we have our panel with us this morning. will cain is back. over here, he's usually there. he's there this morning. he's a columnist, of course, for theblaze.com. michelle is joining us, contributor to "newsweek" and daily beast. and also oh with have new -- is eight book? "kingdom come"? >> first book. >> they have like five pages on you. and "the means of reproduction, sex, power, and future of the world." >> my second book. >> where are your books? >> contributor and democratic strategist joining us as well. welcome to all of you. our "starting point" this morning is some very big dwobmentes happening in afghanistan. also fwhn deadly suicide car bombing. also an attempt by the taliban to try to poison the food of nato troops. it's all confirmed that food was contaminated at foreign operating base near the afghanistan/pakistan border. they found traces of bleach in fruit and coffee. no one got sick or even hurt. overnight there was a suicide car bomber who was able to kill 9 people and injury 12 people right outside the gates of eastern afghanistan. no americans were among the victim there's. the taliban though is saying it is in retaliation of the koran burning. let's get right to nick paton walsh, live in kabul, afghanistan, this morning. nick, good morning. >> reporter: morning. 9 dead, 12 injured. the airport in the east is used as a nato base. some staff personnel were lightly injured and back at work. the concern is seeing the attacks continue in the warmer summer months ahead for the taliban will keep saying they're avenging this mistaken burning of a koran by american soldiers, trying to harness public opinion, public fury on their side. the poisoning today, if that's what it was, concerns about that, too. of course, because it appears that an afghan worker in a dining facility at a base to the east of where i'm standing near the pakistani border, in fact, noticed something was wrong. told his bosses about it. they launched an investigation trying to work out how that happened. but somehow there was bleach, chlorine bleach in coffee and fruit. the soldiers are all fine and eating preprepared rations they have that. there erodes that feeling of trust. the people's food, is that safe? the people that they work with, can they be trusted? all of these things are vital. they must be playing really hard now on the psychology of american soldiers in afghanistan. in the closing year, and maybe months for some of them and the decade long war and the trust of the people they're handing the country over to is something they're really having to assess hely right now. >> thank you, appreciate it. we're going to bring in now the retired colonel david lamb, former chief of staff of the combined forces command in afghanistan in 2004 and 2005. nice to see you, sir. when you see the protests happening in the cities throughout the weekend and the numbers. cities, frankly, have grown. are you surprised at how this has sfpiraled, maybe out of control at this point? >> no, i'm not. quite frankly, the taliban will use this unfortunate incident. we have to keep in mind from a strategic prospective, what the taliban wants here is to keep insighting this violence. working it straight into in may, the chicago conference in which they would hope to either have the coalition or parts of the coalition pull out of afghanistan early or even have the united states talk about departing afghanistan a little early. >> when you say strategic, it sounds like you are saying really ultimately it's not about the koran, it's about something else and leveraging off of this incident which nobody seems to think was intentional to make bigger waves, is that right? >> that's precisely right. if you remember in 2005, in april, there was a similar allegation that korans were defaced at guantanamo bay, cuba. that incident lasted about three weeks, until the story was retracted. but the main difference is if you look at the two incidents, in 2005 there were riots in pakistan, indonesia, palestine, and if you look at this incident here, it's solely confined to afghanistan itself. so oh. >> what does that tell you? >> well, it tells you that the rest of the muslim world looks at this as an accident, as it was, regrettable accident. but it also tells you that the taliban, although it may think it's an accident, that is not what they're going to tell the r afghan people and they aring in business of winning the hearts and minds of afghan people, using this incident strategically to gain some leverage as major conferences are due up here in chicago in may. >> colonel, this is will cain. it's hard not to look at these protests and be kind of disheartened about our effort there's over a decade now to win over the public. my natural conclusion is, gosh, this is validation forgetting out of here. it sounds like what you're saying here this is less a reflection of public sentiment and more a reflection of the taliban's incitement. is that fair? >> i don't think so. i think that there's a good portion of the afghan population, particularly in the south, that is very sympathetic to the taliban. so that i think that that will pick up and they can pick up on that. these aren't just taliban in the riots. >> right. right. >> colonel, hillary rosen. question. if we are convinced now that the taliban is continuing to be our enemy here, we originally got into afghanistan to push back al qaeda. what is al qaeda's role in any of this? and do we still have them to fear in afghanistan or are we really now just fighting the taliban? >> on