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President Obama vs. Federal Judges?; Whitney Houston Autopsy Released; Violence Continues in Syria; Hospital Says it Won't Hire Overweight Individuals; Town Drastically Reduces Waste Production; Mary J. Blige Criticized for Burger King Commercial

Aired April 05, 2012 - 15:00   ET

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

BROOKE BALDWIN, CNN ANCHOR: Top of the hour. Welcome back. I'm Brooke Baldwin.

And it's really blowing up between the Obama administration and conservative federal judges. This whole thing started boiling on Monday when the president, defending his health care reforms and saying the U.S. Supreme Court had better not overturn them, here he was.

(BEGIN VIDEO CLIP)

BARACK OBAMA, PRESIDENT OF THE UNITED STATES: 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.

(END VIDEO CLIP)

BALDWIN: That struck some as odd, since the courts are there to review laws passed by Congress to make sure they are constitutional.

Flash forward the next day, Tuesday. The president clarified what he said on Monday.

(BEGIN VIDEO CLIP)

OBAMA: The point I was making is that the Supreme Court is the final say on our Constitution and our laws.

(END VIDEO CLIP)

BALDWIN: There's part of the clarification from the president Tuesday.

The White House is saying that the first time around, the president was talking in shorthand and maybe some folks just didn't get it. Among those folks was this guy here, federal Judge Jerry Smith is Texas. He's sitting there on the bench on Tuesday and starts in on this government lawyer. He told her a lot of folks saw what the president said as "a challenge to the federal courts or to their authority."

Then this judge took it one step further. He told that government lawyer to get in touch with the Department of Justice and have them explain in writing exactly what the president meant on Monday and had to do it by today 1:00 Eastern time and that was the deadline.

This whole thing highly, highly unusual.

Jeff Toobin, our senior legal analyst, let's go through this step by step. President Obama, he is a constitutional scholar, maybe didn't sound like it on Monday. Did his remarks on Monday surprise you when he said overturning a law would be unprecedented, his word?

JEFFREY TOOBIN, CNN SENIOR LEGAL ANALYST: Not one bit.

I thought what President Obama said was entirely appropriate. I thought it was correctly a characterization of what the law is and what the facts of this issue are. And what I was shocked by was this judge giving this homework assignment, three pages single-spaced, to the Department of Justice answering a question that frankly I thought he had no business asking.

BALDWIN: That's exactly right. Three pages, single-spaced, that was the assignment. You call it homework.

You point out you have this judge, Judge Jerry Smith, and to quote you, this guy has a hissy fit, he's down in Texas, he's hearing the whole other case. But all the same, he orders the Justice Department to explain directly to him what the president meant on Monday and from what I am hearing the Justice Department followed through, yes?

TOOBIN: They did. And they did answer the letter today signed by Eric Holder, the attorney general, and they basically said what was completely obvious from what I thought the president was saying, which is the position of the Department of Justice is that the health care law is constitutional.

It is, of course, the right of the Supreme Court of the United States to declare that law unconstitutional. That's been true since 1803 in the famous case of Marbury vs. Madison. What I thought in many respects was the most interesting part of the letter was it was only two-and-a-half pages, which I thought was a bit of a needle to these judges demeaning the Department of Justice in the way that they did.

(CROSSTALK)

BALDWIN: But bigger picture here, as we talked about this back and forth, the simmering clash as it seems between the president and the judges and the justices appointed by Republicans, it appears a little ugly. What is your take on that and have we seen this before, this back and forth?

TOOBIN: It is ugly. It is a rich part of American history to have judges and presidents in conflict.

In the 1930s, Franklin Roosevelt was so stymied by the United States Supreme Court that he tried to pack the court and add a number of justices. This is a frequent matter of contention between presidents and the Supreme Court, but one thing never changes is the Supreme Court has the last word. If they see the Affordable Care Act is unconstitutional, Barack Obama can disagree all he wants. But they have the last word.

BALDWIN: They get to rule and decide which as you point out last time we were talking, we should be hearing the ruling coming down end of June. Jeff Toobin, thank you so much for calling in here and talking about that.

Also just into here at CNN, we're getting word now of a secret meeting, the secret meeting between Rick Santorum and a group of conservative leaders, the topic, Newt Gingrich.

Dana Bash is there for us in Washington.

Dana, what do you know?

