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Rick's List

Barack Obama Winning Back Independents?; Accused Killer of Abortion Doctor Stands Trial; The Justice Alito Reaction; Senate Hearing Scheduled on Possible Repeal of "Don't Ask, Don't Tell

Aired January 28, 2010 - 15:00   ET

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

(BEGIN VIDEOTAPE)

RICK SANCHEZ, CNN ANCHOR (voice-over): Here is what is making the list.

UNIDENTIFIED MALE: Driver, stop! Get down on your knees.

SANCHEZ: Apprehended, and accused of killing an abortion doctor. He says it is not murder, and today, he takes the stand.

Does this new CNN graph show the president winning back independent Americans?

Then, there are the extremes. Which TV host joked about water- boarding Nancy Pelosi?

Which one said to Haitians, you deserve your fate? Nice.

Toyota's problems grow, and we will tell you what to do to check your gas pedal.

Speaking of stuck in up the position, the oops moment of the day, "The List That You Need To Know About". Who is "Today's Most Intriguing Person"? Who is on "The List That You Don't Want To Be On"?

You will find out as our national conversation on Twitter, on the air starts right now.

(END VIDEOTAPE)

SANCHEZ: Hello again, everybody. I'm Rick Sanchez.

Making the list right now in your national conversation, a major fender bender, Toyota.

(BEGIN VIDEO CLIP)

(HONKING)

(END VIDEO CLIP)

SANCHEZ: Folks, that is not a happy sound.

We have got some pictures that I want to share with you. That is a Toyota dealership. That's in Clarksville, Maryland, you are looking at there. And these guys that are going around putting these signs up, well, think about it. I mean, they are doing what many would consider the unthinkable. They're putting not-for-sale signs on some of the best-selling cars that have ever been made period, Toyota or any other dealership.

It is all because of a rare, but potentially deadly flaw with the gas pedal, right? As if that weren't enough, Toyota already had another recall involving gas pedals getting hung up on the floor mats. You recall that, right?

Today, Toyota expanded both recalls. It gets a little dizzying. You can't help but feel bad for them, but they are in a bit of a pickle.

And here is Brooke Baldwin.

BROOKE BALDWIN, CNN CORRESPONDENT: They are.

So, wrap your head around this number for me, 5.3 million. That is the number of vehicles just related to one of these recalls. Stay with me. Let me throw this out at you. We are talking about two different recalls here. The first, which was announced last week, that was the 2.3 million. We chatted yesterday. That was the issue with the stuck accelerator, i.e. our prop. We were explaining what happens, the condensation, humidity, et cetera.

The big news that came out yesterday is the fact that these different production, these assembly houses, I think it was six different, in North America, they are shutting them down. You saw the no sale signs. They are not selling these cars either.

Recall number two, this came out last November. You mentioned the floor mats. That's when these accelerator pedals are getting stuck. So, in addition to that, they are adding on 1.1 million on top of that. So, between expanding this first recall to Europe and adding a million cars, that is a lot of cars in question today.

SANCHEZ: They are really well -- let me bring Ali into this as well.

BALDWIN: Sure.

SANCHEZ: Let's make it a three-way conversation, because I am interested. You had a chance to talk to -- and I just saw this a little while ago -- to talk to Mulally, right?

ALI VELSHI, CNN CHIEF BUSINESS CORRESPONDENT: Yes.

(CROSSTALK)

SANCHEZ: He's the guy who runs Ford. What's he say? VELSHI: Right. And when you think of cars and recalls, Ford is the one that comes to mind, Ford and Firestone/Bridgestone. They had the Firestone/Bridgestone cars on the Ford Explorers ruin the reputation of what was the bestselling and original SUV. And that took them a long time to do, so that the rule now in the auto industry is move quickly, get cars off the road that are a safety issue and restore your reputation.

But let me tell you about Toyota. Most people who drive Toyotas -- and there are many of them -- don't tell you it's the sexiest car, it's the flashiest car.

SANCHEZ: Yes.

VELSHI: It's reliable. The company is trustworthy. The cars hold its value. This is Toyota's stock and trade. And 5.3 million cars, that's not a small recall.

SANCHEZ: Let me ask you a question. Maybe it is just me, but my job, CNN pays me to be, not cynical, but critical and ask questions. Yesterday, we were on the air talking about this, all right? This is a stuck -- a gas pedal that would get stuck...

(CROSSTALK)

BALDWIN: So, like this.

SANCHEZ: ... when you would press it, right, like that, and it would not snap back. In other words, it goes down, stays down, and it does not snap back. That is a real danger and it makes people wonder.

Today, Toyota puts out another story for us to cover that is talking about something much more benign, a floor mat that goes under the gas pedal that all you got to do is take out. Are we possibly being played from a public relations standpoint?

(CROSSTALK)

VELSHI: Well, they took the floor mats out of some of these. And we are still getting reports that...

