how the witnesses come across. And that's what it's going to turn on.

It's not going to really matter at the end of the day what the letter says. I highly doubt there's some letter that confesses any that I did it or I had sex with you or anything else. That would have been leaked long ago.

So my guess is you're going to find that the jury selection determines everything in this case. Then those first couple of witnesses are going to be major make or break for the prosecution.

KING: And sunny, as we wait to get to that point, you say some of the decisions today could leave the door wide open on appeal if Sandusky is found guilty. Why?

SUNNY HOSTIN, CNN LEGAL ANALYST: Yes, I'm just very surprised that this jury selection has gone so quickly. We're talking about seating nine jurors in one day. And I think it's very surprising that these jurors have these types of ties to the players in this case.

Yes, it's a small town. Yes, Penn State is a big school. But the bottom line is I'm very surprised that a judge would allow or even the defense would allow a juror that has a close tie to the father of Mike McQueary.

Her husband practiced with John McQueary. Listen, my husband's a doctor. He tells me about his partners, people he practices with and you form opinions about those people.

So right for appeal? I think that's a possibility. I'm actually also surprised that this jury hasn't been sequestered. I mean, they walked out, some of the potential jurors, right out of the courthouse to see a throng of media, cameras, and reporters.

You know, I trust juries, but come on. I think it's going to be very difficult for this jury to stay away from the press in this case.

KING: Mark, on this one case. The woman whose husband worked with John McQueary, he's a probable witness. Jerry Sandusky attorney is protesting and then Jerry Sandusky says she can be fair. What do you make of that?

GERAGOS: Well, you know, usually that's when I elbow my client and say look, I'm running this show. Not you. So I don't know unless that was rehearsed and some kind of -- anything but impromptu.

My clients wouldn't get away with that. I think to Sunny's point, however, there is something to be said. If you move for a change of venue and the judge denies it and then you get into jury selection and the judge says sorry, Charlie, I'm not moving this thing because it's a small town and everybody's going to have a relationship.

They have just established the very prejudice that supported the motion for a change of venue and is right for appeals. So I don't get it. I'm kind of mystified. Unless there's some thought that, look, anybody -- you want to be in a pro-Penn State kind of environment and the jurors you're going to get are going to be very pro-Penn State.

I know a lot of people feel this prosecution is an attack on Penn State by proxy. So maybe there's some kind of thinking as to that. Otherwise, it's completely inexplicable to me.

KING: And one of the questions early on in any trial is will the defendant testify? Sunny, what's your take? You say, you know, obviously he gave some interviews. He's very active in court today. At one point, over ruling or at least giving advice to his attorney. Do you see him taking the stand?

HOSTIN: You know, I think in a case like this involving Jerry Sandusky after he was interviewed by "The New York Times" after that now infamous interview with Bob Costa after allegedly what he said in court, this is a defendant who seems to want to talk.

So I don't think we should be surprised if Jerry Sandusky indeed takes the stand. He seems to be in my view the runaway defendant that I'm sure Mark would hate to have and would be elbowing quite a bit in the courtroom. So will we see him on the witness stand? I wouldn't be surprised.

KING: Mark, would you let him or would you use the elbow and maybe some crazy glue to keep him in the chair?

GERAGOS: Look, this would not be the first defendant who over my objections took the stand. Ultimately, it's the defendant's choice. But to some degree, you have all those interviews out there.

If the prosecution and I've had this happen, we've seen it happen, the Robert Blake case, for instance, where they play an interview with the defendant so the defendant does not need to take the stand.

Michael Jackson case where they played the Martin Bashir interview, Michael did not have to take the stand. If that happens, he may not have to. But the defense is this guy's a big goof. No better way to present that to the jury than put him on the stand so they can see he's a big goof.

KING: We'll watch it unfold as we go. Jury selection now underway. Sunny Hostin, Mark Geragos, thanks for your insights tonight.

Up next, another case we're following tonight. The porn star accused of killing and dismembering a man and mailing his body parts to Canadian politicians. He's behind bars hundreds of thousands of miles away. Will he find extradition? The answer coming up.


