the body found in a landfill. 66-year-old john wheeler not only worked under three republican presidents, he was a driving force behind the vietnam veterans memorial. actress lindsay lohan, the famous train wreck, facing legal troubles yet again. police in california say she violated probation tusling with a staff member at the betty ford clinic. countdown on capitol hill. that's where we begin because tomorrow republicans take control of the house and launch their mission to repeal health care. they're planning a rousing debate. heated rhetoric and critical vote by next week. the repeal has just about zero chance of succeeding. congressional correspondent brianna keilar following the movers, shall we say. a lost cause for republicans then why waste so much time and effort, bring an yeah? >> reporter: they promised to do this and they say they'll make good on the campaign promise to have a vote to repeal health care. so here's what we're going to see. friday, a procedural vote to lay the groundwork for wednesday, we're expecting a vote on the full repeal of health care reform and even though there are votes in the house, there are not votes in the senate, kyra. we talked about this. democrats still hold the majority and certainly never getting past president obama's veto pen. >> like we all know, there's a plan "b," right? >> reporter: there is. house republicans talking about this for sometime. i think of it as death by a thousand cuts. they look at this piecemeal and a couple of ways to do this. of course, congress controls the power of the purse and attempt to defund parts of health care reform through the appropriations process. the other tool, congressional investigations. both of these tactics, kyra, to delay the implementation and maybe getting rid of parts of health care reform. >> it could backfire and help democrats, right? >> reporter: democrats are hoping and, you know, this is interesting because we saw them run away from health care reform in the midterm elections. they didn't want to talk about it but what they're talking about right now is, hey, there are some popular thing that is are going to go into effect this year and the democrats feel it was so unpopular with a kind of boogie man effect, this fear of what could be and they feel like maybe in the debate they have tangible things to like and point to and win over people, win back people on health care reform. >> talking a lot. brianna, thanks so much. >> reporter: we will. >> the health reforms not only face a challenge on capitol hill, they face the skepticism of the american public. according to a latest cnn/opinion research poll, the law is unpopular. 54% of those polled oppose it, 43% in favor of it. worth noting that many of those that oppose the reforms say it's because it doesn't go far enough. take a closer look at the benefits that went into effect just yesterday and among those who stand to gain, the young and the old. chief medical correspondent dr. sanjay gupta here to break it down. i guess that covers everybody. do you want to start with seniors and talk about how much the gap will impact -- >> right. one of the big costs of seniors on a lot of medications is cost of drugs and one of the terms that gets bantied around is a doughnut hole. basically, it means that get through the first part of the dou doughnet and help from the government, 25% of the cost of prescription drugs. middle of the doughnut, no help until you get to the other side. once you spend $2,800 no help until $4,500 and help again. it's the hole in the middle that people focus on trying to shrink it, the impact less significant for seniors and saying now if you're spending money on drugs, once you get to did doughnut hole, the prescription drugs are 50% of what they cost instead of 100%. you get help especially on medications and ultimately want to get rid of it altogether and have a cost to pay each time you get drugs, 25% or a fraction but there's not the thresholds that have been set up that have prevented people from continuing to buy medications as they need more and more of them. >> the other part is the whole not being denied the coverage because of a preexisting condition. >> here's what i find so fascinating about this. for children, been in effect for sometime. for adults, the idea of insurance companies cannot discrimination based on preexisting conditions goes into place 2014. notice meanti in the meantime, there's an insurance plan. about 5 million to 7 million people with a preexisting condition had a hard time getting insurance as a result of that eligible for the plan. how many people signed up so far? 8,000 out of 5 million. it's surprising people haven't rushed to this. one reason is you have to qualify by having gone six months without insurance. a lot of people can't do that if they have a significant illness. and it could just be it's complicated still. people don't know to sign up exactly. 8,000 people only out of 5 million to 7 million that qualify for this sort of insurance. >> from the journalist in you for a second, throwing you maybe for a loop here. you know, you are also a doctor. i mean, you wear two hats. okay? so you're still doing brain surgery. >> right, right. >> as this is all kind of coming down to the wire here, is there something that's on your mind that you keep thinking about as a doctor? >> well, i think one of the biggest issues that's coming, is this plan going to -- 30 million people potentially benefit from this and people who have insurance and i think most people in agreement on this. what could potentially derail the plan without an obvious plan "b" right now is an idea of can you force people to buy health care insurance? is there a way the mandate, tossed around, heard about it in virginia lost month and ruled as unconstituti unconstitutional? it could have a significant ripple effect for the affordable care act. >> that's what you are talking about outside the roerpting room? >> will the plan go through or not? certain things it hinges on. >> thanks, sanjay. >> thank you. >> all right. later this