(CROSSTALK)

SANCHEZ: They are putting out a story today that we are talking about on the air...

VELSHI: Yes.

SANCHEZ: ... which talks about floor mats, as opposed to dangerous gas pedals that can kill you.

VELSHI: And that is where, as a business guy, this becomes a concern of mine, that this is a company that is not looking like it's doing the right thing that it generally has done in the past.

BALDWIN: Well, let me chime in, because I think also the issue that we were talking about yesterday, the crux of this issue -- who cares about the problem? We need a solution. We need a fix. We need a fast fix. We need a permanent fix.

(CROSSTALK)

BALDWIN: And so Toyota finally was coming out today saying they are close to redesigning a new pedal. Now, they get these pedals from two different companies. You have Denso and you have CTS Corporation. And it's CTS who says, according to Toyota, they're the ones responsible for these pedals that are in question.

VELSHI: But CTS is not saying that they are responsible for it. They're saying, according to Toyota...

(CROSSTALK)

BALDWIN: They are not, Ali Velshi. They're saying, you know what? We have heard of no fatalities, no injuries pertaining to this particular issue, but, if we can, Roger, throw up the full-screen, this is what we're getting from CTS. And I think it's important to throw this in there. They are saying: "CTS has been actively working with Toyota for a while to develop a new pedal to meet tougher specifications from Toyota. The newly designed pedal is now tested and parts are beginning to ship to some Toyota factories."

VELSHI: See, this is not language that is useful in this kind of a crisis environment. CTS and Toyota have got to get on the page that this is a very serious problem that could have very long-term implications.

(CROSSTALK)

SANCHEZ: You are darn tooting they do. The last thing you want to do in a situation like this is to talk out of both sides of your mouth.

(CROSSTALK)

BALDWIN: Talk car talk. Well, let's talk simple, because we saw the pictures of the cars in Maryland. We sent our photojournalists to one of these dealerships in Maryland. So, if you're sitting there and you're wondering, is this affecting me, how do I like for this, do I have a CTS pedal, let's just boil it down. Take a listen. This is the dealer explaining this to our photojournalist. Listen.

SANCHEZ: All right.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: That whole plaque is to identify the piece, this whole plague right here.

UNIDENTIFIED MALE: OK. (INAUDIBLE)

UNIDENTIFIED MALE: No, it is up above you. Right. There it is.

(CROSSTALK)

UNIDENTIFIED MALE: Yes, that is it. OK.

UNIDENTIFIED MALE: That identifies the accelerator arm as a CTS pedal.

(END VIDEO CLIP)

BALDWIN: So, again, if people want to take a look, deep down, you know, where the pedal is to see maybe if they have a CTS.

But, folks, if you have a question, really, just play it safe. Go to the dealer.

SANCHEZ: Well, what is the ripple effect here?

(CROSSTALK)

VELSHI: So, we're talking about CTS. Cars are not built all in one place. These suppliers supply a lot of other car companies. And in fact we know that Ford has discovered cars, some vehicles in China that may have the same problem. They have pulled those off.

(CROSSTALK)

BALDWIN: Sixteen hundred cars.

VELSHI: Sixteen hundred cars.

So, talked to Alan Mulally about what a company has to do when they start getting into this kind of trouble. Listen to this.

(BEGIN VIDEO CLIP)

VELSHI: We were talking about the Toyota situation with a bunch of my colleagues here and we were worried how serious this could get for Toyota. And one of my colleagues brought up the fact that, well, remember the Ford Firestone situation. And I know that was before your time at Ford. That seemed like a very, very serious, bad situation for Ford, and, yet, Ford today is profitable and successful.

So, what does Toyota need to do to stem the bleeding on this recall situation that it has got?

ALAN MULALLY, CEO, FORD MOTOR COMPANY: Well, I think that they are doing exactly the right thing, and that is absolutely get to the root cause, find out everything you need to know about it, then move decisively to fix the design and move forward. And it is kind of a neat thing about Ford, Ali, too, that every time anybody has a problem, whether it is a competitor or Ford, we have a process where we understand everything about the issue. We look at our designs and manufacturing plants worldwide, make sure we don't have a problem, and if we do, move decisively to fix it.

So, we are going to continue to learn from this, also.

VELSHI: And you actually did find a similar problem with one of your commercial light buses that you sell in China?

MULALLY: Exactly. In our joint venture there, one of the older versions of the Transit, they had changed suppliers, and it looks to us right now that the design looks similar. And they moved over to the same supplier that Toyota had, which is not uncommon, so even though we don't know we have a problem and we have no reported issues, we stopped the production. It affects less than 2,000 vehicles, but the prudent thing to do is to move decisively until you find out whether we have an issue or not.

(END VIDEO CLIP)

SANCHEZ: I am wondering how long they can go with these current trends. In other words, how long can they keep historically what are their bestselling cars off the market and remain viable?