KING: There's a lot more happening tonight. Isha is back with a "360 News and Business Bulletin." SESAY: John, a Canadian porn actor accused of killing a man and mailing body parts to politicians will not fight extradition following his arrest in Germany. That's according to Berlin police. Luke Rocco Magnotta faces first degree murder and other charges in last month's killing of a Concordia University student from China.

George Zimmerman's lawyers have decided to delay filing a motion for a new bail hearing, but aren't saying why. The 28-year-old Florida murder suspect returned to jail this past Sunday after being free for weeks. A judge revoked his bail after prosecutors argued Zimmerman lied at his initial bond hearing.

A three-year legal showdown over California's voter approved ban on same-sex marriage is headed to the U.S. Supreme Court. A federal appeals court today refused to revisit an early ruling that struck down the ban.

U.S. stocks finished higher after an economic report showing growth in the service sector. The Dow rose 26 points snapping a four- session losing streak.

John, Queen Elizabeth's Diamond Jubilee celebration ended with a dramatic flyover at Buckingham Palace. Aircraft from the battle of Britain ward over the palace. Huge crowds cheered as the 86-year-old queen traveled by carriage up the mall. She gave thanks in a rare televised broadcast. Happy scenes in London town.

KING: And the smiles, you don't get serious big happy smiles there.

SESAY: I wouldn't go with big, but a small smile.

KING: Relatively for her.

SESAY: For her, big smile for her.

KING: She enjoyed the celebration. Great flyover right there. Isha, thanks.

Wisconsin polls will be closing within minutes. Voters are deciding whether to recall the Republican governor and replace him with the Democratic challenger. The results could have major impact to the November presidential election. Breaking news developments "360" next.


KING: Breaking news. The polls closing in the Wisconsin's recall election. We'll have results within minutes, but hours before we know the final result probably. Stakes are high in the state and across the country.

Let's look at some of the exit polls in this race. Here's a fascinating one. Tens of millions of dollars maybe 70 million or more spent in this state yet 88 percent of voters say they decided before May so not swayed by those final ads. Anyway, 3 percent said they decided today. The big issue here was Governor Scott Walker's effort to restrict collective bargaining rights. How big of an issue is that? Among those who voted today, 37 percent say they support his efforts to do that.

And look at this, talk about a polarized electorate, 38 percent say they disapprove of that. So an even break down on the far ends of that debate here.

Let's look at some of the key income groups here. These are the key income groups here. Let's look at the middle class between 50,000 and 75,000, a very key voting demographic. Let's see if they give us a clue on the outcome there.

All right, doesn't want to come up. There we go. Finally comes up. Walker 50, Barrett 49. That tells you you've got a very, very close race playing out in Wisconsin.

So let's get straight to the ground there. Dana Bash is in Wisconsin tonight. Dana, what are you hearing on the ground adds the polls prepare to close?

DANA BASH, CNN SENIOR CONGRESSIONAL CORRESPONDENT: We're hearing that it is a nail biter. The fact of the matter is that anecdotally here where I am, this is going to be Scott Walker's headquarters tonight.

They are hearing about record turnout, which is good for Republicans. But also we're hearing about a turnout that is good for Democrats. John, I just got off the phone with the county clerk in Dane County.

Dane County is where Madison is, and Madison is a pretty liberal city to put it mildly. She told me that in some parts of the city they have 95 percent to 100 percent turnout.

And she was getting calls from clerks at polling stations all around the country saying that they were just swamped. And that they were asking for more and more voter registration forms because they're the same day voter registration here.

That's why you have Republicans who are very nervous. You might see behind me they are just letting people in here to come here for Scott Walker's event. It's unclear right now, if it's going to be a victory party or something different.

KING: We'll watch this play out. You heard Dana Bash on the ground there talk about the county. This is the race two years ago. That's the Senate race. I'm sorry. Let's go to the race for governor here.

Scott Walker won that one by 70 percent. Dane County, the Democrat won (inaudible). We're going to watch it all play out in the hours ahead. That does it for this edition of 360. We'll be back live right here 10:00 p.m. Eastern with the latest from Wisconsin. For now, "PIERS MORGAN TONIGHT" starts now.