DANA BASH, CNN SENIOR CONGRESSIONAL CORRESPONDENT: We understand from a couple of sources now who were present at the meeting that Newt Gingrich was one of the topics, but more broadly, what this was was a group of conservative activists, some conservative leaders who asked Rick Santorum to come to Northern Virginia to talk about strategy.

These conservative activists have a lot on the line. Remember, back in January many of them got together and decided to throw their support between Senator Santorum and now obviously we have been reporting extensively on the delegates count looking much, much better for Mitt Romney, and Rick Santorum obviously being in big trouble.

Part of the discussion I am told was trying to figure out how they can try to convince Newt Gingrich or at least the supporters of Newt Gingrich to leave him and support Rick Santorum and others, other parts of the discussion I am told was just more broad strategy on how to make sure that he is able to continue on and not only win his home state of Pennsylvania, which is the next big contest for him at the end of the month, but also beyond that in more conservative states in May.

But it is do or die time for Rick Santorum, no question. These conservative activists know it, which is why they wanted to meet with him.

BALDWIN: Since it is do or die time and we heard from Senator Santorum the other night in his home state, as you point out, of Pennsylvania, he says he is sticking to it, going to stick through it through his home state, April 24, you point out, the primary and then through May which a number of those states have a lot of evangelical voters which obviously play well with Rick Santorum.

So this meeting had nothing to do with we're a little worried about you, it was more about let's fix this, let's find strategy so you can power through?

BASH: My sense is, is it was both. They are worried. There is no question. They would be kind of crazy not to be worried given the math and the math is that Mitt Romney is 400 delegates ahead and that Rick Santorum looks like he would have to win more than 70 percent of the contests going forward in order to even come close to getting the 1,144 delegates he needs in order to get the nomination.

Of course they're concerned. Primarily when you look at the substance of it, it is because these conservative leaders since the beginning of Republican time so to speak, they have not thought Mitt Romney was conservative enough, socially mostly, to be their nominee and given where we are on the calendar, where we are with this math and the delegates count, they are concerned.

And that's really the main reason why they wanted to get together and I am told there was a meeting in person, Brooke, and then because of the fact that many people are at spring break and on vacation, they also did a conference call with the senator as well.

BALDWIN: Interesting, Dana Bash. Thank you so much. We appreciate that in Washington on the secret meeting here.

BASH: Thank you.

BALDWIN: Coming up next, we will talk about the young Marine, a veteran, a father behind the wheel of his SUV with his two daughters inside, does something strange. He crashes through the gates of his high school, gets out of his car and now he is dead after a sheriff's deputy shot this Marine sergeant.

But the case is still a mystery and today we now have the new video that shows what happened moments before his death. Don't miss it.

(COMMERCIAL BREAK)

BALDWIN: Got an update now on a story we talked about yesterday about the Marine sergeant shot to death in his SUV, shot to death by a sheriff's deputy in California while two of his daughters were sitting in the back seat of his car.

We now have that surveillance video of Manuel Loggins Jr.'s crash and this was back in February. I want you to look closely. I know it's dark, but after crashing his SUV through a high school gate, he got out of the vehicle, walked to a nearby playing field and track and Orange County news outlets reporting Loggins was apparently speaking irrationally.

There is a police deputy car there. Moments after this, though, he is dead. Since this incident in February, Loggins' wife gave birth to their fourth child. At the time, she was pregnant.

Yesterday, I spoke with the family's attorney and asked him a number of questions, including had he seen the surveillance video. Here is what he told me about the video, what it shows and what you don't see.

(BEGIN VIDEO CLIP) BRIAN DUNN, ATTORNEY FOR LOGGINS FAMILY: I think, Brooke, what's important about this video is not what it shows, but what it doesn't show. This is the case involving the death of a man. It was a man that was shot and killed in the presence of his two daughters. We know that he wasn't armed. We have no concept as to why the deputy fired.

We know the deputy was not in fear of his life. We know that no crime had been committed. And at the same time, deadly force was used, specifically force that resulted in the death of this individual. And not only was he killed in his car, but he was killed in the immediate presence of two of his daughters who were age 14 and 9.

So when we start talking about the video, what we're interested in, what the family is interested in is answers regarding why this shooting happened in the way that it did. And so far, we have seen nothing whatsoever from the Orange County Sheriff's Department that has given us any information whatsoever that would justify this.