the first question, i think on certain terms the taliban here is the major factor. the major strategic worry for the u.s. is that afghanistan becomes, again, an ungoverned space in which al qaeda and folks who would be planning attacks against the west would have a safe haven and a base. and so that -- therein lies the problem. now, the u.s. strategy may say basically let's keep some special forces or small operating groups to afghanistan no come back. but the fact of the matter is, if the population were at large, does it want you there, is going to be very hard to keep the base there. >> before i let you go i want to ask you the impact of a couple of things that happened. the president has apologized. certainly for the folks who are running to replace the president, they've had a very heightened rhetoric about what to do in afghanistan. and hamid karzai also has called for, you know, i forget his exact phrase, basically to calm things down or look at it like an accident. any of these things permeating those crowds? >> no. in fact, i would say hamid karzai, even some americans would agree that his impact over the afghan population is marginal. any admission, any apology like this at this point on the ground in afghanistan, particularly in the south, is seen as number one, not as an apology but it is seen as, quite frankly, admission of guilt. and in any case, a sign of weakness. >> thanks for talking with us this morning. we certainly appreciate your time and insight on this, sir. we have other stories making headlines. indicate baldwin has thoughs. good morning. >> good morning. syria's government says the result of a referendum on changes in the constitution will be available today. meanwhile, opposition activists say government forces killed four people this morning. government attacks against in the city of homs. that's on top of 55 civilians killed yesterday. this as we're learning more about the final moments of marie colvin's life. they report the veteran correspondent died last week in a makeshift press center as she tried to get her shoes to escape a shelling attack. colvin followed the local custom of removing her shoes upon entering a building. also, pakistan has finished demolition of the home where osama bin laden was killed by american forces. only part of the wall surrounding the compound remains and no one is being allowed inside. pakistani officials have not publicly deexplained why they decided to bull dose the house. aaa announcing this morning the new national average for a gallon of gas is $3.70. gas prices have been rising every day for three weeks. why? tension with iran in part has pushed oil prices up to $110 a barrel and that in turn has pushed gas prices higher. and on the eve of the primaries, the very important primaries, michigan and arizona, mitt romney appears to be rebounding and rick santorum may be slipping. a new national gallop poll of registered republicans has romney two points ahead of santorum, in the margin of area reporter. this comes as romney picked up a key endorsement yesterday from arizona governor jan brewer. and rick santorum is laying out his economic reform package in a "wall street journal" editorial just this morning. he's bashing the president for leaving one in six americans in poverty and accuse mitt romney of engaging in obama-style class warfare. among santorum's proposals, pro-growth, pro-family tax policy that triples the deduction for children and eliminates the marriage tax perenniality. restoring america's competitiveness by cutting the corporate tax rate in half no 17.5%. and unleashing america's energy by improving the keystone xl pipeline. "the artist" was the big winner last night at the oscars if you mussed it. winning five awards including best picture. martin scorsese's 3-d "hugo" won and meryl streep won for her performance in "the iron lady". le we'll look at the winners and losers coming up this reminds me, soledad, i have a movies i need to be seeing. >> you're more behind than you thought you were on saturday. ten new movies to go see. that is so true, kate. thanks. did you see this? the post-game press conference has now gone viral. basketball coach pat knight, son of bobby knight, infamous for his really, really, really bad temper. after a loss on wednesday night goes on a rant about his senior players at lamar university in texas where he is the coach. here's what he said. >> i'm not happy with these seniors. that's what i'm unhappy with. it it has nothing to do with xs and os. we have the worst group of seniors right now that i've ever been associated with. we've had problems with these guys off the court, on the court, classroom, drugs. when i played, you act like the way some of these guys did, you got shoved in a locker with a forearm up against your neck. >> i wonder if he was referring to his datd on that one? you know what's interesting though, you listen to his full rant. i can't decide if i love that or hate that. because there is some part of it that's like, guys, come on, you know, we -- >> isn't that something you say to them, not the world at large? >> you know, i think he's mad. he's telling everybody. you're right, i'm sure he said worst to them. that would probably be unprintable. >> publicly accusing your players of doing drugs, though, illegal, fairly stupid. this feels to me, the classic coach's dilemma. they can't play the game, they have to depend on players to do that. this is all about him. this isn't about the players. this is about whether he is going to follow