morning, nancy pelosi will hold her last news conference as speaker of the house and she is joined by other democratic leaders to discuss their legislative goals in the upcoming session. that beginning tomorrow. republicans will officially take control of the house and we loi sy regulated to minority leader. president obama is back in washington today. his focus will be on the safety of your food. he's expected to sign into law the most sweeping overhaul of america's food safety in more than 70 years. it will give the government more power when it comes to issuing and enforcing food recalls. let's take a look at the snow covered neighborhoods. can you believe this one in las vegas? our ireporter keith lehman took the photos of the rare snow fall in the desert city. vegas receives about an inch of snow per year and then more snow and snow men in southern california. this is santa clarita valley. they have four inches of know on the ground. it is not all fun, though. hundreds of travelers are stranded by snow and ice on interstate 5 between northern and southern california. how does today shape up? rob marciano, a busy guy from the end of the year to 2011. >> last week was crazy, that's for sure. started off in the southwest and crazy form but things are calming down. at least for a couple of days. relative to what we have been seeing. here's a live shot. sun went behind the building in downtown atlanta. mid-50s today. relatively quiet. folks across the eastern third of the country enjoying fairly tranquil weather and seasonably chilly. also seeing 62, denver, 39 degrees. little system in the great lakes. talking more about that in a second. the storm that went into southern california and created the snow in the hills of l.a. and in through the desert and in through las vegas, that has pretty run out of steam headed into the san juan mountains of colorado. sunny skies and a little bit more dry conditions for parts of los angeles. here's that system moving across the great lakes. enhancing some of the precipitation. dry, quick-moving system. just some more -- additional showers, snow variety. adding up in spots across parts of upstate new york and pretty much like yesterday and not quite as intense. this system down across corpus christi, upper texas coastline, this will gather some strength and drop rain, light rain to start across parts of texas, louisiana and making the bay up into parts of the southeast and although most of it will stay south of the southeast. there it is tomorrow. tomorrow's weather map is more active, more interesting. as we get towards the end of the week, the northeast may see a storm system to dump more snow although we don't think a blizzard this time and the northwest seeing one of the winter fronts coming through and ending with this. for our friends at twitter. this is from netherlands. that, my friends, is a partial -- >> doesn't look real. >> solar eclipse. a partial one last night or i guess early morning for the folks in europe and the middle east. cloud covered in a lot of spots a. sliver of the sun covered up by the moon. we had a lunar eclipse and more common than this. eclipse of the moon is something to see. >> beautiful pictures. be serious a. serious answer here. given $330 million. what's the first thing you would do? >> well, i certainly would give a couple of bucks to everybody in this studio. >> he's -- >> i have no idea. i can't even put my head around that. i haven't bought a ticket yet. if i were to win. is that what it's up to now? >> $330 million. so really, you don't know the first thing to do is? >> no. i have no idea. i wouldn't one of the guys to quit the job. a long vacation. >> he lays it out. >> certainly focus on some good charities to give it to. i can't put my head around that kind of money. >> mind boggling. >> allan chernoff trying to figure out how much that is going to be. there we go. there's the winning ticket right there! robert's got the winning ticket. allan's joining us from a store in new york where the tickets are selling like crazy. right, allan? >> reporter: that's right. actually, kyra, they're selling at the rate of better than half a million per hour. here in new york state alone, then consider the tickets are being sold in 41 states. plus the district of columbia. so, hmm. the odds may be a little tough. how about 1 in 176 million? to win that jackpot. but i think i've got the winner here. we have somebody here at the port authority of new york bus terminal, jamie, she's just bought some tickets and she thinks she's got the winner for a special reason. why? >> yes. 3/30 is my son's birthday $330 million the jackpot. >> yes, yep. >> reporter: how are you and your son and husband going to spend that money? >> travel, travel, travel. lots of travel. >> reporter: lots of travel? >> yes. >> reporter: my wife and i were discussing it last night. her plan is to have a maid for every room in the house and then create a foundation for world peace. >> do you have a lot of room unless your house? >> reporter: not that many but, you know. we'll have a little extra left over. >> that's funding a lot of rooms. >> reporter: kyra, i'm sure you have a few ideas, as well. >> many ideas. have you crunched the numbers yet? the whole payout versus payments? >> reporter: yes. the way it works out is that, actually, they assume you're going to take it over 26 years. $330 million. if you take it right away, well, it's only $208 million. and of course, that's before taxes. so uncle sam's going to get a piece of the action. whatever state you live in, they take a little. still not a bad payday, huh? >> not bad at all. like rob said, can't imagine that amount of money. allan, thanks. we'll check tracking the numbers. what is happening in the skies over arkansas? we have thousands of dead or dying birds. not a whole lot of answers. and now, it's raining dead birds in another state. well, hotels know they can't fill every room every day. like this one. and this one. and oops, my bad. so, they give expedia ginormous discounts with these: unpublished rates. which