(CROSSTALK)

BALDWIN: Let me jump in, Mr. Dunn, because we, of course, doing our due diligence at CNN, we reached out to the Orange County Sheriff's Office.

Let me just read you what they gave us as a statement -- quote -- "The Orange County district attorney's office is conducting an independent investigation as per our policy to ensure clarity and transparency." They go, "Until that investigation is complete, we would not be able to comment."

In addition to that statement in that investigation here, we have also learned that this deputy, Deputy Sandberg, has won awards for his service to the department. Ironically enough, he has also served in the U.S. Marine Corps, a very, very highly trained individual.

(END VIDEO CLIP)

BALDWIN: That was just a piece of the interview. I encourage you to watch it. Just go to my blog, CNN.com/Brooke.

Joining me now to talk a little bit more about this mystery former San Clemente Mayor Wayne Eggleston.

Mr. Eggleston, before this happened, as we mentioned, it happened in February, you had never met Sergeant Loggins or his family, correct?

WAYNE EGGLESTON, FORMER MAYOR OF SAN CLEMENTE: No, I had not met him previously.

BALDWIN: So, having not met him, hearing about what happened, how did you get involved in this? I understand you decided to help raise money for his family and now his four daughters.

EGGLESTON: It was just a situation of just a heartfelt response to his death and very tragic.

And I called various members here in the community including the San Clemente Chamber of Commerce, and we decided along with the organization that I belong to, which is the Heritage of San Clemente Foundation, which manages Park Semper Fi, a Marine monument, that in fact we would start raising funds for the educational benefit of his children and we're in the process of doing that now.

BALDWIN: So you mentioned this community. You have all these contacts. You had served as mayor. When this happened and even up until now, how has this story, this death, this now current investigation, how has that resonated in this area?

EGGLESTON: Well, it has resonated a great deal. People I have spoke to are very dismayed by the situation, obviously, and there is a great deal of support for his family and to find out what really happened.

BALDWIN: Can you tell me anything more about his widow? I understand they had this memorial service for him up at Camp Pendleton, and you did meet her there. How is she?

EGGLESTON: She is very dignified and poise and very diplomatic to say the least. I had the honor of attending the Marine memorial service and spoke with many of the Marines who knew him personally, including his commanding officer, Colonel Marano.

And they all said the same thing, that in fact he is a Marine's Marine, and he was very -- he expected discipline from his troops, but he was always there for his troops, for their personal and family issues. And he was very religious, and his wife, Phoebe, at the time of the death had three children. She has since delivered the fourth child, but he is -- really the people that knew him respected him a great deal as a father, as a husband, and as a Marine.

BALDWIN: Wayne Eggleston, thank you. I know we have tried reaching out to the Orange County Sheriff's Department as they point out to us this is an ongoing investigation and they're not talking publicly.

But, sir, we really appreciate you coming on. We will stay on this one.

Still ahead, I will speak live with a forensics expert about Whitney Houston's revealing autopsy report. Which part could be most surprising here, especially since we now know what police found inside her hotel room?

Plus, Dolly Parton reveals to me the moment that made her boo- hoo-hoo, to quote her, when we talked this week with grief over Houston's death. You will hear her emotional answer next.

(COMMERCIAL BREAK)

BALDWIN: A water, a spoon with some sort of white powder and cigarettes in an ashtray by the bathroom sink. We're now getting some of these new details about the final days and the death of pop superstar Whitney Houston. All of these details are coming from the final autopsy report from the Los Angeles county coroner and the most surprising new information was this, the water in the hotel bathtub where Houston drowned was very, very hot.

I am talking in excess of 93 degrees. The singer was found face down and was underwater for as long as an hour before her assistant came into the bathroom and found her.

I want to bring in Dr. Cyril Wecht. He's a forensic pathologist who has performed some 17,000 autopsies.

And, Dr. Wecht, the coroner ruled that Whitney Houston's death was this accidental drowning caused by the effects of heart disease and cocaine use and we all thought that she was, you know, in the bathtub, taking a bath, and perhaps had some kind of event like a seizure. And you have read this entire, quite lengthy here, this whole autopsy report. Do you buy that?

DR. CYRIL WECHT, FORENSIC PATHOLOGIST: No, I do not. I do not know of anybody who takes a bath in a bathtub face down.