(CROSSTALK)

VELSHI: I think you can do it for a little while when you have an answer. If you can tell people, in two weeks, we will have this thing fixed...

SANCHEZ: And there's no answer right now?

VELSHI: We do not -- we know that in Europe, they have implemented something strange. They said that they have got an ability while they're manufacturing these cars to switch out the supplier and get safe cars to the lot. So, they clearly can figure this out. We're not quite sure why they can do it in Europe, but not here.

(CROSSTALK)

SANCHEZ: But guess what. You can't sit around another month under these conditions.

(CROSSTALK)

VELSHI: There needs to be an answer very soon. And I think Toyota is a big and reliable enough company that if they move swiftly and get the lawyers out of the way for a minute, they can fix this.

You will remember JetBlue a couple of Valentine's Days ago stranded all its passengers. And they went around their lawyers and published an apology in the newspaper, and said, we have done this wrong, we are going to make it right.

BALDWIN: Owning up to it, acting expediently.

SANCHEZ: But here's the problem. The longer it takes -- there is a word that is very important to all of us, very important in relationships and this is very much like a relationship. It is called trust.

VELSHI: Right. And Toyota does have that, generally. It is eroding, but they have got... (CROSSTALK)

SANCHEZ: But how long can they last before people say, you know what, I think I'm going to go with car B or C, instead of A, which is the one I used to always like?

(CROSSTALK)

SANCHEZ: No. Right. We don't have the answer.

VELSHI: And Ford and GM are offering money to people who trade in a Toyota now.

BALDWIN: A thousand bucks. Hey, come our way.

VELSHI: Thousand bucks.

(CROSSTALK)

SANCHEZ: Is that opportunist?

VELSHI: It is opportunist.

(CROSSTALK)

SANCHEZ: It is the American way.

VELSHI: Honda says it's not going to take advantage of its competitor who is suffering and not offer this.

(LAUGHTER)

SANCHEZ: Thanks. Good stuff, Ali.

VELSHI: All right.

SANCHEZ: Appreciate it, Brooke.

We will see you guys in a bit.

Also, this.

(BEGIN VIDEO CLIP)

BARACK OBAMA, PRESIDENT OF THE UNITED STATES: This year, I will work with Congress and our military to finally repeal the law that denies gay Americans the right to serve the country they love because of who they are.

(CHEERING AND APPLAUSE)

(END VIDEO CLIP)

SANCHEZ: What does that policy have to do with our most intriguing person of the day? You are going to be able to find out. Also, was Pope John Paul II using a whip on himself for religious reasons? We are going to explain that one to you in a little bit. Stay with us. And join us if you could and call us when you get a chance. RICK'S LIST scrolls on.

(COMMERCIAL BREAK)

SANCHEZ: All right. Welcome back. Our access becomes your access. And we try and bring you up to date on what is going on having to do with folks who are Twittering us. And we are going to be able to do that right now.

As a matter of fact, there we go. Senator Arlen Specter, he is saying -- we are trying to get as many comments as we possibly can, by the way, on folks who watched the speech last night. We want to share their perspective.

"I agree, Mr. President, it is time to end don't ask, don't tell. Sexual orientation has nothing to do with patriotism." That was tweeted and we were able to share it with you from Senator Arlen Specter.

Then Jim DeMint has this to say: "We are mortgaging our children's future on a failed far-left agenda that is growing government, but killing jobs across America." That is Jim DeMint.

Let's see Senator Chris Dodd is saying after listening to the president yesterday in person. "I only hope that my Republican colleagues use this moment as an opportunity to rethink their strategy of mindless obstructionism."

And, finally, Tom Latham says, "The federal government burns through the amount that would be saved in the first year of the president's spending freeze in about one day."

There you have it, four quick hits on what the president said last night. Glad we could share. Also, this.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Help is on the way.

I need some additional manpower here as soon as possible.

Help is coming there, buddy.

OK, guys. We need to get the car up. All right, get him out. Pull him out. Pull him out.

(END VIDEO CLIP)

SANCHEZ: Wait until you see this video. Where is a hydraulic lift when you need one? Coming up, the rescue of a man whose little car repair project took a dangerous turn.

If President Obama's goal was to capture Middle America, did he do that last night? Candy Crowley and Jessica Yellin are going to be joining me in just a little bit to tell us where people are yelling about last night. That is next.

(COMMERCIAL BREAK)

(BEGIN AUDIO CLIP)

CALLER: Hey, Rick, this is Jackie (ph) calling out of Jackson, Mississippi.

I think the president ought to talk to businesses that have sent jobs overseas, sit down to talk to them about what can we do the attract, give them the attractive reasons to bring jobs back to America. Bye.

(END AUDIO CLIP)

SANCHEZ: Welcome back.

This is RICK'S LIST. I'm Rick Sanchez.

