in it a poll this afternoon, he now leads in key swing and must win florida. cain beating romney there, 34-28. this comes on the heels of a national poll yesterday which put cain in the lead. now, cnn's polls of polls show that cain is still behind romney. just in that margin of error there, 23-20. whatever the case, it is no question that herman cain's popularity is surging. the national poll has you at number one. now the poll has you leading in south carolina and florida. what's your family thinking, and why do you think this happened, that you've surged to the top? >> well, my family, they are not surprised. because they know me from my business career. because i've always done some challenging things. but i believe this happened for two reasons. and it was first evidence with that florida straw poll. first, it demonstrates that the voice of the people is more important than the voice of the media, with all due respect. because for a while, as you know, some people in the media tried to paint this as a two-man governor-on-governor race. the second key message is, message is more powerful than money. i have not spent, nor have i been able to raise the kind of money that my major competitors have. but yet we have been competitive because of the strength of my message, and the specificity of the solution that i put on table. >> so let's talk about 9-9-9. obviously -- >> all right. >> i know, you're ready for this one. okay. so i have a strike team on this show, sir, where we have 20 ceos, entrepreneurs and investors and they're voting on all sorts of things about the economy, but voted on which candidate would be best for the economy just yesterday. they had some blackberry issues, so we didn't get full votes, but close to it 15. 12 said mitt romney, 2 said jon huntsman, 1 said rick perry, none voted for you. and then i asked about the 9-9-9 plan. nine said it was a gimmick, six said your plan was serious. 9-9-9 is a goal, right? you're not just going to wake up to it -- how long does it take in your vision to have 9-9-9 in full effect? >> the first 90 days in my administration as president of the united states of america, because this country is on life support. it can't wait. let me address those who thought it was a gimmick and let me explain quickly how we came up with this. this economy is on life support. we took five revenue sources currently being collected through taxes that cost us $430 billion a year collectively for filing and compliance. so we looked at corporate income taxes, personal income taxes, capital gains taxes, payroll taxes and the death tax. then we said, we want a structure where we can expand the base. the only way to expand the base was to bring in retail sales. and what is the lowest rate that would be simple, fair, efficient, transparent and revenue-neutral? this is how we came up with the 9% rate on corporate tax, a flat rate, personal income tax, a flat rate, and a 9% retail sales tax. so we derived this by using existing revenue numbers. so it is not a gimmick. and we have also had it scored, and it will boost this economy and create 6 million new jobs. >> and i know you're going to be coming out with that scoring report soon, right? can you tell us when? >> yes. we've already had the scoring done. we are just trying to clean it up such that when we present it to the public it won't raise a lot of questions. so we'll have that done within the next week. and we'll make it available. >> all right. so let me ask you this. we just talked about the poll that came out this afternoon where you're leading in florida with a significant margin over governor romney, and by just a point. so within the margin of error. but still in an early voting state, south carolina. so i just took a few of the early states, new hampshire, iowa, south carolina, florida. if you look at the current sales tax in those states, new hampshire is at zero. the others primarily at 6%. so voters in those states watching tonight see that, and let's look at new hampshire. they go, i'm paying zero now. even though mr. cain gives me a cut on my payroll tax, i'm getting a 9% sales tax and a 9% income tax rate. a lot of people say that will result in an increase at the bottom income level of the people of this country. >> here's how i respond. this is something new to the public to say you're going to pay a sales tax of 9%. but at least you know what it is. the problem with our current system is that there are embedded taxes and sneak taxes in the current tax code. >> all right. so the fundamental question of regressivety, that a sales tax that applies to clothes and to food as i believe yours would, hits the people who spend the majority on cloebts and food. that being the poorest people in america. >> it's not regressive. take an actual example. the reason people say it's regressive is because that's the way they think, relative to the current paradigm, and the current tax code. if i can, very quickly, let's take a median income family of $50,000 a year. if you want to use $25,000 a year, just cut these numbers in half. a family making $50,000 a year, which is around median income, under the current system, they're going to pay $10,200 in taxes under the 9-9-9 plan, they're going to pay $4500 for that middle nine. and that leaves them $5,700 to play to sales taxes that they would pay on that third nine, on food, and shelter and then if they buy goods, no taxes on used goods. so the actual purchase behavior, we can't predict. but it is not regressive. in fact, it empowers those that make the least amount of money because you don't pay the sales tax on used goods. all right, so the payroll tax that you would get rid of, fund social security now, if you got rid of it, are you getting rid of social security? what's your goal for social security? >> no, we're just collecting the social security taka dollars a different way. social security, i have another solution for that. it's called an optional personal retirement account. so we are still going to collect the revenue for those programs. but then we're going to solve that problem totally different, because that's a totally different problem that we need to work on. >> all right. so individual retirement accounts. let me ask you this. you've been given what some say is a tough love, others say is insensitive message to the unemployed, telling them don't blame banks, blame yourselves. what is the message here? >> first of all, the message was directed at the people demonstrating on wall street. it wasn't directed at the 14 million people that are unemployed. or the millions of people that are underemployed. one of the reasons i'm fighting so hard for this 9-9-9 plan, i want to put people back to work. and according to the scoring from my 9-9-9 plan, this economy would grow at approximately a 5% rate, and will create 6 million new jobs. i'm out here fighting for the unemployed. but what i'm saying is, those people that are protesting wall street, i don't feel any sympathy for you. because wall street did not create these bad economic policies. this administration did. this administration spent $1 trillion, and it didn't work. this administration wants to spend another $450 billion, and it will not work. so my comment was directed at the wall street demonstrators. what are they looking for? another entitlement program? well, i can tell you, in a cain administration, that will not be a new entitlement program. our programs will all be designed to empower people to help themselves. that was the intent of my message. >> do you believe, sir, that the bailout of the banks was successful? >> i believe that the bailout of the banks was partially successful. what i didn't like about the bailout is that it was administered in a discretionary fashion. those dollars were never intended to bail out a car company. it wasn't intended. the american people weren't told that the administration was going to pick and choose who the winners and the losers were going to be. that was the problem i had with the problem, even though some banks may have benefited. government's role is not to pick winners and losers. that was the biggest problem i had with the whole bailout program. >> all right. out front next. what does herman cain think of china? >> we won't have to look back at china. we will leave them in the dust. >> and then michael jackson's death trial. doctors and sleep experts say his care was beyond comprehension today in court. and we talked to steve mann, a comedian makes it his life work to perform on "letterman." ♪ [ cellphone rings ] cut! 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[ male announcer ] we're not employers or employees. not white collar or blue collar or no collars. we are business in america. and every day we awake to the same challenges. but at prudential we're helping companies everywhere find new solutions to manage risk, capital and employee benefits, so american business can get on with business. ♪ the number tonight, 28. that's roughly how many employees google added every day during the third quarter. worldwide, that was 2,585 workers, internet search giant reported a property of $2.7 billion earlier today. good to see someone hiring, but obviously doesn't put a dent in the 14 million unemployed in this country. herman cain is rising in the polls and the 9-9-9 plan obviously getting pretty much all of the attention. but if he's going to win, he cannot just run on a tax plan. let me ask you about a social question that links into the unemployment. bob johnson was on cnn this morning, obviously the founder of b.e.t. and he was talking about african-american unemployment which is nearly twice as high as the rest of the country. and he has a plan that he says is going to fix high unemployment among african-americans in america. here he is. >> companies who are seeking to hire vps and above or to issue contracts to businesses would voluntarily, and i stress voluntarily, agree to interview at least two african-american qualified candidates. >> does america still need affirmative action? >> well, let's talk about how i would address that same problem. i believe an empowerment zones. most of the