She was face down in as you have pointed out very hot water, and keep in mind that the temperature of that water would have been a couple or more degrees hotter when this happened than it was when she was found. She had a bruise contusion, abrasion scratch of the left lateral forehead and also some similar markings around the nostrils.

And then in the collarbone (INAUDIBLE) areas she had some yellowish-brown markings, pressure type marks, as well as on the left breast. These clearly indicate to me evidence of a fall into the tub, striking her forehead, and there was a little bit of hemorrhage on the under surface of the scalp, not sufficient to have produced any brain damage, but certainly indicative of a fall, a full in which she was unrestrained.

(CROSSTALK)

BALDWIN: Let me quote this autopsy just to further perhaps prove point. Page number four her, there were two superficial abrasions to the left side of her forehead, so up here, and there was a superficial abrasion to the left side in the bridge of her nose.

So when you hear that, you say, Dr. Wecht, without a doubt she fell, perhaps fell into the tub.

WECHT: Well, yes, and the proof that she fell is the correlation with the water.

There is not one person watching you right now who has not had an incident with hot water. And when you inadvertently, mistakenly, negligently, stuck your finger or your toe into burning water, you jumped halfway to the ceiling.

BALDWIN: Right. WECHT: What was the response of Whitney Houston? Not to extricate herself from that, not to cry out for help? This was clearly a woman who was unconscious and therefore unable to react. She was immobilized. And that could only have happened by something that occurred before.

Drowning if at all playing a role in this case would have been an agonal terminal event as her head became submerged. I wouldn't argue with that. The point is though that what was it that rendered her unconscious, and it was the drugs, the combination of Xanax, antidepressant, Benadryl, an antihistamine, and Flexeril, a muscular skeletal relaxant.

Both of those latter two drugs depress the brain as well as performing their other tasks.

(CROSSTALK)

BALDWIN: Specifically, they say a plethora, this is the word they used, the coroner's office, a plethora of prescription medication bottles, and also small spoon with a white substance in it and rolled up piece of paper was found.

When you hear all of that and you talk about all of these drugs at play, how large of a role do you think drugs did in fact play in her death?

WECHT: There is no question that drugs played the major role, Brooke, and this is a tragic situation that is occurring by the dozens of cases every day in America, 37,000 acute combined drug toxic deaths last year in America, but one only hears about these things when they involve celebrities -- 60, 65 percent of my 300 coroner's cases in surrounding counties last year were cases relating to three to as many as eight or nine drugs.

And so we have this plethora of drugs, cocaine, marijuana, the illicit drugs and then the three legally prescribed drugs that I have mentioned. And this is a deadly combination. This is what led to Whitney Houston, an otherwise healthy, strong, well-muscled individual, falling into the bathtub of scalding water, unable to extricate herself, unable to call for assistance.

This is the scenario. For the coroner, medical examiner's office to attribute this death to hearth disease, what she had was focal, atherosclerotic narrowing of right coronary artery. Any 48-year-old person may have that degree...

(CROSSTALK)

BALDWIN: You say that's perfectly normal. You say the 60 percent blockage, that isn't what actually led to the death. You point to drugs. When you hear about everything that was in and around this bathroom area and you have read the autopsy, are we to believe she was doing some of these drugs right up to the last second of her death? WECHT: Well, yes. Well, right up to the last second she had taken the drugs because they were still evident in their principal form within the blood. These drugs quickly break down and you get the metabolites.

The finding of these drugs still in the blood as well as the metabolites indicates that they were taken shortly before. And then as you pointed out, the spoon, the white substance in the little paper, that's cocaine. The perforated nasal septum clearly indicates that she was a veteran cocaine abuser. This is a classical anatomic pathological defect in which the nasal septum becomes is perforated.

So this is a woman who was a drug abuser and this is a tragedy, a beautiful, talented individual dying in this fashion.

BALDWIN: That's what I kept saying when I was looking through the autopsy. It is just so, so sad.

Dr. Cyril Wecht, thank you.

And Monday -- just this past Monday, I had the opportunity to sit down with a gospel legend in her own right, Dolly Parton, and I know you know that it was Dolly Parton that wrote the song that became the international hit thanks to Whitney Houston "I Will Always Love You."

So Dolly talked about that song with me and she also talked about the moment that just about made her collapse with grief just about over Whitney Houston's death.