in his father's footstep, deep psychological thing, he's going to win or not. i just wrote that off to a knight temper. >> i think at some point someone gets to say, guys, you're to the doing what you're supposed to be doing. >> it appeals to all of us at some level because we get this sense in our society, not just athletes, but everybody is over-coddled. we need accountability. >> sometimes my own children are over-coddled and you want to be like, do you know how the real world works, family? >> if it takes a knight, the knight family to do it. >> when my daughter gets there -- >> i have to say, also, as to what you said, hillary, if what he is seen as doing is that bad, why are they still on the team? there's more than a press conference called for if it's that bad. >> odd. i don't know what he was referring specifically in that but i thought a lot of that rant was, you know, but his father was famous for like choking, throwing chairs. >> and winning. >> and winning. >> right. >> and never having any issues with the ncaa in terms of like outside of his own personal violence. >> not that we know about. >> and high graduation rate for his players. complicated. still ahead this morning on "starting point," it has been 85 years since the last silent movie won at the oscars. the "the artist" though won best picture last night. one of the biggest highlights came before the show. some people say it was low light. ryan seacrest would say it's a low light. winners and losers, straight ahead. "get real", proud member of the 1% tips, i bet we're going to figure out who this guy is. ♪ dave, i've downloaded a virus. yeah. ♪ dave, where are we on the new laptop? it's so slow! i'm calling dave. [ telephone rings ] [ sighs ] i need a new i.t. guy. [ male announcer ] in a small business, technology is all you. staples easy tech experts are here to help. you must be... ...dave. [ male announcer ] with everything from new computers, to set-ups, to tune-ups. stapes. that was easy. i'm going to own my own restaurant. i want to be a volunteer firefighter. when i grow up, i want to write a novel. i want to go on a road trip. when i grow up, i'm going to go there. i want to fix up old houses. [ female announcer ] at aarp we believe you're never done growing. i want to fall in love again. [ female announcer ] discover what's next in your life. get this free travel bag when you join at aarp.org/jointoday. ♪ tell me something good ♪ tell me that you love me ♪ yay >> you can't hate chaka chan and rufus. >> nice job. let's talk hos ogs kerrs. 84th an your oscar ceremony. billy crystal was back hosting for the ninth time. he had to step in. who dropped out? >> eddie murphy. >> eddie murphy dropped out so billy crystal stepped in. i thought he did a good job. >> please wake up. i'm ready for you to come home. where you belong. >> justin bieber. >> yeah, man, what's up? >> what are you doing here? >> i'm here to get you the 18-24 demographic. >> great, great, thanks. >> cute. cute opening. jessica shaw is a senior writer for "entertainment weekly" to tell us how it all went. you know we sedidn't stay up al night. i thought billy crystal did a good job. >> because you were asleep. >> we haven't seen each other in seven years and she starts out the gate mean. >> no, that's not true. >> did you think that he was -- >> i think he was solid. i think the show was fine. it was solid "b" show. there was nothing amazing or nothing horrible. >> because of the movies? the movies are like -- >> yeah. the movies were bad. certainly a year like, you know, when "titanic," that was a great year for oscarss. when you have movies that people feel passionately about. not that many people even saw "the artist," the movie that took picture, director, actor. >> right. i actually thought it was going to be "the help." i was rooting for viola davis. since it's may show, i with ksa i love you, i wish you won. >> meryl streep was shocked she won. she went over to viola davis. >> here's what she said in her speech. let's listen. >> and oscar goes to meryl streep, "the iron lady." >> when they called my name i had this feeling i could hear half of america going, oh, no, oh, come on, why, her, again. you know? but whatever. >> i thought she kind of captured how the night -- yeah. >> absolutely. i thought it was the best speech of the night. i think even viola davis probably should have won people think that -- i think people thought she was going to win. she didn't unfortunately but merle saved it. i thought she was terrific. >> octavia spencer did win for best supporting actress -- actor? >> actress. >> take a listen to her speech. >> thank you for putting me with the hottest guy in the room. thank you, steven spielberg for changing my life. thank you, stacey for changing my life. i'm wrapping up. i'm sorry, i'm freaking out. >> i love when they give you insight of what's really happening behind the scenes because you know somebody is giving her the hard wrap. >> yeah. yeah. >> she's not taking it. >> famous julia roberts night. stop and stick, man, because the produc producer. >> let's talk about sacha baron cohen. >> he is a movie "the dictator" coming out in may. on the red carpet he was carrying an urn full of kim jong-il's ashes, allegedly. even though we totally believe it's true. he poured them on ryan seacrest. i think it was not planned. ryan seacrest amazingly unflappable looked a him pisset off. >> see him later? get a new tux? >> new tux, i know. >> new tux. >> maybe he knew. >> armani, bring over the new