Look who is back at the side of Barack Obama. It is Joe Biden. Where has Biden been? Good question. Today, the day after the State of the Union and the guy who helped to deliver those lunch bucket voters in Ohio and Pennsylvania is now invited down to Florida to introduce the president at a town hall meeting. And you know what? It sounded like one of those campaign speeches we had heard before this guy was elected. Main point, jobs, of course.

(BEGIN VIDEO CLIP)

JOSEPH BIDEN, VICE PRESIDENT OF THE UNITED STATES: Understand that we are determined to make sure that every hardworking Floridian, every hardworking American is able to walk into his child's room and say, honey, it is going to be OK. That is what this is all about.

(CHEERING AND APPLAUSE)

(END VIDEO CLIP)

SANCHEZ: State of the Union one night, Joe Biden the next. Connection?

Jessica Yellin is joining me. So is Candy Crowley.

Well, what is going on here, guys?

Jessica, why don't you start us off? You say what?

JESSICA YELLIN, CNN NATIONAL POLITICAL CORRESPONDENT: Well, Biden has been the administration's ambassador to the working guy. He runs the stimulus program. He runs -- he helps oversee it and sell it. He runs the Middle Class Task Force. So, remember, he is revising his role as Joe Biden from Scranton, the guy who can reach out to the blue-collar worker and make that connection. He has not been invisible. He has been over in Iraq doing some outreach, but this is what he has been best for in the administration in a public role. No surprise that he is reprising it now, Rick.

SANCHEZ: Candy, is he trying to reach -- is this president realizing and did we see some of that in the speech last night and is it exemplified as well by having Joe Biden out there, Mr. Middle America? Is he trying to reach into the middle? Is he trying to find them independents, wherever they are out there?

CANDY CROWLEY, CNN SENIOR POLITICAL CORRESPONDENT: Of course he is, because independents decide elections. And I think we saw that in the last three elections in Virginia, New Jersey and Massachusetts, that people are quite -- independents by their nature -- I prefer to call them persuadables -- can be persuaded to different party election after election.

Those are the people who decide things. So, yes, I think what independents or persuadables most hate is all that people yelling at each other and all that partisan bickering and getting nothing done.

You saw a heavy dose of can't we all just get along from the president last night. Let's have some bipartisanship. We can improve on this. I think the other thing you are seeing -- we also note that the treasury secretary is going out and talking to some businesses -- is some at least tacit recognition from the White House that the president needs some help here selling his programs.

We were told all last year, oh, the president is his best salesman. He's his own -- well, he can't -- clearly, that message has not gotten out, because when you talk to people at the White House, they don't think their policy is at fault here. They don't think people have rejected their policies. They think they have not sold it well.

So, bringing out Joe Biden again, putting out Timothy Geithner -- we will see how that goes. He has not always been the fleetest of foot when he is out talking to people. But he needs more salesmen, more boots on the ground for him. And I think that is part of what is going on here.

SANCHEZ: Jessica, yesterday, about this time, you and I were having a conversation and you were coming to us from Ohio State University. You were right there in the thick of Middle America.

And, then, later on, you were with the folks who were watching the president's speech. Now, you used some gadget in your focus group. You said at one point that you were wired. I think I know what you meant, that the group was wired.

YELLIN: In the most appropriate way.

CROWLEY: You know what she meant.

(LAUGHTER) SANCHEZ: Let me show the viewers exactly what we're talking about. This is a piece of your report where you show us exactly how this gadget worked.

Let's look at it.

(BEGIN VIDEOTAPE)

YELLIN (voice-over): Just watch the lines. Democrats in blue, Republicans in red, independents, yellow. Big winners for President Obama were promises to create jobs...

OBAMA: Jobs must be our number one focus in 2010, and that's why I'm calling for a new jobs bill tonight.

YELLIN: ... and proposals to cut taxes for families trying to get ahead.

(END VIDEOTAPE)

SANCHEZ: Was this kind of like Pavlov's dog? You know exactly what stimulus you need to give the animal to get them to react? And did it work that way?

What did you learn? What should we have learned from this focus group that you were at last night, Jessica?

YELLIN: You know, yes and no, Rick.

On the red meat lines when he want to stay America competitive, everybody went up. So, that sort of stuff was predictable. But there were pieces of that it that were really informative to me. I am addicted. I want to dial-test everything I do now.

(CROSSTALK)

(LAUGHTER)

YELLIN: ... attach probes to everyone to see how they are reacting at all times.

What fascinated me is something that Candy was talking about earlier. Yes, going in, independents said bipartisanship, changing the tone in Washington was one of their top priorities. After jobs was this changing the tone in Washington.

And during the speech, when the president talked about reaching out the importance of connecting and the importance of changing the tone, the independent lines would go up. But once he would vow to do something, something specific, they would trend down. When he talked about I have never been more hopeful about the future and about America, the independents trended down.