(BEGIN VIDEO CLIP)

DOLLY PARTON, MUSICIAN: I think her version of that was spectacular. She just put that song out there in the whole wide world.

And I always say every night on stage when I do it, I will do my version, I ain't no Whitney Houston, but it is my song. So I always think of it as being our song.

It is like she just did so great with recording that song, and it was -- just killed me when they played it so much after she passed away and on the day of her funeral when they raised her casket and that went into that song. Oh, man, you could have just -- it was just like I was just stabbed in the heart and I just started to boo-hoo.

That's when I really, really cried, yes, because just hearing my song, her voice, knowing that that song would probably be at my funeral as well, it was just a moment to think that what a great song God gave me and Whitney.

(END VIDEO CLIP)

BALDWIN: Thank you to Dolly Parton for sharing that with me. We did sit down with her to talk music. So you will see a lot more of that interview coming up in a couple of weeks in an upcoming "Music Monday" segment. So, that's coming up. But the former football coach accused of raping young children appears in court. But what Jerry Sandusky's attorney said outside the courtroom today, that's raising some eyebrows.

Plus, a bombshell today in the hacking scandal involving Rupert Murdoch's empire. It turns out one of his news organizations now admits to hacking e-mails -- those details next.

(COMMERCIAL BREAK)

BALDWIN: Jerry Sandusky appears in court on child sex abuse charges today.

Also, President Obama appears alongside House Majority Leader and Republican Eric Cantor.

And Rupert Murdoch's empire makes a big admission. Time to play Reporter Roulette.

Jason Carroll, let's begin with you and this hearing in Pennsylvania and the child sex abuse case against former Penn State defensive coach Jerry Sandusky. Jason?

JASON CARROLL, CNN NATIONAL CORRESPONDENT: Brooke, Joe Amendola came to court this morning looking for justice for his client, Jerry Sandusky, but that is going to have to wait, the judge deciding not to rule on any of the important issues today. Here is the reason why. Joe Amendola basically feels as though he has not received enough specific information or evidence from the prosecution in order to build his case. The prosecution says it is an ongoing investigation dealing with 10 alleged victims and they're turning over information as they get it. The judge basically deciding that it would be premature, quote, "to rule on the motions to dismiss until all of the evidence is in."

Joe Amendola also came out here, Brooke, and answered some of his critics who say that he has been filing the motions to dismiss in order to delay the trial. Joe Amendola says that is not true. He already feels his client has been tried in the court of public opinion.

(BEGIN VIDEO CLIP)

JOE AMENDOLA, ATTORNEY FOR JERRY SANDUSKY: I want to try to make sure that Mr. Sandusky gets to court and can get a fair jury to hear sides on both sides of this case so that that jury when it is seated will listen to the judge's instructions and hear the evidence at trial and make a decision based upon that evidence, not upon as you may recall the decisions, the conclusions made by many of you when Mr. Sandusky was initially charged on November 5th and he was guilty and all of these accusers were victims and all the candlelight vigils that were held for them and all the programs opened up for them. We have been trying to overcome this tidal wave of presumption of guilt since November 5th.

(END VIDEO CLIP) CARROLL: Prosecution saying this is a broad investigation, once again, dealing with ten alleged victims and those victims that are scheduled to testify. Prosecution saying they are looking forwards to facing Jerry Sandusky in court. For now the trial is expected to get under way June 5th. Brooke?

BALDWIN: Jason Carroll, thank you. Next on Reporter Roulette Alison Kosik at the New York Stock Exchange with reaction to the president's signing jump start our business startups, otherwise known as the jobs act, and officially law and all 11 pens later. How does the law create jobs, Alison?

ALISON KOSIK, CNN BUSINESS CORRESPONDENT: It does make it easier for startups and small and medium-sized businesses to go public, and they go public to sell shares and raise more money. And with this bill the idea is if they have more money they'll be able to grow, expand, be able to hire. So what this law does is relaxes some of the rules and I will tell you what, there are a lot of rules before a company goes public.

They have to look at company books and the company has to disclose certain financial information, and now that it is signed into law companies don't have to do the audits and the disclosures right away. The idea is loosening the regulations will ultimately encourage innovation and entrepreneurship, help to boost the job market and ultimately the economy, Brooke.

BALDWIN: It might also potentially lead to more investor fraud at least say a lot of are critics, correct?