tux. >> who keeps a second tux. i don't know about that. all right. well, we should mention that you have the "entertainment weekly" cover, yes? >> not with me in my -- i have it at all times. >> we have you as in we. >> yes. >> all talking about oscars. >> absolutely. >> nice to see you even though you came out of the gate insulting me. >> insulting the oscar show. >> thank you. >> you were telling the truth, by the way. a little bit of "b," be honest. >> usually, oh, my god, what a disaster. >> that's true. >> all hope for the "a." every year. >> show the spin. it wasn't a "d." that's all good. thank you. nice to see you. still ahead this morning on "starting point," you've heard this story about this investment banker? so bankers right now, not that great a time to be a banker imagewise and this story is not going to help. 1% tip on a $133 bill. and then one of his employees takes a picture, of course, and posts it. we're going talk about that story up next. facebook, reading texts you send when you're using the mobile app? interesting. might want to start reading your terms and conditions, the thing you scroll through. going to talk about all that and much more straight ahead. you're watching "starting point." golly! that is deep snow! can you get me out of it? of course. travelocity? that's amazing. but i'm still stuck. come on, man. dig it! [ female announcer ] travelocity. get great deals on all kinds of beach vacations. ♪ that's michelle's contribution this morning, the smiths, "you just haven't heard it yet." nice little segue. appreciate that. bad pr for the 1% to talk about this morning. investment banker ate at a true food kitchen, the name of the rest raaurant restaurant, at newport beach. the total came to $133.54 on the bill. he tipped his server brianna $1.33. >> not even 1%. >> like, bad math. what kind of banker are you kidding? the picture was posted on the blog called future ex-banker which apparently a guy who works for that investment banker only tipped 1% was running the blog, taken down. i guess he doesn't want to get fired if writer said he went to lunch with his boss, snapped the picture. says his boss notoriously tipped 1% and leaves a tip of his own like his receipt where he tells breanna, get a real job. in addition to it not really being 1% because that would -- that is off. the owner of the restaurant says they're going to try to track this guy down, going to try to make sure that breanna gets tipped in some appropriate way. and he would like to ban him but he said he would like to talk to him first. i would love to know who it is. really. >> the whole world is going to know. we're going to make his life miserable. >> track him down and adjust the tip? excuse me, sir, you owe a little more on the tip? >> no, they will tip her what they think is fair since she was stiffed. >> he needs an attitude adjustment. actually i think problematic than the money, was the snide comment that somehow servers are not doing a real job. >> we know that 1 sprs not a group that you get a card or anything, enter it and therefore you representative of some -- >> some people really are -- >> he is self identified. >> this particular guy certainly is. >> he's self identified. it wasn't on a. new accusation that he's a 1%. we said that's why he lft it. >> that's why he tips 1%. >> people spraying sham pine the protesters. he might not be representative of the 1% but he is certainly not -- but he's certainly not alone, either. >> he's a jerk. m dieing to know who he is. >> individual characterization in the appropriate one we should be making. >> yeah. >> individual characterization. >> okay. will cain says this is a bad -- voice of sanity sometimes. >> i think i will speak for the 1%. >> i got to wrap? me, too. this morning on "starting point," mitt romney goes to daytona to sew that this is a sport that he likes, too, but the comment he made about his el elite of cars makes him look like a rich guy, which he is. and republicans are capitalizing on rising gas prices if president says that there might not be much he can do to get them down. now democrats are pushing them down as well. muslim man accuse of attacking which was a costume, a zombie mohammed costume on halloween. the judges s ttossed the kay s you don't have the right to offend on the amendment. you're watching "starting point." we'll be back in just a moment. and who ordered the yummy cereal? yummy. 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[ male announcer ] the capital one cash rewards card. the card for people who want 50% more cash. what's in your wallet? ha ha. ♪ we got some headlines to get to this morning. be let's gets right to kate balduan. >> commuter train flips off the track killing three railroad workers and injuring passengers. the train was traveling from niagara falls and derailed west of toronto yesterday. officials are investigating what caused that wreck. two men have been arrested for plotting to assassinate russia's president vladimir putin -- russian prime minister, i should say. the men were reportedly planning a suicide bombing. state tv says they were turned in to police last month. meantime, 11,000 protesters rallied against prime minister putin in moscow sunday. beloved human rights and peace icon nelson mandela is now home after a weekend surgery. family members tell cnn 93 man dell that was admitted to the hospital for hernia treatment. the former south african president is in comfortable and satisfactory condition. sources reveal the gulf oil spill trial delayed as