attempt to justify mr. rodriguez's continuing refusal to testify under oath. a number of sportswriters are suggesting a-rod and lawyers are appealing to the court of public opinion and hoping for better luck with a federal judge because a-rod is suing baseball and commissioner accusing them of a witch hundred. this hearing continues today with a-rod's lawyers but not with a-rod. jon: swing and a miss. >> reporter: perhaps. jon: rick leventhal. thank you. >> we'll have more on that with our legal panel later on. jon: we sure will. coming up the legal panel takes up the case and whether he hurt or helped his chances of getting that 211-game ban overturned. hmmm. >> well an erupting volcano changes earth as we know it. what it's leaving behind sea. a congressman take as leave of absence after pleading guilty to drug charges. we'll have the latest on trey radal.