unemployment black persons in this country are in these mostly economically depressed areas. it could be, and i'm only using this as an example, because we haven't finished establishing the parameters yet. instead of in a designated empowerment zone, it being 9-9-9, it could be, as an example only, 3-3-3. what this does, because you have a lot of african-americans located in cities like detroit, disproportionately, it would encourage businesses to stay in business there or to move there. it would encourage people to work there, because if you live in the empowerment zone, you're going to pay a smaller percentage in taxes. >> as an overall concept, though, outside those zones, do you think there is still a place for an ideal like that, that you would make sure you interview two african-american candidates for every higher level position as a form of affirmative action? >> i don't think you need to make it mandated or anything like that. the problem with things to start out voluntary is that you get some overzealous liberal who will say it ought to be required. i served on the board of directors for nearly 20 years of my career. i know that corporations are already voluntarily making sure that they feel fill the pipeline with people from all ethnic groups. >> all right. so no mandatory affirmative action. now you're number one in the polls, it can't be all 9-9-9. spirit airlines launched a campaign today with the -- i know you saw that. you said you didn't actually endorse it. but we know where they got the idea. let's put it that way. >> right. >> but foreign policy matters, too, for the front-runner. two wars, this week's alleged terror plot by iran in the united states. what is the cain doctrine? >> i'm glad you asked. the cain doctrine is an extension of the reagan doctrine. reagan's doctrine was peace through strength. the cain doctrine is peace through strength and clarity. we need to clarify who our friends are, clarify who our enemies are, stop giving money to our enemies and let the world know who our friends are. i happen to believe that this attempted assassination that iran has its fingerprints all over, based upon the reports that we have seen was because this president is perceived as weak. and this president is perceived as not standing with its friends in the world. this is why we want to clarify it. for example, i have been very outspoken about -- under a cain presidency, we will stand with israel. i have said, if you mess with israel, you're messing with the united states of america. secondly, i believe that there are some things that we can do that this administration is not doing in order to show strength instead of weakness. as far as upgrading some of our ballistic missile defense systems we have, which we have a great advantage in the world, i think we ought to make that advantage bigger. >> what is the biggest foreign threat to america? what country or region right now? >> the biggest threat to the united states of america is the unknown. not what we know. but what we don't know. in terms of a specific country, i would have to say, iran and north korea. they're very volatile. and very unpredictable. which gets back to the unknown. and relative to iran, what i would do, we already know that iran is not going to do what we want them to do. so my approach is quite simple. these ballistic missile defense systems that i talked about earlier, i believe we need to invest in upgrading those systems so that they can detect ballistic missiles from launch to impact, and that gives us more time to be able to detect and destroy them, if they fire at our friends like israel, and if they fire at the united states of america. >> modern "star wars?" >> that's not totally modern "star wars." that's enhancing capabilities that we already have. phase two would be to have "star wars" type missile defense capabilities that are located in outer space, which is one of the reasons that i want to relaunch our space program, and get away from this dependent upon russia in order to be able to get into outer space. >> and what about china? i know you've recently visited there. you spoke about it. do you think china is on balance a friend of america or a foe? >> i think they are between being a friend and a foe. they want to keep a relationship with the united states for economic reasons. they want to learn as much as they can from us militarily. here's how i plan to deal with china. outgrow china. once again, we're not going to be able to dictate to china what they do about currency. we're not going to be able to convince them not to develop that nuclear weapons program or their military. let's outgrow china. here's how we do it. when this economy is growing with my 9-9-9 plan, we will be growing at a robust rate, rather than this anemic rate while china is growing at 9, 10, sometimes 11%. once we are growing at that rate on a $14 trillion base, even though they're growing at 10% on a $6 trillion base, we don't have to look back. here's another sweetener in my 9-9-9 plan. i know you'll get tired of me coming back to it, erin, but