SANCHEZ: Down?

YELLIN: Down. And I was talking to the woman who organized these groups and has done these groups for years and years. She said this was the single most cynical group of independents she had ever seen.

And she deduced from this that they don't have a lot of faith in their leaders' willingness to deliver, that the president -- and I interviewed many independents after the dial-test. And they said, look, the president made all these same promises on the campaign trail. He has not made good on them. We will feel different when we see him do something. Talk is not enough. So, they're very cynical.

SANCHEZ: Candy, you have been around this business for a long time. What are the pitfalls a politician like President Barack Obama needs to avoid so he doesn't have people reacting to his message the wrong way?

CROWLEY: Well, it is about actions. Look, a speech, the shelf life of a State of the Union address is pretty short. I would suspect by Monday, most of us won't be able to quote from it and certainly not anyone out there that are casual listeners. It has to be followed up.

What the president did was sort of give a blueprint. And he also sent a very broad message. He reads the polls, too. He understands who he is losing. He understands also, by the way, that his base is fairly angry at him some things.

SANCHEZ: By the way, Candy, just to interrupt you just for a moment, just to let our viewers know what they are seeing, there is the president. He's heading back to Andrews Air Force Base after speaking his engagement there in Tampa. We will look at that as you continue, Candy. I apologize.

(CROSSTALK)

CROWLEY: That's OK.

In the end, the speech isn't going to matter. What is going to matter is whether the administration performs. He cannot go into this November's election with the entire House and a third of the Senate -- those seats are up for grabs. The Democrats cannot go into this election without having delivered some sort of health care reform and without sort of making good on the jobs.

You can't go into an election with a 9.5 or a 10-point unemployment rate. It's not going to work. So, in the end, what can he do to win all these people over? He got some good numbers last night, but none of it is going to matter unless the other numbers, the value of your home, the job rate...

(CROSSTALK)

SANCHEZ: Jobs, jobs, jobs.

CROWLEY: That's what is going to matter.

SANCHEZ: Jessica, down to 10 seconds. Close us out. YELLIN: The one thing I will add is that the independents did say they are giving him a chance. There is a window of opportunity for the president. They said it has been only one year. They want to see him perform, but they don't have a lot of patience.

SANCHEZ: Candy, Jessica, great job. Enjoyed the discussion. Thank you both.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Driver, step out of the vehicle and face away from me! Do it slowly!

(END VIDEO CLIP)

SANCHEZ: Cops are yelling orders at this man they say killed an abortion doctor. He admits that he did it, but he says that this is not murder. He says he was saving lives. Today, he takes the stand to explain. We have been watching it all day long. We are going to file a report on that for you.

Also, who is this person? And why did he give -- or pardon me -- why did he pretend that his significant other was someone other than who it was? It's an interesting question. Think about it. And try and help us figure out who is today's most intriguing person of the day. We will be right back. You are watching the LIST. I'm Rick Sanchez.

(COMMERCIAL BREAK)

SANCHEZ: Welcome back. I'm Rick Sanchez. A lot of stuff to take you through.

First of all, let me bring you up to date you on a developing story right now. This is a cloture vote. You're asking, OK, what is a cloture vote? Essentially, Ben Bernanke is who we are talking about. And you know that his term ends Sunday. The question is, will he remain?

This is a decision that has to be made by these elected officials that you're looking at now. They are taking the vote right now as to whether or not they will continue the debate or end the debate. And when they are done with, this they will have the actual vote. We are going to be watching this for you to see if in fact the confirmation of Ben Bernanke will be all but assured or not.

Most folks who watch this who are gambling folks would say that so far it looks like he is going to keep his position. Nonetheless, the vote is what makes it official. And we will be following it for you.

Also, the president's State of the Union speech last night, we have been monitoring what the reaction has been coming in from these same elected officials. Many of them have been tweeting, some of them tweeting us directly. Let's take a look at a couple of those right now. First of all, let's go to Representative Paul Broun. He tweeted this: "Government- run health care is not reform. It's a takeover. We must lower the costs and let doctors and patients make the decisions, not government." That is his opinion.

Here is Representative Russ Carnahan. He says: "Tonight was a reminder that it is time to set aside our differences and focus on working together to restore the American dream for families," referring to the president's speech -- the president's speech -- pardon me -- last night.

Meanwhile, this. He is a lieutenant in the Army National Guard and an expert on the Arabic language, very useful for the U.S. military.

Time for our "Most Intriguing." While serving in Iraq, he had to lie to fellow soldiers in his platoon and refer to his boyfriend as his girlfriend. That was a lie.

So, when the president restated his commitment last night to repealing the "don't ask, don't tell" law on gays in the military, it struck him personally. One of the most intriguing persons of the day is Lieutenant Dan Choi, recommended for discharge after he came out of the closet last year. He is still on active duty while he awaits a decision from his commanders.