means i get an even more rockin' hotel, for less. my brain didn't even break a sweat. where you book matters. expedia. to finish what you started today. for the aches and sleeplessness in between, there's motrin pm. no other medicine, not even advil pm, is more effective for pain and sleeplessness. motrin pm. is more effective for pain and sleeplessness. my joints ache so bad, i wake up in pain every day. i want to know why. i want to know why my hair is falling out. how did this happen? how did this happen? a little pain in my knee. that's how it started. that's how it started, this rash on my face. now it's like my body is attacking me. i want answers. announcer: when you don't have the right answers, it may be time to ask your doctor the right question. could i have lupus? minivan does some major damage in a smash and grab robbery caught on tape. vancouver, washington. tops the look at cross country this morning. police reviewing the surveillance tape of a local bowling alley hit by a pair of robbers this used a minivan to heist an automatted teller machine in the lobby. the damage is more than the atm taken. firefighters in new jersey got an early start of the work day about 1:30 this morning. condominium complex under construction went up in flames. no injuries reported. commuter traffic in southern california improved immensely since yesterday. the rain and snow helped close sbe interstate 5. we can't stop talking about the great dead bird caper of 2011. the mystery thickens. several hundred dead red-winged black birds, sparrows and others turned up in louisiana near bah con rouge. it is not clear what killed them just yet. no one will say that the bird kill is related or lipged to one just 360 miles north of beebe, arkansas. but the similarities are right there. same 5,000 of the birds fell out of the sky over the weekend in beebe. early shorts say that massive trauma not disease but people in the town aren't buying some of the theories. here's cnn's ed lavandera. >> reporter: kelly still can't imagine what caused this bird to fall out of the sky and nosedive into his backyard. >> we haven't touched them. that's the exact way he's been since the 1st. >> reporter: you can see what looks like maybe a blood stain on a brown leave. arkansas life stock officials say some showed signs of massive draw ma but no evidence of being poisoned. some officials suggest new year's fireworks or lightning from a storm. residents here aren't buying those theories. >> fireworks? i can't imagine fireworks would strike, you know, 4,000, 5,000 birds and drop them in a one or two-square mile area. >> reporter: arkansas has developed a love/hate relationship with the black birds. ask charles moore next to a wooded area where tens of thousands of the birds live. >> to go out and do a simple thing to get a paper takes an umbrella with us. the sky is black with them. then there's going to be a lot of drolings. >> reporter: you have a target on the head? >> exactly. >> reporter: we walked through the wooded area behind moore's home. dead birds are still everywhere. and moore says the ones still alive are acting strange. some even struggling to fly. >> i think i see one over here. >> is he alive? >> reporter: a bird that probably should have flown away. >> yes. that bird is sick, as well. >> reporter: see it? tried to get a better vantage point of where they flock to and came face to face with one of the dying black birds. i feel terrible. driving and see the bird kind of flop up on to the hood of the car here and fluttering up and over the back and now sitting over there on the side of the road. it couldn't get off the road. pull him off over here. as i stood there, the little black bird died in my hands. terrible. ed lavandera, cnn, beebe, arkansas. brett favre, he'll make it into the nfl hall of fame but probably not to the text messaging hall of fame. plaintiff using texts allegedly sent in a new lawsuit. brett favre. he knew how to throw a football. his cell phone skills, well, they might need a little work. a couple of massage therapists now suing favre and his former team the york jets. they claim favre sexually harassed and saved the text messages to prove the point and made for a lively discussion on cnn's "american morning" among steven a. smith and defense attorney paul callen and the two anchors. >> all right. take a look at the messages. you and want to get snogt i'm all alone. i guess i have bad intentions. what do you make of this? >> a complete waste of time. it's absolutely ridiculous. >> what do you really think? >> people lost their jobs over this. >> we don't want to make light of sexual harassment but important to notice and recognize that they're the accusers. brett favre, this happened in 2008. well, what on earth took you so long? it's 2011. now is when you come forward with this? there's a 2008 season, a 2009 season, 2010 season. you are talking about waiting until what happened the fallout of the jennsterger allegation? get into the particulars here. he sends a text message. let's assume they're truthful in what they're saying he sent them. he's a married man and has questions with mrs. favre. no denying that but the reality is that if he indeed sent them and you didn't accept his advances, and you don't have more ample evidence that shows that he sent you additional text msz ands, then the reality is that he made a pass at you, you turned him down. what is your husband calling up demanding an apology? i don't know about your world but if you got a gorgeous woman, usually men make passes at them. how dare you make a pass at my woman? it's ridiculous. >> hearing common sense opposed to the law probably actually says with respect to this stuff so normally -- >> when they complained, they lost their job. the timing may be suspect but saying that the career suffered because of it. >> there's a statute saying even if you're an independent contractor, if you lose your job as a result of sexual harassment, you can raise a lawsuit. the accusers, i was raiding the complaint this morning. do you know