guess what, there's some sweetness in here. on the first 9% of corporate profits, you are allowed as a corporation to deduct purchases, as long as you purchase those ingredients or components from u.s. companies. so if we are growing at a robust rate and our products are more competitive, we won't have to look back at china. we will leave them in the dust. and still out front, the one question i could not resist asking herman cain. and trust me, this one wasn't easy. yesterday -- >> erin? >> yesterday we spoke -- i've got to get through the question. all right. and the republican response to the failed obama jobs bill. will it be more successful or will the president win out? ♪ and the flowers and the trees ♪ ♪ all laugh when you walk by ♪ and the neighbors' kids run and hide ♪ deep inside you, there's a person who refuses to be kept deep inside you. ♪ but you're not ♪ you're the one be true to yourself. what's healthier than that? fore! no matter what small business you are in, managing expenses seems to... get in the way. not anymore. ink, the small business card from chase introduces jot an on-the-go expense app made exclusively for ink customers. custom categorize your expenses anywhere. save time and get back to what you love. the latest innovation. only for ink customers. learn more at chase.com/ink [ coughs, sniffles ] especially when you're sick. now, with new simpler packaging, robitussin® makes it simple to get the right relief for your symptoms. new simpler packaging, same effective relief. robitussin®. relief made simple. today i own 165 wendy's restaurants. and i get my financing from ge capital. but i also get stuff that goes way beyond banking. we not only lend people money, we help them save it. 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[ junior ] ...and they've helped build my business. the markets never stop moving. of course, neither do i. solution: td ameritrade mobile. i can enter trades. on the run. even futures and forex. complex options? done. the market shifts... i get an alert. thank you. live streaming audio. advanced charts. look at that. all right here. wherever "here" happens to be. mobile trading from td ameritrade. number one in online equity trades. trade commission-free for 30 days, plus get up to $500 when you open an account. and now a story we can't resist. now, on monday, you may remember, we ran a story about herman cain's rise in the polls. >> herman cain won the florida straw poll and is leading in a number of other states. and yet, a recent "washington post" headline called him the republican flavor of the month. "time" magazine asked, herman cain, flash in the pan or serious candidate. we couldn't resist asking the question. what is it about herman cain that some people seem to not like? that's when we realized, unlike the other candidates, herman cain has a mustache. if elected, mr. cain would be the first president with facial hair since william howard taft. and when we spoke with herman cain today, we couldn't resist asking him about it. the american mustache institute has officially endorsed your campaign. you're up for the robert gu lay memorial award. >> erin -- >> yeah -- yesterday we spoke -- i've got to get through the question. with dr. aaron perlynn, chairman of the american mustache institute. and he had this to say to you, sir. >> we have seen an uptick popularity and that is no doubt from the support of the mustache people. so i would ask him to reach out to the mustache community and also define how his 9-9-9 plan would encompass the $250,000 tax deferral that the american mustache institute has been seeking from the u.s. congress and the irs. >> what do you say? >> let me answer the second question first. no deferrals, no loopholes, no special credits. that's the beauty of the 9-9-9 plan. so i have bad news for them. we're not going to use the old tax code so they won't need that referral. relative to the mustache, i've had this mustache so long, i don't even remember when i started wearing this mustache. so i can assure them, i'm going to continue with my husband tab, because just like the glasses on my face, it is a part of what makes me look like who i look like. so i'm sticking with the mustache. sorry, we just couldn't resist. fyi, the american mustache institute did not stop there. they also threw their support behind somebody else. >> there's no question that all of the mustached american people always have their mustaches out front, particularly the american mustache institute. >> thanks for your support, guys. we have a stash of stories about facial hair. ready to go. all right. coming up, the gop jobs bill. does it spell the end of obama's health care bill, and of financial reform? and then more from our interview with herman cain. he's leading in the polls. tells us he's for real. we bring in our experts. david fram, john avlon and medical experts shocked about what they heard about michael jackson's care today. you can't change the way banking works. just accept it, man. free ? doesn't close at five ? try nature. it's a bank. what do you want, a hug ? just accept it. hidden fees, fine print, or they'll stick it to you some other way. stay with the herd, son. accept it. just accept it. accept it. just accept it. accept it. if we miss this movie, you're dead. if you're stuck accepting banking nonsense, you need an ally. ally bank. no nonsense. just people sense. 