He texted this message to CNN last night. We quote, "The case is still pending, so this might be what saves my career and platoon. If Congress or the president ends "don't ask, don't tell," then I will have a job, again." Army lieutenant Dan Choi, one of today's most intriguing people.

A struggle at an Oakland transit station ends with police shooting and killing a young man. That was a year ago. Today, there is a settlement, but the case is far from over. We are going to take you through it.

Also, a dump truck picks up a new load, the bridge it slams into. Oh, what happened to the people walking on top of the bridge and those under as well? Details next.

I should remind you as well that you can join us for the national conversation whenever you visit Atlanta. Just dial this number, 1- 877-4CNN-tour, and you can join us in studio. 

(COMMERCIAL BREAK)

SANCHEZ: Welcome back.

I put up my Christmas lights last year and when I got to the top of the ladder, I asked myself, what am I doing here? What if something went wrong? The next day I hired professionals. Let's do "Fotos."

(BEGIN VIDEO CLIP) UNIDENTIFIED MALE: I'm stuck under my car.

UNIDENTIFIED MALE: Help is on the way. I need additional manpower here as soon as possible. Help is coming there, buddy. OK, guys we need to get the car up. OK. Pull him out, pull him out.

(END VIDEO CLIP)

SANCHEZ: Taos, New Mexico. One minute the guy is tightening some bolts under his Camaro and the next minute the Camaro is awfully tight against the rib cage. And one, two, three police officers tried to help, but it took five men to lift the muscle car high enough for the guy to squirm out.

He suffer a scrape on his back, but still next time, you may want to do what I did, hire some pros.

Istanbul, Turkey, now, dump truck versus bridge. Watch this -- the bridge loses. The raised truck wiped out the pedestrian parkway. Oh, my god, look at that, three people on the bridge were blindsided and knocked off of the bridge. Believe it or not, two of them walked away unharmed.

Nobody saw it coming, certainly not the driver. He is trying to convince his bosses not to dump him now. Sorry about that. He says that the back of the truck went up all by itself.

Baton Rouge, Louisiana, two teenage girls slugging it out, a disturbing site made even more upsetting when you hear that adults are nearby apparently egging them on.

The video went viral getting police attention. Now two adults are under arrest convicted of cruelty to a juvenile. If convicted they could face 10 years in prison. Now, there is a place that knows a thing or two about fighting.

Remember the protests, the anger in Oakland when BART police shot and killed a man at a station? That case is one step closer to resolution. We will break down the settlement agreement for you and tell you what's next for the officer who actually pulled the trigger.

And then a former NBA player and TV personality with some outrageous comments that has gotten him canned. What did he say about Haitians? How could he have possibly said that given what is going on in the country right now? Stay there, we'll be back. (COMMERCIAL BREAK)

SANCHEZ: Welcome back. I'm Rick Sanchez.

There has been a financial settlement in the police shooting death of a young man at a subway stop in Oakland, California. I'm sure you will remember this video. This was a huge story when it happened. I warn you, it is graphic and disturbing.

The date was January 1st, 2009. Transit cops in Oakland, California, were in a struggle with a young man in a station. A passenger on one of the trains recorded it with his cell phone.

You can see that the police have the man on the ground. Then, without warning, one of the officers pulls his gun and shoots the young man in the back. The victim, 22-year-old Oscar Grant, did not survive.

Late yesterday BART, which stands for Bay Area Rapid Transit, agreed to pay $1.5 million to settle the wrongful death lawsuit. The money will provide financial support to Grant's five year old daughter.

Initially the lawsuit had asked for $50 million. This case is far from over. The ex-officer, 27-year-old Johannes Mansurl is awaiting trial for murder in this shooting. According to court papers filed by his attorney, Mansurl may have intended to pull the taser instead of his the gun. In other words, he didn't mean to shoot the guy, he meant to taser him.

In the years since this happened, BART says it has stepped up training for all of its police officers.

Wow, you are looking here at a police officer who also commits what is being called a mistake. He is caught on camera swinging on this teenager repeatedly. We will tell you what that officer claims provoked him. That's ahead.

Also, are you looking at that video right there? You see Justice Alito. He seems to cringe and then mouth some choice words after the president slams a Supreme Court decision. You see that right there? Are Supreme Court justices not supposed to do what he did? We not sure, but Jeffrey Toobin is the guy we're going to ask. He's the expert and he's coming up next.

(COMMERCIAL BREAK)

SANCHEZ: Welcome back. I'm Rick Sanchez.

I want to take you through something that is now extremely interesting. Everyone is talking about Samuel Alito because of his reaction last night during the president's speech, one that was not something that you see every day from a Supreme Court justice.

It was a clear display, in fact, of displeasure with the president of the United States. I want you to watch this here with me. All right, let's do it. Rog, here it is.