what they did? >> they tached pictures of scandily clad women from the jets calendar to the complaint filed in court. this is one of the most selashsly sexually explicit complaints filed in a case. for one reason to attract press coverage. >> just recently the nfl fined favre for not cooperating with another investigation. that one centered around nasty text messages allegedly sent to a game day hostess for the jets. michael jackson's doctor heads to court today facing charges and just wait until you hear one possible defense. the rate board seems to be acting funny. watch. [dramatic soundtrack plays] wasn't me. you think i could do something... that awesome? enter the "tron: legacy" get on the grid sweepstakes, at disney.com/getonthegrid. this film is rated pg. wall street rang in the new year with a celebration. stocks rallying yesterday, the first trading day of the year. the dow even hit a new two-year high. alison kosik following today's numbers from new york stock exchange. it is what you predicted, it was some good news. >> yeah. and i think, you know what, kyra? seeing an encore performance of yesterday's rally beginning with a bang thanks to couple of economic reports. one on manufacturing, another on construction spending. analysts say they expect the positive news to keep on coming this week. now, the focus today is going to be on a few other economic reports, one on factory orders, and throughout the day we are going to get major automakers with the sales reports for december and the full year of 2010. we're also going to get the latest minutes from the fed, they had a meeting back in december. late they are week, we get the grand daddy of all economic reports, that's the jobs report on friday. now, analysts say the first couple of weeks of january could wind upsetting the tone for the rest of the year f. that's any indication, we are looking at things a little sunnier for the year, shall we say. also keeping our eye on bp shares here at home. they were up in about 5% in london. and investors are bullish on this stock because it looks like that the payouts for the oil spill that bp will have to make may be lower than expected. bp wound upsetting up $20 billion fund, you remember, to pay victims of the oil spill and for the cleanup. but ken feinberg, he oversees the fund, he told bloomberg that actually may be a lot less for bp to spend, maybe $10 billion, that that may be enough. so the stock is on the move because of that reason. also, on the move because of some reports that say shell may have considered a takeover bid during this bp oil spill. it wound up rejecting that offer but that rumor is still out there. also, that exxonmobil could be in for that takeover, as well. as for stocks, let's see how we're this morning. dow up 18 points. the nasdaq higher by 6. we'll see if we can continue this rally today. kyra, back to you. >> thanks. right now, 9:30 on the east coast. just about 6:30 in the west. lindsay lohan's 90 days of court-ordered rehab are up and free to leave the betty ford clinic but she's not out of the legal weeds just yet. apparently she violated the probation in a fight with a former rehab worker. you know, the 5,000 birds that rained from the arkansas sky in the last minutes of 2010? well, they hit something very hard according to an early hort. it says they probably died of massive trauma, not disease. not infection. but blackbirds don't usually fly at night and the odd behavior has experts stumped. a wave of republican lawmakers hit capitol hill tomorrow and the number one issue on their agenda -- repealing health care reform. the house might hold a vote on it next week but it could prove to be largely symbolic. democrats will still control the senate. leaders say they'll block any real attempt. got breaking news for you out of los angeles, california. pictures coming to us from affiliate ktla. right now, l.a.p.d. and the s.w.a.t. team on the scene as a woman in her 20s was fatally shot and the man who allegedly did it is still barricaded in the apartment building right here in los angeles. it's on hollywood boulevard if you're familiar with that area. not far from the -- well, that's where the hollywood walk of fame is and this is a stretch of hollywood boulevard, actually. apparently the shooting happened about 3:00 a.m. inside this multi-story apartment building that you are looking -- looks like the 6500 block of hollywood boulevard. and then the s.w.a.t. team arrived after the gunman refused to come out of the building where that woman was found shot to death in the hallway of the apartment building. so right now, he's barricaded himself in the apartment. the s.w.a.t. team is trying to negotiate him out of there. we're following it for you out of los angeles, california. mackal jackson's personal fire extinguisher heads to court today. the king of pop died as you may remember of a drug overdose in 2009. he had too much of the powerful sleep drug propofol. but now a potential bombshell. the prosecution tells us the defense may argue that the king of pop actually killed himself. casey wian is live in los angeles. casey, what are you learning? >> reporter: well, this morning, kyra, later this morning, prosecutors are going to try to persuade a judge that they have enough evidence to put dr. conrad murray, michael jackson's former personal physician, on trial for manslaughter. >> my brother, the legendary king of pop, michael jackson, passed away on thursday, june 25th, 2009, at 2:26 p.m. >> reporter: more than a year and a half later, the cause of jackson's death is clear. acute intoxication of propofol, a powerful surgical sedative but who caused the death remains the subject of a los angeles criminal court case to lou discussing on conrad murray, murray was treating jackson with the drug and several others to help jackson sleep as he prepared for a grueling series of performances. >> hold for applause. >> reporter: hours after jackson died, investigators had murray's car towed from the estate where the singer drew the last breath. they searched the offices in las