bp and the plaintiffs are working to reach a settlement. the trial was scheduled to begin tomorrow but sources tell cnn it is now scheduled to start next monday. gop candidate rick santorum reportedly granted secret service protection. a source tells cnn santorum is set to receive security sometime this week. right now mitt romney is the only gop candidate with a secret service detail. newt gingrich also reportedly seeking protection. a source from his campaign says he has submitted the appropriate paperwork. gingrich appears tonight on cnn's "piers morgan" at 9:00 p.m. eastern. facebook reportedly spying on its users personal text massages to the london newspaper sunday times. it reveals facebook has admitted to reading the tex messages to users who download their app to the smart phone. it accessed them as part of a trial to launch its own messaging system. facebook is not the only one. yahoo! messenger, flikr and others access users' personal data. let's get a quick check of the weather with rob marciano. good morning, rob. >> good morning. we start you off in an area of the country that desperately needs the rain and it's getting it. the past two day, but don't want it. north florida. the rain continues to come down. daytona 500 postponed because of rain for the first time in over 50 years. and lo and behold, if you went 50 miles to the south of daytona, dry. again today, rainfall. appears to be some drying behind this but that likely not to come until late this afternoon. trying to get a green flag going at noon. doubtful that's going to happen. maybe 3:00 or later. that's certainly possible. dry across the northeast today. watching a couple of strong storms. west coast, one of which will get through the four corners and the rockies here. threatened the severe weather tomorrow. rain across chicago. back side of this, significant snow and wind. blizzard watches have been posted for parts of the dakotas and western parts of minnesota. the eastern third of the country is on the mild side. 55 degrees expected for the high temperature of new york city. 59, mostly dry in atlanta. back out to you. >> daytona fans crossing their fingers. probably saying a little bit of prayer right now, you got to get it down. thanks, rob. back to soledad. >> kate, thank you. it might seem that every single time you turn your back gas prices inch up. this morning aaa is reporting the national average is now $3.70 a gallon. that's up a penny from yesterday. and up 13 cents from just a week ago. price spike is getting political, of course. republicans are blaming president obama. and over the weekend the president said not much he can do at the moment. here's what he said. >> you know there are no quick f fix toes this problem and you know we can't drill our way to lower gas prices. if we're going to avoid these spikes down the line, then we need a sustained, all of the above strategy that develops every available source of american energy. oil, gas, wind, solar, nuclear, biofuels and more. >> simon constable is a panelist here this morning p you heard the president basically saying nothing i can do about it and listed all the things part of his political agenda as well. is that true or not true that there's nothing the president could do at this point about these prices? >> it is true in the short term. it's not the thing you say in an election year though. i think it's a really bad move to say, hey, people, i am the president and i'm completely impotent on this matter. i can't help you. i think the american people want something. they want someone who can do something. >> well, the democrats themselves, specifically three house democrats, congressman marquise, welsh have all sent a letter basically saying, you know, open up the strategic poet troll yum reserves. >> there's only a price issue here. we have prices high because there is a low-level war or warring going on between iran and israel, bumping off each other's operatives. all around the world. it's making speculators and people who need oil scared. that's what's happening. if i was a speculator i would be doing it, too. what i think needs to happen is hillary clinton needs to go bang some heads together and she does this well and make the two countries make peace. >> and that's what -- >> yes. that works. >> basically what you're doing here is criticizing the president for leveling what the person people and not demagoguing and making false pro misses which seems to me is a plus and something that we should celebrate the president for and try to explain, if you are saying that it is indeed true, we should explain to people that that is indeed true if other thing that's -- >> it just doesn't run very well in an election year when other people aren't going to be as level. >> i guess it doesn't rhyme well in part because analysts who kind of are constructing this narrative say that it doesn't run well. >> did you say meta narrative on my show? >> i'm sorry. >> the other thing that's so rich here is you basically have republicans who, on the one hand are, you know, itching for a strike on iran who want to ratchet up hostilities and at the same time are using the fact that these hostilities are rach che cheting up and it raises gas prices. >> at the end of the day it comes down to what i'm paying. today 14 cents more. >> if he can do something in the short term, he should. there is no obviously like you said and everybody knows -- >> the president didn't say he's e impotent on energy. >> that was not a strong speech. >> when people pauk