(BEGIN VIDEO CLIP)

BARACK OBAMA, (D) PRESIDENT OF THE UNITED STATES OF AMERICA: Last week the Supreme Court reversed a century of law that I believe will open the floodgates for special interests, including foreign corporations, to spend without limit in our elections.

(APPLAUSE)

(END VIDEO CLIP) SANCHEZ: All right, that was the long view, and a lot of people are wondering what Alito actually said. What it appears he was saying was something to the effect of, "it is not true."

We did something for you. We want you to be able to see him up close and be able to see his mouth move when he utters the words. So let's do another take on this and get in a little tighter this time. Let's do it.

(BEGIN VIDEO CLIP)

OBAMA: ... for special interests, including foreign corporations to spend without limit in our elections -- including foreign corporations to spend without limit in our elections -- including foreign corporations to spend without limit.

(END VIDEO CLIP)

SANCHEZ: Close enough for you? First you had the president calling out the Supreme Court, right, and doing it right to their faces, by the way, which is in and of itself kind of unusual. And then you have Alito's reaction, which is even more unusual.

And here is something else, let's watch the Democrats now, because they are standing right behind Alito. They're led by Senator Chuck Schumer in the row right behind Alito. You will see him right away. We have this video for you to look at. I will ask the question, could this be construed as them somehow taunting him? Watch.

(BEGIN VIDEO CLIP)

OBAMA: ... corporations to spend without limits in our elections.

(END VIDEO CLIP)

SANCHEZ: That is about as invisible as we can be. We have shown you every possible angle and every possible solution or every possible explanation. Now let's go to the expert, Jeff Toobin joins us now. Have you seen anything like this before?

JEFFREY TOOBIN, CNN SENIOR LEGAL ANALYST: I loved it. Are you kidding? I thought it was great. Look, I thought this was a terrific civics lesson on what the Supreme Court is and the Senate is and what the president's role is.

I thought what the president said was entirely appropriate. The Supreme Court is fair game. I also thought what Justice Alito did was totally appropriate. If the president is going to get in his face, why shouldn't Alito respond with that very modest, apparently saying "it's not true."

I think that this just shows how much the Supreme Court is in the middle of our politics, and it was a perfect illustration of that. SANCHEZ: And how about those people out there who are saying, wait a minute, the Supreme Court justice are not allowed to render any opinion on this. While we were watching the state of the union last night, we noticed they were ones who never applauded for anything not to appear as if they were taking sides.

TOOBIN: I think that you have to remember something about Supreme Court justices, they are human beings. And they have feelings about these issues, passionate, intense feelings.

And there is also a bit of history between Obama -- Obama and Alito, that is worth remembering here, because Obama was a senator when Alito came up for confirmation, and Alito -- Obama voted against Alito.

SANCHEZ: I didn't know that.

TOOBIN: January 14th, the week before Obama was inaugurated, he paid a courtesy call on the Supreme Court with Vice President-Elect Biden and eight of the nine justices showed up, and who was not there? Samuel Alito. So, I mean ...

SANCHEZ: So, maybe these guys don't like each other.

TOOBIN: Well, it is possible.

SANCHEZ: Hey, why not.

TOOBIN: I don't know if they don't other, but they are political opponents. That's what they are, and I don't think it is any reason to pretend otherwise.

SANCHEZ: Let me do what I hate -- let me try and not do what I hate when I watch sports channels like ESPN and the show a coach getting thrown out for arguing for the umpire, but they never show me to actually let me know if it was a bad call by the umpire and the coach was right to argue.

Let's talk about what seemed to incense or upset Alito. The president suggested that this ruling, and this something you and I talked about three or four days ago, that this ruling empowers foreign corporation. And that seems to be what Alito then responds to, and we hear him say it's not true.

Is Alito right to be mad? Is the president wrong to tell the American people that this ruling that they made empowers foreign corporations?

TOOBIN: Well, let me unfortunately give you a bit of a lawyer's answer to that question. What the ruling says is that corporations have the right to give money in political campaigns, right up until Election Day.

SANCHEZ: Yes.

TOOBIN: In part of the opinion, it says, and Justice Kennedy actually wrote the opinion, it says "We express no opinion about whether Congress could pass rules regarding foreign corporations." So they explicitly don't say one way or another.

Now, it could be interpreted, and President Obama interpreted it this way, that it was a green light to foreign corporations, but it didn't explicitly say that.

So I think that both sides have a legitimate argument, but, I mean, Obama could say, well, that is the implication, and Alito could say, well, we didn't say that explicitly, but as so often in the law, it is a little bit of a gray area.

SANCHEZ: We will leave it there. Thanks so much. Jeff, I always enjoy my conversations with you.

TOOBIN: All right.

SANCHEZ: I understand we have breaking news or some information that we need to impart right away. This information just in coming from Barbara Starr. Let's just go right to Barbara at the Pentagon. Barbara, what do you know, Barbara, that we don't?