vegas and houston and his home. an autopsy report concluded that proper procedures were not followed in administering propofol to the 50-year-old s k singer. >> today, the attorney general filed one felony count of involuntary manslaughter against dr. conrad murray in connection with last summer's death of michael jackson. >> the doctor did not cause the death of michael jackson. the fact that the circumstances may be unusual, may be demonstrated to be unusual, does not make it egregious. >> reporter: a judge released murray on bail and ordered him to discontinue administering heavy sedatives. >> i don't want you sedating people. >> reporter: he was allowed to continue seeing patients. >> there's no way that dr. murray would pump michael jackson full of propofol sufficient for major surgery and walk out that room. it's not going to happen. >> reporter: if ordered to stand trial and convicted, many you are ri faces a maximum four-year prison sentence. dr. conrad murray pled not guilty. his defense attorneys have indicated that they're going to focus on a mysterious syringe found near jackson. they're trying to determine if someone else, perms even jackson himself, injected that fatal dose of propofol. kyra? >> all right. we'll follow it. thanks. the ntsb issuing urgent safety calls in the aftermath of the big gas pipeline explosion. you remember the scene of the blast four months ago in san bruno, california. eight people died. dozens of homes destroyed. the ntsb is concerned of recordkeeping of utility companies and wants emergency reviews to ensure all pipelines are operated at safe pressure levels. and a former pentagon official who helped build the vietnam wall was found dead at a delaware dump. we're going to get the latest as police ask the public for help trying to retrace what happened to john wheeler. we know it's intimidating. instant torque. top speed of 100 miles an hour. that's one serious machine. but you can do this. any socket can. the volt only needs about a buck fifty worth of charge a day. and for longer trips, it can use gas. so get psyched. this is a big step up from the leafblower. the 2011 chevrolet volt. it's more car than electric. style that lasts a lifetime. what do you say we get the look we want, the softness we need, and an unbeatable lifetime stain warranty for whatever life throws at it. then let's save big on the installation. ♪ we're lowering the cost of going barefoot. more saving. more doing. that's the power of the home depot. get exclusive martha stewart living and platinum plus installed in your whole house for only 37 bucks. well, washington is reeling this morning with news of an unlikely murder victim, a well-known veterans advocate. this was john wheeler, 66 years old. former pentagon official who served three republican presidents. but the west point grad was best known as a driving force behind the construction of the vietnam memorial wall. now, delaware police are asking for the public's help as they try to figure out what happened in the days leading up to new year's eve. wheeler's body was found jutting out of a trash truck at a wilmington landfill. he lived with his wife a few miles from that landfill in new castle where he was working around the clock. firefighters from the sunshine coast have arrived to lend a hose and hand. >> it is tough work rr. >> how bad is it going to be for australia. >> the rains that they are going to receive over the next few days shouldn't be as heavy as what they have received. the damage is pretty much done. that river expected to crest tonight or in the morning and for all intents and purposes could be the worst they have seen in at least 50 years. here is where the area of concern is. this is affected by el nino. when there is el nino, they get dry air, dry weather, draught and fires. when it is la nina, they get a lot of heavy rain. of course they are in summer now and because of that the rains can be that much worse. a little closer to home we are certainly in winter but finally starting to see some quieter weather roll in. the snows in the desert the past couple of days. this front is going to be developing a couple of storm systems. 62 degrees expected in austin. these two storms, this is going to be developing here in the next couple of days. we will spread relatively heavy rain here across the states. mostly south, i think, of 20 will be the most significant rains. and a little system rolling across the great lakes. kind of a persistent low that will be up here. no real intense snow bursts widespread but the ongoing threat of snow showers will be there. nice to say that things are relatively quiet at least state side. >> okay. thanks. the stuntman seriously injured during a performance is speaking out for the first time. we will tell you what he is saying about the accident and the show. plus big personality and now a big book. jersey store starlet has writ an book. and you know that a.j. hammer is reading every single page and he will tell us all the details.he big deal guarantee. book a hotel with name your own price and if you can find a lower published price anywhere else we'll match it and pay you $25. book now and save up to 60% on hotels. only at priceline. you can make a big difference. did you know that by march 1st, more than $50 million can be earned by schools just like yours! buy participating products now, to earn your school's share of more than $50 million! to earn your school's share fifteen percent or more on car insurance? does a former drill sergeant make a terrible therapist? patient: and that's why yellow makes me sad. i tnk. sarge: that's interesting. you know what makes me sad? you do! maybe we should chug on over to mambie pambie land sawhere maybe can find some yoself-confidence for you.? ya jackwagon! tissue? crybaby. geico. fifteen minutes could save you fifteen percent or more. try capzasin-hp. it penetrates deep to block pain signals for hours of relief. capzasin-hp. take the pain out of arthritis. >> so i wasn't going to fall on my head and i crashed on my back. the last thing i remember