KOSIK: Right, exactly. Critics like AARP and even the SEC is coming out against it saying the bill winds up weakening protections for investors and could open the door to more failed IPOs and more fraud. Another issue they say they can solicit investors by advertising their IPOs and this worries the AARP because they say it makes it easier for companies to take advantage of seniors and prey upon them trying to lure people to investing in IPOs thinking they can make a quick buck, and not all IPOs are successful in the end. Brooke?

BALDWIN: Allison, thank you. Next, on Reporter Roulette, Sky News admits it did indeed allow journalists to hack e-mails. This comes two days after Rupert Murdoch's son James Murdoch stepped down as chair of the parent company. Dan Rivers has the latest for us in London. Dan?

DAN SIMON, CNN INTERNATIONAL CORRESPONDENT: Brooke, more bad news for Rupert Murdoch and his media empire here in the U.K. This time it doesn't concern one of the tabloid newspapers. It concerns Sky News, the cable news provider. Sky News admitting that on two occasions one of its journalists hacked into the e-mails of two members of the public. It is saying on both occasions the journalist was probing alleged criminal activity and therefore it was justified and in the public interest, but it is against the law here in the U.K. to hack into e-mails and there is no public interest defense in the strict letter of the law, so that's going to potentially land ski sky news and the director that is authorized this into some hot water.

Of course this comes 24 hours after James Murdoch, Rupert's son, quit as his chairman of BSkyB, the parent company, because he didn't want BSkyB to get embroiled in the wider hacking scandal that involved "News of the World" here and now laterally arrests of other papers, including "The Sun" newspaper here. So a terrible week for Rupert Murdoch and one in which sky news is claiming it was justified because it was in the public interest. Brooke?

BALDWIN: Dan Simon in London. And that's your Reporter Roulette on this Thursday.

Listen to this, there is a hospital in Texas that says if you're overweight, sorry, you can't work here. Sunny Hostin is on the case next.

Plus, he is one of the most notorious serial killers in America, and for the first time in years we are seeing what Charles Manson looks like now. We're going to show you the pictures next.

(COMMERCIAL BREAK)

BALDWIN: On the case today, the changing face of one of the most notorious killers of the 20th century, Charles Manson. He is serving life in prison for the 1969 murders of actress Sharon Tate and six other people by a group of his followers known as the Manson family. And he faces a parole hearing next week, his 12th. And CNN asked the California department of corrections for the latest photos of Manson and, guess what? They sent us two. Sunny is here. Let's put the new pictures up of Manson before we talk. Look at this. Look at the gray hairs, last June, and barely recognizable except for the swastika on the forehead. How old is he now, Sunny?

SUNNY HOSTIN, CNN LEGAL ANALYST: Can you believe it, Brooke, he is 77-years-old? He spent about the over 40 years in prison. We know that he was convicted of the most heinous crimes that he committed in 1969. He has spent over 40 years in prison, and you can tell, can't you, when you look at the picture?

BALDWIN: You can tell looking at the beard, that wild gray hair, and I am guessing, though, after all of these years he has not softened one bit.

HOSTIN: Well, that's what we're hearing, of course. He has gone up for parole 11 times, Brooke. It has been denied every single time. The last time informs 2007. The parole board in rejecting his bid said the following, "He continues to pose an unreasonable danger to others and may still bring harm to anyone he would come in contact with." So even at 77 years old, I suspect that they still feel that he poses a danger to others.

BALDWIN: He is still hoping the 12th time will be a charm. I mean, is there really any chance this guy will ever be paroled?

HOSTIN: You know, there is no indication that he has indicated any remorse for these crimes. There is no indication he has changed at all. So I suspect that what was said in 2007 is likely what will be said in 2012, that he continues to pose this unreasonable danger to the community at large. And so I don't think he will be released. Of course his parole hearing is set for next Wednesday.

BALDWIN: Let's move onto the other case, a lot of folks I know in our meeting talking. So you have this Citizens Medical Center, the hospital in Texas. You laugh, so you know what's happening. They have a strict weight policy. It won't hire people that are overweight and uses BMI to determine who is in and who is out. So take a look at the graphic, the cut off, BMI of 35 according to a report in the Texas tribune. We ran through examples on a BMI calculator. Think about yourself and would you be able to work there. The cut off works to 210 pounds if you are 5'5", 245 pounds in you're 5'10", and I get it, it is a hospital. You should be in good physical health to work there to be a role model, but can they really refuse people? Can they really refuse people?

