can't refuse ♪ darling, good-bye. >> checking top story's. live picture from capitol hill. third day of confirmation hearings under way for court nominee, elena kagan. republicans have criticized her nomination because she's never been a judge. decemb despite having no experience as a judge she would rule with impartiality and equality. a house panel wants to know about the response to the mismanagement at arlington national cemetery. at least 211 graves there were incorrectly marked. there's also an outdated cataloging system to locate the resting places of our fallen. u.s. attorney general eric holder in afghanistan. he's been meeting with afghan officials on ways to improve the