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[ female announcer ] the travelocity guarantee. if your booking's not right, we'll help make it right, right away. from the price to the room to the trip you'll never roam alone. what's vanishing deductible all about ? guys, it's demonstration time. let's blow carl's mind. okay, let's say i'm your insurance deductible. every year you don't have an accident, $100 vanishes. the next year, another $100. where am i going, carl ? the next year... that was weird. but awesome ! ♪ nationwide is on your side we start the second half of our show. stories we care about. we focus on our own reporting, first up, joshua komisarjevsky will face the death penalty. our producer in the court says komisarjevsky showed no emotion, guilty of all 17 counts. steven hayes has been sentenced for the deaths of jennifer hawke-petit and her daughters, haylee and michaela. the only survivor, dr. william petit, called the verdict a relief. an 11-year-old maryland boy still missing tonight, his stepfather being charged with first degree murder. "out front" has been in contact with maryland authorities all day. they tell us curtis lopez, who is estranged from his wife was arrested in charlotte, north carolina after he gave inconsistent statements to police. the 11-year-old william mclean has not been seen since september 30th. police are asking anyone with information to come forward. number three. research in motion, maker of the blackberry, says service has been fully restored after its largest outage ever. executives say the outage was caused by a hardware failure followed by the failure of a back-up system. it spread around the world like a plague. investors have this rugged off the news. the stock off 18 cents. and our blackberries are working again, thank god. number four, senator's john mccain and rand paul laid out the alternative to the jobs plan. the plan would simplify the tax code by reducing the overall rate, something the president has sort of seemed in line with before. the plan includes the repeal of the health care rebill and the financial reform act something he will not go along with. and it has been 69 days since the u.s. lost its top credit rating. what are doing to get it back? bank of america, morgan stanley and goldman sachs on a review for a downgrade. when i talked to herman cain earlier i asked about his plan to getting back to a healthier economy, the 9-9-9 plan, but also whether or not he could go the distance in this race. take a listen. >> i am for real. people who know me and this is what people will learn in this book, "this is herman cain." they will know that i am in this to win it. i am not in this to try to raise my profile or get a tv show. >> all right. here's what two new state polls tell us. in florida, the crucial state to win gore the nomination, herman cain ahead of mitt romney, 34-28%. in south carolina, an early primary test for conservative christians, cain a tick ahead with 26 versus 25 for romney. i'm joined by john avlon for "newsweek" and "daily beast" and gloria borger. gloria, the polls seem to say he's for real. is he? >> well, he's for real now. i think the question, erin, how long is he going to be for real? because herman cain, and you showed it in the interview tonight, really is going to undergo an awful lot of scrutiny. not only on the 9-9-9 plan, which we've heard enough about, but also on everything related to his career and his life. i mean, this is what happens to presidential candidates. he has to start backing things up. you know, he's done a bunch of interviews in which he said things like, i don't have the facts to back this up. well, he can't say that anymore. he needs a campaign infrastructure. he needs to start raising money. he raised only about $2.5 million in the last quarter. he says he's going to raise more this quarter. but we have to see. and he has to convince people he's the person to beat barack obama. so to be continued. >> john avlon, what's your take? >> erin, there's no question herman cain has got the momentum, jumping 20 points in one month in a poll, the exact same time rick perry drops 20 points. but there is another thing that matters in presidential politics. money. and herman cain doesn't have a lot. one of the most revealing things in your interview, he only had a couple $100,000 cash on hand right now. >> he did. here's how he was up front on how much money he had. >> for the quarter, we will report, first of all, no debt. you see, i run this very tight, like a start-up business, because that's my nature as a businessman. and we are going to have -- we will report at the end of the quarter several hundred thousand dollars of cash on handled. within the last week or so, our fund-raising has really