BARBARA STARR, CNN PENTAGON CORRESPONDENT: Well, Rick, you remember last night the president said he wanted to work to repeal the "don't ask, don't tell" law that would now allow -- if it is repealed allow people who are gay and lesbian to serve openly in the U.S. military.

What we are learning now, Rick, is that early next week, Defense Secretary Robert Gates will have a major or announcement on the implementation on the president's promise. This will happen on Tuesday, we are told.

The Senate Armed Services Committee would have one of those long, tedious hearings about the defense budget, all of that now going out the window. The Senate Armed Services Committee, controlled by the Democrats, of course, will spend one hour on Tuesday talking to Secretary Gates and Admiral Mike Mullen, chairman of the joint chiefs, about how to change the 18-year-old law that restricts people who are gay from openly serving in the U.S. military.

SANCHEZ: And this has been a thorn in the side for so many Americans.

STARR: It could not be more controversial, Rick. I have to tell you, the man to watch in all of this that won't be there, General James Conway, the commandant of the Marine Corps. He has made some public statements as recently as November that he's not so sure the law should be changed because the troops are heavily involved in the war right now.

He said, quote, "Our focus should not be drawn away from those priorities, the war." He's not going to be at the hearing but a lot of people in Congress are going to be very anxious to see when the chiefs, heads of the services have to say about this. SANCHEZ: Let's hear what the president said last night real quick before we leave this theme. Just so we go back to exactly what -- center in on what we're talking about. Here's the president last night.

(BEGIN VIDEO CLIP)

OBAMA: This year, I will work with Congress and our military to finally repeal the law that denies gay Americans the right to serve the country they love because of who they are.

(APPLAUSE)

(END VIDEO CLIP)

SANCHEZ: And that has gotten a lot of reaction. Tell us once again what will be the timing of this, when do you expect this will be heard?

STARR: Rick, keep your eyes peeled. Tuesday morning, the Senate Armed Services Committee on Capitol Hill will talk openly to Gates and Chairman Mullen, the head of the Joint Chiefs of Staff. Gates will have, we are told, a major announcement about how to implement what you saw the president just say last night.

SANCHEZ: Excellent work, Barbara Starr, as usual, from the Pentagon. We thank you so much for the information.

Microsoft is all about Windows, but today we are putting a Microsoft bridge under the microscope. Why is some stimulus money being used to make life easier for its workers?

We are hearing that Pope John Paul II actually from time to time would beat himself with a belt and would sleep on the floor. Why was he doing that? What was the religious purpose? We are going to tell you. Interesting stuff. We will be right back.

(COMMERCIAL BREAK)

SANCHEZ: Big news on a story we just broke moments ago here from the Pentagon through Barbara Starr. It will be a decision about "don't ask, don't tell," possibly a reversal, possibly a change or some type of reform. We are following this story and we will have more on it as we get it.

Meanwhile, next Tuesday is when some kind of decision or -- decision or a meeting will be announced. Again, a meeting having to do with the policy of "don't ask, don't tell" in the U.S. military, which has been very, as you know, controversial. Again, we are all over it.

Also, this that will follow.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Driver, step out of the vehicle and face away from me!

(END VIDEO CLIP)

SANCHEZ: All right. That guy in the dash cam video about to get out of the car, he has admitted he killed an abortion doctor, but he says that it was not murder. And he took the stand today to explain. That's at the top of the hour.

And then a TV host jokes about waterboarding on elected official. Who could that be? Stay with us. We will be right back.

(COMMERCIAL BREAK)

SANCHEZ: Welcome back. I'm Rick Sanchez. Time for "The List That You Don't Want To Be On".

Third place goes to Pat Quinn, governor of state of Illinois. He ran for the Senate in 1996. He lost, but never closed his campaign bank account.

Now, politicians can leave accounts open for bookkeeping purposes, but 14 years? And the account is still earning interest. According to "The Chicago Tribune," the governor occasionally puts money in the account and asks for donations to pay himself back and has made at least $24,000 in interest.

We called the governor for a comment. Here is what he said through his spokesperson -- "If Pat Quinn had the psychic ability to know in 1996 that in 2010 he would be governor, if he could have seen into the future with that much accuracy, he would have put his money in the stock market." Huh? Not sure exactly what that means.

But what he did say and did do is being called unethical and he has now agreed, by the way, to close the account after being criticized.

Spot number two, this guy, Bill O'Reilly, for making what many are calling a highly partisan and just crude comment about House Speaker Nancy Pelosi. On a tour with Glenn Beck, who once suggested poisoning Pelosi, O'Reilly did one better, fantasizing about what he would do if President Obama hired him as an adviser.

He says, quote, "I'd get Leon Panetta in and I'd say, Leon, look, you got to kidnap Pelosi and Reid. Don't hurt them, OK, but take them to an undisclosed location. No waterboarding? Well, maybe with Nancy."