was just going oh, and that's it. then i kind of passed out. >> he says he can't wait to get back to the show. troubled actress lindsay lohan may be leaving rehab but could find her freedom a little short lived. police say she violated her probation and could face new charges. a.j. hammer joining me from new york. a.j., the troubled train wreck that we just can't stop talking about. >> i such high hope for 2011 and lindsay. and i still do. she did complete her court ordered stint in rehab. you would think that things are headed in the right direction. she quoted on twitter that today is the first day of the rest of my life but now things might get a bit more complicated. police are saying she violated her probation when she tussled with a staff member. shoeb shoeb has learned that authorities are deciding if she should face battery charges. the staff member doesn't want charges filed here. the clinic filed the staffer after information was leaked to the media. here is what we know. she was dropped from her one upcoming film project inferno but she is focusing on her fashion line. she is creating a come back website. her sometimes esstranged father told cbs that his daughter is doing well. he says she has turned this around to use this to her advantage. she has put the right people back in her life. she is scheduled to be back in court on february 25. right now i want to move on to other news on other child stars who are all grown up. home alone star may just now be home alone once again. he and his wife have reportedly split up after eight years together. she and kculkin have reportedly gone their rep sat ways and her break-out role in the black swan has everyone wondering if that contributed to the break up. we have seen that before when one star becomes bigger than the other. >> now i have to ask you about this alleged new prize winning book? >> you have been waiting for this. i know you are excited about this. >> really? snooki coming out with a book? >> why not? we are some brand new excerptex. they are pure gold. we're talking about jersey shore star. she has only read two books, twilight and dear john and now she is a published author herself. her novel is called a sure thing. the "new york post" has published choice lines from it. far be it from me to keep that information from you. let me share with you a couple of the quotes. please feel free to read along if you like. he had an okay body. not fat at all. she could pour a shot of te q3 ladown his belly and slurp it out of his navalubv½jÃ/%q!=uq g splashed on the face. i love food, i love dringing, boys, dancing until my feet swell. i love my family, my friends, my job, my boss, and i love my body especially the badonk. that would have been gold. >> oh my gosh. i don't think anybody could have read that better than you. >> oh, thank you. >> i really just don't know what to say. just stands on its own. >> i will be here to perform more if you like. >> bedtime stories with a.j. hammer and snooki. you made my day. maybe you would like him to read to your baby. a.j. hammer is always available. you can catch him on "show biz tonight." now it is raining dead birds in two states. leaving more of the imagination of tsa screeners leaves air travelers less exposed. even the high-tech scanners. one man's solution next. making your iphone a potential lifesaver? yeah, there is an app for that. a tr has developed a device that allows an iphone to be used as a mobile lek troe cardiogram. that information can be spent directly to a doctor, nurse, or critical health care provider. it could be on the market by april. and underwear that demands a second and fruitless luke from tsa screeners. he has created a line of undergarments that obscure some of the most personal information. the inventor says his line of garms are not protests but a compromise that allows tsa to do their job and give travelers a little more privacy. and evacuating five passengers who got stuck on an out of control paddle boat. the ship's steering went out. that safety inspection of the bridge is on tap. we can't stop talking about the great dead bird caper of 2011. remember 5,000 birds fell out of the sky? early reports have ruled out disease. the dead birds have massive trauma but the mystery is what struck them. we are going to talk about the lab tests on some of those birds. doctor, what can you tell us to this point how many birds have you been able to do autopsies on? >> we did necropsy on 17 of the blackbirds from beebe, and of the 17 that our pathologists did the necropsy on, almost all of them had internal hemorrhages. there was no sign of disease, but we are doing cultures and things to rule out disease. we don't want to take a chance on missing something. i mean our investigation hasn't stopped. we are continuing. >> so doctor, what could cause that internal hemorrhages? >> there are reports from the citizens of beebe, several of them that that nigh and apparently blackbirds don't see well at night and they usually roost in trees. one citizen reported to the arkansas game and fish that he has seen multiple, more than usual blackbirds roosting in the trees in his neighborhood. and then later on in the evening after dark he heard several loud booms like sounded like a cannon was going off is what he said. could have been fireworks. could have been something else. but, we do set -- they do set off fire works in arkansas on new year's eve. anyway, that apparently scared the birds, the loud noise. when he went outside, he could feel the birds and hear them flying by him and running into his house and other objects. so that apparently is the most plausible explaination for why they -- >> why they died. so they could have gotten scared. they all tried to fly away at night. they don't see well and they run into various things and die from the internal hemorrhaging. you mentioned they don't see well at night. anything else about these types of birds that died that maybe we should consider? any type of unique qualities about these birds? >> they do roost and move in large numbers. by