about $2.50 a gallon of gas is that realistic at all? >> it's not realistic in the short term. at all, no. i mean, not with -- and i just got -- on the east coast here, remember where i am, we benchmark our gasoline prices off brent crude. and brent crude, $126 a barrel. that's a lot. you will not be getting $2.50 on east coast gasoline any time soon. >> the only way to lower gas prices is to change the equation of supply and demand. and that's what the president is talking about. we need alternatives to gasoline and until people really deal with that substantively. >> that's not going to change what i pay tomorrow at the pump. >> it will not. >> it's not going to change -- >> but that's exactly what it needs to be. >> sounds like the only way to change gas prices in the short term saying we are not going to war with iran under any circumstances and that's not going to happen either. >> simon, thank you very much. >> thank you. still ahead this morning on "starting point," free speech case, man who's allegedly attacked by a guy who is muslim because he's wearing a zombie mohammed halloween costume. the judge in that case says you don't have the right to be insulted. kind of weird. we'll talk about that. lalso, mitt romney trying t connect with blue collar. talk about all the cadillacs he owns. is it a major fail? 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[ male announcer ] progresso. you gotta taste this soup. ♪ that's will cain's play list "dire straits". mitt romney, i feel like we've done this segment many times over the last several months, his ability to connect with voters, came after his comments he made in detroit on friday. listen. >> i love this country. i should love this state. this feels good, being back in michigan. you know the trees are the right height. the streets are just right. i like the fact that most of the cars i see are detroit made automobiles. i drive a mustang and a chevy pickup truck. ann drives a couple of cadillacs, actually. >> really? >> the man's got money. >> i get it. i get it. >> big breaking news that the guy is rich. we get it. i don't think that that is the issue. it's more like why, when you're trying to connect with your potential voters, why would you bring that up? it's not -- everyone gets it. he's rich. >> let's put one more thing on the table, over the weekend in nascar, he said, well, i don't really follow nascar but i'm friends with a couple of team owners. >> let's play that. >> okay. >> i'm sorry. we'll do it. i don't think we have the audio. >> one of the things that i think is interesting about romney is he makes these mistakes only when it comes to money. otherwise he's very disciplined. i think part of it is because he really does believe that his wealth -- the one genuine thing about him is his sense of entitlement and his sense of pride in his own wealth. >> i think that's -- i think that's actually unduly, unfair. i don't think get the sense that he feels entitled. >> the word entitlement you chose so precisely. >> when he says that he's constantly saying, well, if anybody -- i've been very successful. i've been very successful. >> he has. >> he has, but he's not humble. he sees that as giving him a special political -- he certainly lucked into starting point, son of a governor and gets the legacy admission harvard. >> he's worked hard. i'm not disputing that. i also think that he believes that his wealth gives him special political insight and he does an amount of contempt for people who are not rich. >> i have to say i would disagree with you. i don't see in his comments contempt -- hold on. i don't see in his comments contempt. i'm always though very fascinated, will and i have had very many conversations. you're right, his stumles are always about money. >> here's why. it may be amazing to a group of people who go on tv and in an industry where this might be common. if you were forced to always put yourself out in public and pretend like you're something that you're not you might be stumbling. if what i'm telling is he is being who he is. he is a wealthy man who i think has earned his wealth. he's not entitled to it. therefore, if we're going to judge him like he should be pretending his not wealthy he's going to fail. be yourself, mitt. >> he's being real. that's who he is. >> you find that offensive and i do not. he has a few cadillacs, big deal. >> the issue, actually don't think he acts entitled. i think he acts out of touch. i think that's different. the issue that is that he doesn't seem when he talks to understand and communicate to somebody that they come from a different perspective. that's -- >> why did president obama for being who he was and not pret d pretendipreten pretending who he was. here we are five minutes later. >> i'm saying this is who he is. >> we all agree this is who he is. >> a well think man. >> i would argue if you want to win the presidency you might want to figure out how to articulate a connection to other people. >> real and genuine. >> that may not articulate a connection. >> sounds insensitive. >> we're going to stop. >> will still ahead on "starting point," we're going to talk -- another fight here. free speech case. a case of a man allegedly attacked by a gentleman who is muslim because the original victim was dressed as a zombie mohammed. the man who was a muslim said he was offended and attacked him. the judge weighs in on the case against the vick film. we' . stay with us. my wife and i have three wonderful children and they make my life just perfect. we