HOSTIN: It is remarkable. It is remarkable, isn't it, especially because they're basing it on BMI. I think many people don't even know what that is, body mass index. Apparently I have been looking into this, and it isn't against the law --

BALDWIN: It is not?

HOSTIN: -- to sort of discriminate against someone based on their weight interestingly enough. In Texas it is not one of the protected categories, some of the categories are race, of course age, religion, and nothing discussing weight.

I have got to tell you, though, I think the hospital certainly is in a risky area here because the Americans with disabilities act does protect as disabled some folks that are obese, and there is case law to protect people that are obese. So I wonder, I wonder, Brooke, if someone challenged this policy whether or not it would be able to withstand scrutiny in a court of law. This is really remarkable.

BALDWIN: Let me point out obviously we made the phone call to the hospital. They don't have a comment. This BMI cut off if you're looking to work at the hospital, my question is what if you already work there and you put on pounds? Can they fire you?

HOSTIN: Well, it has been reported that if that happens they don't intend to fire people. But under the law I suspect that perhaps they could, and perhaps they would. Of course the hospital didn't give us any comment but there has been some reporting that they don't intend to fire anyone that may begin a few host holiday pounds, and instead they will help people lose weight.

But when you really look at this, again, Brooke, this is really, really a risky area for a hospital because if obesity is determined to be a disability, those folks are protected under the Americans with Disabilities Act. So I think they have to be very careful here.

BALDWIN: This could be one of those stories we circle back to. Remember when we talked about this because now there is someone coming forward none too pleased about this. Mark this day down, Sunny Hostin. Thank you so much, on the cast. Welcome back, by the way.

HOSTIN: Thank you.

BALDWIN: Coming up next, a disturbing sign that North Korea is getting ready to launch a long range missile. Be right back.

(COMMERCIAL BREAK)

BALDWIN: If it is interesting and happening now, you're about to see it. Rapid fire, let's go.

Beginning with Syria, Syria says it has taken steps now to comply with the peace plan proposed by the United Nations. The government says it has now partially withdrawn troop from some cities and towns, but opposition groups say assaults are continuing and 37 people have been killed today around Syria. This amateur video here was taken in the city of Homs.

Also a new satellite photo of a North Korean missile launch pad suggests a long range rock set about to be launched there. North Korea has said it plans to launch a satellite this month but western powers suspect it is a cover for a ballistics missile test. The launch would very much so violate multiple U.N. Resolutions.

Tearful, desperate searches for people trapped in the land slide. This is Kenya. Heavy rains overnight sent boulders tumbling into tin shacks in a Nairobi slum. Several people are still trapped under some of the rubble and debris. The BBC is reporting at least six people have died and more rain, more rain expected there through the end of the week.

In Colorado a ski town is going waste free. It is a solution with plenty of possibilities.

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BALDWIN: Steamboat Springs has amazing views, snow-capped peaks, and mountains of garbage. The city has set a goal to be 100 percent waste free by 2014. It works like this, restaurants use recycled products. Even trash cans are sealed so customers can't throw anything away. They have people who do it for you.

CHRIS JIGGENS, STEAMBOAT TRASH ATTENDANT: Grab and go. We look and see what is compostable and what is recyclable and anything left, food or plastic left, we put in the compost bin.

BALDWIN: All the trash goes to the Twin Enviro composting facility where it decomposes into dirt. Every year Steamboat Springs turns more than 175 tons of food scraps and other compostable waste into 400 tons of soil that goes right back to the mountains. Waste has been cut by at least 70 percent.

JIGGENS: People are on vacation and here for fun, and when they see something like that, and it interests them, they can bring it home. I think any bit helps.

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BALDWIN: That makes me want to go skiing. Anyway, we talked about Mary J. Blige, singing about chicken. Then Burger King released this ad. Now she is responding to the controversy, and it does involve race. That's next.

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BALDWIN: Coming up in a matter of minutes, this man, Wolf Blitzer. And Wolf, I was just in the commercial checking at your twitter page, sir, and it looks like you're talking to the governor of South Carolina today.