the thousands. they are quite on nautious. when they calm to your neighborhood, they are not a welcome sight. they do move and roost in large numbers and fly in large groups. >> while i have you, what's your take on the louisiana bird kill that we are now talking about? >> i -- i am -- i haven't talked to anyone from louisiana, so i am not aware of what went on down there. i just -- i am just know what happens happened here in arkansas and it doesn't appear to be a disease situation. >> so a lot of the same birds especially died in louisiana. is it possible that these could be connected? >> i don't see how they could be connected. all of these birds fell within a one mile area. >> okay. >> i mean there wasn't any strung out from beebe to a town -- they were all in one spot. so i don't see how -- >> there could be a link. >> if it was connected to something in louisiana there would have had to have been some fall in between. i believe they are disconnected events. >> all right. we sure appreciate you calling in. there is a lot of people curious about what's going on here. thanks. >> thank you. have a good day. >> you, too. all right the stock market opening bell rang about an hour ago. let's check the numbers. >> if you think your workers are satisfied, think again. more than eight in ten workers plan to look for a new job this year. see you later. don't let the door smack you in the you know what. >> maybe hopefully they don't pull out a slide, jump off of a plane, grab a beer on the way out. maybe they won't exit that dramatically. maybe they will give two weeks notice. normal ways of leaving things. but you're right. a lot of people are looking for a way to get up and out. this is a survey that we have that say that 84% of employers say they are looking for a new job. that is up from 60% last year. folks really had everything on hold during the recession. they hunkered down with the job they had. a lot of people were happy to have a job at all. so they say let me just get through this. now that things are starting to look better, they're thinking this may be the year they can jump ship, find better opportunities and look for better compensation as well. >> and a lot of people are work aaholics? >> apparently some people don't know how to leave the office at the office. a lot of people find themselves thinking about work when they have gone home with their families. take a look at what we have found out from a survey. 52% of workers say they put in more than 40 hours. and look at this. 24% say they think about work at home essentially. 22% don't have time to think about personal interests. i understand not using a sick day, you're not sick so you don't call in. but some people dreaming about work? other people saying that when they are out with their friends and family most of their conversation is about work. i am sure their family and friends are excited about that. >> probably really rewarding for that. >> 9% are more worried about approval from their boss than their family and 15% said they would rather be working than at home with their families. maybe 2011 is the year to get your priorities in order. you know i love working with you but at the same time -- >> it's true. you are a new momma. i have got two on the way. you got realize that family is number one. that's what sticks around forever, not the job. >> exactly. >> put it in perspective. got to have the balance. thanks. >> brett favre is going make it to the nfl hall of fame but probably won't make it into the text messaging hall of fame. they might have the old quarterback playing defense in court. 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>> i know i have bitterly disappointed all of you. i am embarrassed that i have put you in this position. for all that i have done, i am so sorry. >> i have been through divorce, i have been through tabloids. you name it. i screwed up. big time. but i think the only thing i ask from this group today and the american people is to judge me from this day forward. >> i is sit here before you guys embarrassed and ashamed for committing adultery. if i could just turn back the hands of time. i love my wife so much. she is so special to me. >> that is why he bought her a big ring. just recently the nfl fined favre for not cooperating with another investigation. that one centered around nasty text messages. so more drama for a quarterback with pretty amazing accomplishments like this. all right. let's talk more about this with max. i want to tackle two things and i want to be fair here. talk about the fact that brett favre, pretty phenomenal athlete but we got to talk about the athletes who can't keep it zipped up, shall we say? a lot of people say fg this is it, what a sad way to go down. >> i like the tackle. let's tackle two things. very good. brett favre is an all time great player. that's true and it is also true that he has always been overrated because he has had an excellent relationship with the media. miz most impressive accomplishment is his consecutive game streak in a sport like football. he's the quarterback and everyone is coming to get him. 297 consecutive games played. it's unthinkable. the guy is so stuff. in a 20 year career where he has played on pretty good teams he has won one super bowl. he was a great quarterback but not one of the very greatest quarterbacks who ever lived. but that's the way he was portrayed in the press because certain key guys in the press had a very good relationship. favre knew how to work the press. >> he knew how to work a lot of other things, too. i was telling you how i worked as a reporter. we're talking two decades ago. this was a guy who loved to party. >> what are you? five? >> i age very well. i'm not texting wild women. i'm keeping it clean. but seriously, max, this is, you know, at least for a short period of time took him under his wing and kept him out of trouble for a while. it was like he had a dad in addition to a coach. this guy loves to have a good time. so, you know, he is not the only one. you have covered sports for a long time. and