picked up a lot, because of the response of the public. and so i don't know what that number is. i just know that it is going to be very, very respectable. >> so basically, john, what he is saying was, well, since the quarter ended, and i popped in the polls, i've got a lot more money, i'm going put out a separate press release, because the third quarter isn't going to look so good. >> that's correct. but in the third quarter, rick perry $17 million. president obama, $40 million. money is not determine active, it can't compensate for a lack of message. in 2004, howard dean had the most money. rudy guiliani and romney didn't win the nomination. >> gloria, you wrote in your column about the purity problem in politics. it was really interesting, because you were talking about the tea party. and whether they could ever get behind, let's just say mitt romney. >> right. well, they -- so far, they haven't. he's stuck at 25%. they have been looking for someone else to date, and maybe marry, because they don't want this arranged marriage. with mitt romney. but the problem is that it's difficult when you're a purist to find a candidate pure enough to carry your torch. and i think that's -- that's really the issue here for them. so this is going to be a test of the maturity, really, of the tea party. will you remain pure, or will you in the end decide to support someone who you believe can beat barack obama? and that's really the test for the longevity of this party. you know, they have given issues in this campaign. they've given a lot of energy in the midterm elections in particular. but will they hang in with the republican party, or will they go off on their own, remains to be seen. >> that's the big question. does ideology trump electability? that is the biggest question confronting the republican party right now. cain is betting from the ideology. romney seems stuck at 25, but all of that alternative romney energy is circling armed herman cain, and it shows that romney has got a big problem connecting with his base. >> and i'm going to predict one other thing. this is going to go up and down, up and down, again and again. i mean, i don't think, you know rick -- you can't count rick perry out here. herman cain is going to be around. so i think this race is going to continue to be reflective of a very fickle republican electorate right now. thanks's fun for us if it's true. thanks to both. will republicans put a jobs proposal on the table today? the gop plan calls for tax reform, and they included a balanced budget amendment. also called for the repeal of president obama's health care law and the financial regulatory reform bill known as dodd/frank. david frum joins us from washington. david carr gill from new orleans. thanks to both of you. david, let me start with you. the democratic plan, the president's plan, had that rely popular millionaire tax. it pulled very, very well among republicans and democrats. what part of the republican plan today could rival that? >> i think the boost to energy exploration will be popular. it makes a lot of sense. it may not produce the job pop that people would like to see. but it's a good idea. as a number of the things in the plan of the good idea. president's millionaire tax is completely irrelevant to job creation. he inserted that into the plan as a way of getting to know. because the president doesn't want his plan to pass. he wants his plan to fail in ways that will allow him to blame the failure on republicans. >> i have to say, he would pay for his plan with the tax, which did include a payroll tax cut. that was the argument, right -- that it would create jobs. >> that's not why it's there. that's the excuse. that's not the reason. >> all right. which i get the political -- all right, so james carville, what's your view on the republican plan in. >> well, first of all, it's going to cause an immediate pop in the deficit if it passes. it's not, because it calls for the repeal of health care reform, which according to cvo, will save us money. i've got -- i don't like the plan, but i like the fact that romney has something out there. hopefully we can have an election that will bring some clarity to this. i think as the romney plan comes out, as the republican plan does, the president's plan, anything else, it's good to get it out there, because we need some kind of a decision here from the voters come november of 2012. and i think we can interpret as positive. romney says he's going to balance the budget, increase defense spending and cut corporate taxes. good luck trying to sell people on that. at least he's out there saying it. >> let me ask you, david, what do you think about john mccain as being put out as the face of this? because at least it would seem that was a nod to the fact that people want compromise and someone in the center, which john mccain, relative to a lot of other people that could be put out, is more centrist perceived wise. >> right. this is an attempt to say with rand paul and john mccain seen as a republican consensus here and it's pretty broad. i worry that the idea -- these ideas -- although broad, are not powerful enough. because the country's job crisis is so desperate. and a lot of this does look like rummaging through yesterday's leftovers, rather than coming up with the big response the country needs. and having rand paul there signifies another problem which is the creation of money and credit on almost unprecedented scale. and especially if we have a euro crisis and to have somebody who is associated with the kind of primitive monetary economics that rand paul is associated with tells you it's going to be very hard for this party to get behind what it most needs, which is money and credit creation. >> james carville, you said the republican field is a dream come true for the president. as it's turning out. we've got cain number one in the polls. what's your argument? >> my argument is, compared to the 1980 field. if you look at the fact that that i was listening to rush limbaugh, listening to something on the computer, poor man, he doesn't know what to do. he can't endorse anybody. he almost is contentious of romney. and you're seeing that -- i was listening to gloria and john on the segment before. it's just evident that they're looking for something else and there's no one else there. one point about both of these plans which i find at least surprising. neither one of them addresses the problem of housing, which strikes me as the kind of amateur sitting out here -- as a pretty big hole in the economy. and nobody has much of an idea what to do about it, it seems like. >> david? >> choose me, choose me. i know what to do about it. >> okay. run for president. >> go ahead, please then. >> what we have is an american household sector burdened by more debt than it can pay. and is what we need is a rapid, across the board reduction in the burden offin debtsedness on american households and there's a word for that. it's called inflation. what we need is 4 or 5% inflation that will make everybody's debts easier to pay. we won't have to have a complex administrative mechanism to say this mortgage gets relief and that mortgage doesn't, this is speculator, that's a real householder. you know, inflation does not have to be uncontrolled, it does not have to be like the 1970s. but that is an -- we are in danger of a deflation. get the burden of debt on the household sector down, and watch the economy take off. >> well, you know what i can make you feel better because ben bernanke is trying hard to make that inflation come true. and keep the big inflation jeannie in the bottle. >> there's no demand in the economy. i think it's going to be kind of hard. but that's -- yeah. >> thanks to both. appreciate it. see you soon. >> thank you. out front next, though, paris. prosecutors dropping rape charges against dominique strauss-kahn. we find out why. and disturbing testimony about the care michael jackson received before his death. and stand-up comedian steve mason made it his goal to perform on "letterman." it doesn't cover everything. and what it doesn't cover can cost you some money. that's why you should consider an aarp... medicare supplement insurance plan... insured by unitedhealthcare insurance company. all medicare supplement insurance plans can help pay... some of what medicare doesn't, so you could save... thousands of dollars in out-of-pocket expenses. call now for this free information kit and medicare guide. if you're turning 65 or you're already on medicare... you should know about this card -- it's the only one of its kind endorsed by aarp; see if it's right for you. all medicare supplement plans let you keep your own doctor, or hospital that accepts medicare. there are no networks and no referrals needed. help protect yourself from some of what medicare doesn't pay... and save up to thousands of dollars in potential... out-of-pocket expenses with an aarp... medicare supplement insurance plan... insured by unitedhealthcare insurance company. call this toll-free number on your screen now... for this free information kit, including this... medicare guide and customized rate quote. we do this at the same time every evening. our outer circle, where we reach out to our sources around the world. first to libya tonight, where gadhafi remains on the run. his loyalists still fighting fiercely in sirte, his hometown. rebels are capturing prisoners, but there are disturbing reports about abuse and torture. tan dan rivers is there for us. have you seen any evidence of this? >> reporter: erin, i haven't seen any evidence of prisoners being badly mistreated in the way amnesty international has been talking about. but we have seen people being very roughly treated as they're marched away. i think the ntc is keen to try and improve the way it deals with prisoners. clearly, this is going to be very bad for its reputation, this amnesty international report, and something they're going to want to act on immediately. erin? >> thank you very much. next to syria, where security forces have raided a town with explosion and gun fires. we're in ber route. tell us about the clashes. >> reporter: well, erin, cnn