WOLF BLITZER, CNN HOST, "THE SITUATION ROOM": She's really an amazing woman. I don't know if you know a lot about her, Brooke. I didn't know that much about her. Her personal life growing up in South Carolina, in the small community where her family moved, she was the only little girl except for her sister whose parents were from India. They were Sikhs. Her father wore a turban and a beard. Let's put it this way, unusual and extraordinary some of the experiences that she had, even wanting to play kick ball with the other girls. There was a black team, a white team. They wanted to know if she was black or white. And she couldn't participate in the beauty pageant because they didn't know if she was black or white.

She tells these stories. And I just taped this interview in THE SITUATION ROOM, and she read says passages from the book. We'll talk politics and why Romney, the man she supports, is having so much trouble getting support among women in particular. But Brooke, I think our viewers will be interested in this interview. We'll air it in the next hour.

BALDWIN: It's an interesting back story in her life and I think she told Stephen Colbert that her parents came to the states with $8 in their pockets. Thank you, Wolf Blitzer.

Meantime, the Grammy winner Mary J. Blige, she says that the Burger King ad she did agree to do isn't this ad it ended up being. In it she sings about the B.K. chicken wraps. Critics say the commercial reinforces old stereotypes. Let's play it. What do you think?

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UNIDENTIFIED MALE: What's in the new chicken snack wraps?

UNIDENTIFIED FEMALE: What's in the new chicken wrap?

UNIDENTIFIED MALE: Mary?

(SINGING)

UNIDENTIFIED FEMALE: Crispy chicken, crisp lettuce, three cheeses with dressing wrapped up in a tasty tortilla.

(END VIDEO CLIP) BALDWIN: That's the ad, it has been yanked for now, but Blige responded to this whole controversy saying this, and I'm going to quote, "I agreed to be part of a fun and creative campaign that was supposed to feature a dream sequence. Unfortunately, that's not what was happening in the clip. I understand my fans being upset by what they saw, but if you are a Mary fan you have to know I would never allow an unfinished spot like that one you saw go out."

Coming up next, the first lady teams up with Google to give Americans a never-before-seen-look here at the White House. Kind of cool.

Plus, Rick Santorum, let's hope his bowling helps to give him a boost in the Republican race because he's spending a lot of time at the lanes. We have some proof. Political Pop next.

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BALDWIN: President Obama screens "To Kill a Mocking Bird" at the White House. I'm sure you read it and have seen the movie, perhaps. Gregory Peck plays Atticus Finch. Remember this?

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UNIDENTIFIED MALE: You want to tell me what really happened?

UNIDENTIFIED FEMALE: I've got something to say, and if you don't do nothing about it then you're lousy, yellow, stinking coward.

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BALDWIN: The movie is a classic now, 50 years old. It's going play tonight in the White House family theater. And press secretary Jay Carney answered a couple of questions about the film today, including who's coming.

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JAY CARNEY, WHITE HOUSE PRESS SECRETARY: Members of Gregory Peck's family here, some of the actors from the movie as well as local D.C. students.

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BALDWIN: Also, speaking of the White House, first lady Michelle Obama is teaming up with Google to give virtual tours of the White House.

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MICHELLE OBAMA, U.S. FIRST LADY: But the White House isn't simply a home to first families or meeting space for world leaders. It's also known as the people's house, a place that should be open to everyone. Now you can do all of that without leaving your home. So go ahead, look around. Enjoy the history and the beauty of these rooms, because after all, this is your house, too. (END VIDEO CLIP)

BALDWIN: Google using its technology so you can get the same experience you would actually have if you go on tour at the White House. And while he's trailing in the Republican presidential race, Rick Santorum certainly seems to have the vote cover said. Check him out. He was bowling a couple of frames yesterday and if you think you've seen a lot of him at the bowling alley, you're right. Get this -- he made five stops while campaigning in Wisconsin, five.

It seemed to start a couple of weeks ago after he bowled a turkey, that's three strikes in a row. I've never done that. Since then he has been holding appropriately titled rallies at the alleys. And while all of this bowling may be to show off his every man appeal, he actually seems to be enjoying the game. Here he is professing his love.

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RICK SANTORUM, (R) PRESIDENTIAL CANDIDATE: I grew up actually doing a lot of bowling. When I was younger I loved the sport. I love the fact that you can sit around and drink beer and hang out with folks and talk to people all over the place.

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BALDWIN: Bowling, who knew? Now to you, Wolf Blitzer.