you have been around these guys. what is it? i mean is it -- is it as simple as you get money and fame and you are traveling all the time and you have got women banging on your hotel room, what the heck, let's go ahead and go for it. why can't we find more guys that are disciplined? >> if you really want to look for real social commentary. it's like mel brookes. south park had a whole episode where these men are in these sex addicts group. turns out that all guys basically are. it's who has the ability to do something about it. in favre's case, here i think the trouble might be not that he propositioned anybody but that according so far to what has been reported, the women, according to them were told they wouldn't work for the jets again when they turned him down. i don't know if that's really -- how could you blame favre for that? he is not the one who fired him but it does demonstrate a powerful dynamic and that is the real issue. >> point well made. always good talking to you. thanks, max. >> and a test that could spot a single cancer cell in your blood. ♪ that baby of mine wouldn't let me in ♪ ♪ so move it on over ♪ move it on over ♪ move it on over ♪ move it on over ♪ move over, little dog, 'cause the big dog's movin' in ♪ ♪ [ male announcer ] a dog & a chevy, what else do you need? ♪ and a new test can actually detect a single cancer cell among a billion. -- >> there are no tests for a number of different diseases. this has the potential for testing for a number of cancers and simply drawing blood and sending it off to the lab. >> nick is here to tell us what this all means for you. he is so wonderful. i love the fact that this is a major breakthrough. >> it is a brek through and it is so different from the way we detect cancer today. you and i get our annual mammograms. it actually has to show up on an image. you have to be able to see it. this would detect a single cell that is coming off cancer that the eye can't see in an image. it doesn't have to be that big. that's a huge difference if this test works. this is a bit of an if. this doesn't guaranteed to be able to work. >> when would i get the test? >> it is possible that they could do it at your annual physical. i could be done that quickly. >> we have been getting a lot of questions from our viewers so we went to our website. i want to throw one at you. even if the cancer was real in the bloodstream, are they going to give additional chemo for one cancer cell? >> right. let's say they detect a cancer cell are they going hook you up to the chemo machine? the answer is no. they will probably have to do additional tests. there is another way i want to talk about where this could be useful. when you have cancer they give you chemo and they hope they give you the right chemo. sometimes they are right and sometimes they are wrong. they could give you this test and they would know really quickly if it is working or not. >> give them more or less or it's over. >> so this test has a double purpose. preventive and to help when they are treating you to see if the treatment is correct. >> that is pretty amazing if this comes through. it could be ron and rand's excellent adventure. they share the same political philosophy and now the pauls are sharing the same digs. wait. 2 hours!? 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[ male announcer ] breathe, socket. just breathe. we know it's intimidating. instant torque. top speed of 100 miles an hour. that's one serious machine. but you can do this. any socket can. the volt only needs about a buck fifty worth of charge a day. and for longer trips, it can use gas. so get psyched. this is a big step up from the leafblower. the 2011 chevrolet volt. it's more car than electric. only yoplait original has twice the calcium of the leading yogurt. that's 50% of the daily value to help close the calcium gap, we're giving away a million free cups at yoplait dot com. we have got a poll checking how americans feel about the health care law. hey, paul. >> good morning. you were talking earlier this hour about the house republicans' moves to try to repeal the new held care law. what do americans think? we have the most recent poll. we asked do you approve or apose it. a majority say they oppose the law. some oppose it because it doesn't go far enough and others say it is too liberal. not everybody opposed is oppose ed because they don't think it goes far enough. and rand paul, you know him from kentucky. tomorrow he will be sworn in as a u.s. senate. where is he going live? he will be crashing with his father. we first heard about this when they spoke to anderson cooper. take a listen. >> how are you guys going to live together now? how is this going to work out? >> just so you know, it will work if i don't have to cook. >> my response to that is i think it's pretty lucky that i don't have to rely on his cooking. i think we will get along well. i lived with my father in the summer some when he was in congress and i was in high school. it won't be the first time we have shared the condo. he scratched his head when he found out his 47-year-old son was coming back to live with him. >> keep it all in the family. back to you. >> they are a piece of work. i see a reality show. i don't know. >> i know. >> we will have our next update in about an hour. and a reminder to go to our website 24/7. cnnpolitics.com. what's the big news in priority mail flat rate boxes and envelopes from the postal service? all right. fast forward. let's take a look at the day ahead. nancy pelosi holding her last news conference as speaker of the house. excuse me. and a hear something scheduled today for dr. conrad murray. the physician who was caring for michael jackson at the time of his death. in the next few weeks we will find out if he will stand trial for involuntary manslaughter. the defense may argue that the king of pop killed himself. what would you do with $330 million? that's the question a lot of people are asking themselves as they buy tickets for tonight's mega millions drawing. strong sales could bump the jackpot even higher.