spoke to an opposition activist who managed to flee just as the military was advancing. he says he snuck through the olive groves and reported hearing gunfire, plumes of smoke rising. it appears the cause of the offense even though it had been under attack in the past, the past few months, dozens of defectors were hiding out there. we have been seeing an increase in violence in areas where these defections are concentrated. erin? >> thank you. and now to paris, where prosecutors dropped the rape charges against dominique strauss-kahn, saying there wasn't enough evidence to pursue it. but the prosecutor said strauss-kahn was guilty of sexual aggression against the journalist who broad the charges. becky anderson is reporting from london. did the prosecutor elaborate further or explain? >> reporter: erin, this all dates back to 2003, when writer tristan bannan alleged that dominique strauss-kahn tried to rape her in an apartment in paris. the prosecutorses say dominique strauss-kahn admitted sexual aggression at the time, but the problem was the sexual aggression has a three-year statute of eliminations. attempted rape has a ten-year statute of limitations. prosecutors said there just wasn't the evidence. >> thank you, becky. beyond comprehension. prosecutors tried to show that dr. murray was grossly negligent as witnesses testified that he gave jackson a combination of drugs that killed him. >> i think this was the perfect storm that i described, that ultimately culminated in his the e ttinys 3 % it eecd atheur af ti. behind comprehension and disturbing, it's how one person described the care michael jackson received under dr. murray. they tried to prove he was grossly negligent. >> ted rollins has been in the courtroom. was the testimony as damaging as it appears? >> reporter: they feel they were able to bring up other things. it was a very, very good week for prosecutors because of the witnesses. >> the prosecution, i know they could be on their last witness. any sense of when the jury will get this case? >> they are on their last witness. they will be back in session on monday. we'll have the final prosecution witness there. it's expected the jury could get the case at the end of the week. it's going faster than they anticipated. >> what do they have to do to save dr. murray at this point? >> focus the attention on michael jackson and away from dr. murray. michael jackson was the one that delivered the fatal dose. michael jackson was the one that set the table for disaster. right now, murray is in the hot seat. they have put him at the center of this chaotic environment in the house. it will be a tough road. >> a final question for you, ted. . rr ld aole 3 %on prince said . rr ld aolie eiow prince said behind comprehension and disturbing, it's how one person described the care michael jackson received under dr. murray. they tried to prove he was grossly negligent. >> ted rollins has been in the courtroom. was the testimony as damaging as it appears? >> reporter: they feel they were able to bring up other things. it was a very, very good week for prosecutors because of the witnesses. >> the prosecution, i know they could be on their last witness. any sense of when the jury will get this case? >> they are on their last witness. they will be back in session on monday. we'll have the final prosecution witness there. it's expected the jury could get the case at the end of the week. it's going faster than they anticipated. >> what do they have to do to save dr. murray at this point? >> focus the attention on michael jackson and away from dr. murray. michael jackson was the one that delivered the fatal dose. michael jackson was the one that set the table for disaster. right now, murray is in the hot seat. they have put him at the center of this chaotic environment in the house. it will be a tough road. >> a final question for you, ted. jackson's oldestson prince said dr. murray lied in a police interview hen he said he comforted prince and his sister. do you think prince will take the stand? >> there's a chance now. conventional wisdom is you never put a child on the stand. it puts an uncomfortable situation. this is a case where they might consider it. he'll get on the stand and refute what murray told police. they will get him on and off quickly. if it happens, it will be in the rebuttal case late next week. >> any other people you think might testify that would surprise you or other surprises? we are getting close to it going to the jury. >> reporter: yeah, it looks like everything is wrapped up in terms of witnesses. the only potential surprise would prince jackson, his oldest son. they will have their own propofol witness. we don't expect surprises, but we'll wait and see. >> i know you will be there. enjoy the thought that it went dark tomorrow. >> reporter: thanks. >> silver lining to everything. thanks again, ted. >> steve was diagnosed with cancer and given five years to live. it was a terrible diagnosis. there was something that kept him alive. we'll hear from him. 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