were having too much fun, we weren't thinking about a will at that time. we were in denial. that's right. [ laughter ] we like our freedoms, but at the same time we have responsibilities to the kids and ourselves. we're the vargos and we created our wills on legalzoom. finally. [ laughter ] [ shapiro ] we created legalzoom to help you take care of the ones you love. go to legalzoom.com today and complete your will in minutes. at legalzoom.com, we put the law on your side. a little bird told me about a band... ♪ an old man shared some fish stories... ♪ oooh, my turn. ♪ she was in paris, but we talked for hours... everyone else buzzed about the band. there's a wireless mind inside all of us. so, where to next? ♪ welcome back, everybody. there's been a court ruling in the state of pennsylvania that has sparked some controversy. it started back in october during a halloween parade. a man who was dressed in a zombie mohammed costume says he was attacked by a muslim man who saw him walk by. he filmed the attack on his cell phone. listen. >> i am mohammed the prophet. >> that is ridiculous. >> hey, hey, no -- stop, you're on film. police, hey! >> what's going on? >> he's attacking me. come here, cop >> well, that was some of the most unclear cell phone videotape i have ever seen in my whole life. but basically, the victim in this case, the man who was marching in the halloween parade, said that the guy who was watching the parade who was muslim tried to rip his sign off that said he was mohammed to make his costume make sense. all went to court. the judge dismissed the case. the judge himself is facing criticism now for what he said to the man who was the alleged victim. the alleged victim recorded it in the courtroom, and then kind of edited it together and released it online, and here's how it goes. >> i think our forefathers intended that we use the first amendment so that we can speak with our mind, not to piss off other people and cultures, which is what you did. >> we tried to reach the judge. his name is mark martin, for comment. and we haven't been successful, though. he did release a statement online where he said he is not a muslim. part of the tape indicated that he was muslim. very confusing case. let's get right to jonathan turly, a professor of law at george washington university. some of this is so confusing to me. i know you have tremendous issue with this case. what do you think is for you personally the most offensive thing in this case? >> well, the most offensive thing is judge martin's view of the first amendment, whether or not he is a muslim or a lutheran doesn't really matter. what really matters is that you have a judge who tells this man that quote outside the bounds of the first amendment. >> wearing the halloween costume? >> that's right. and that's perfectly bizarre. the first amendment is not there to protect popular speech. you don't need an amendment to protect popular speech. it's there to protect people like thomas payne, people that frankly tick off others. and so he got it in the reverse. and that is a serious issue. for him to look at. and i think that the tongue lashing he gave was -- >> to the victim in this case, the guy who was marching in the parade and who brought the suit in the first case, the judge actually sort of lit into him and called him a doofus at one point. >> yeah. and what's really troubling is he makes a reference to sharia law. he says in other countries, you could be put to death for this. well, yeah, and we're not one of those countries. those countries apply a medieval form of law, and those are the antithesis of what we are supposed to be doing here. one of the concerns of civil libertarians is there a trend in the west towards criminalizing towards blasphemy or anti-religious speech. so we're all a bit sensitive when we see a u.s. judge making these types of statements. >> i thought there were a couple of things that were interesting. the gentleman who was muslim was watching the parade with his kids and he said one of the reasons that he had to go in and attack the guy who was in the parade was because he is with his kids and he wanted to show them that people have to be treated right. so that in it of itself was kind of crazy. but i was surprised that this was not an assault case, that it was harassment case. because at least from the description it sounds like he then went and tried to rip the sound off of him and grab the beard off of the costume. >> soledad, i thought it looked like assault as well. and that makes the dismissal of the harassment charge even more curious. now it's true, in judge martin's favor, it is true that there was incomplete testimony. that there was a difference of opinion. but the officer here issued reports supporting the harassment charge. you have a videotape. and the judge said, i don't doubt this incident occurred. so putting aside whether he felt there was sufficient evidence, i would have that he would have given a lecture to the defendant, no matter what your cultural impulse or your beliefs, people are allowed to say things that disturb you in this country, and you're not allowed to grab hold of them. >> he gave that exact lecture, though, to the victim, which was sort of odd. so what are the long range implications of this? does this spell trouble for the judge now that it's recorded? it was edited and pieced together by the person who posted it online, the victim has said. what lhappens next, do you thin? >> well, the judge supposedly threatened him with contempt for releasing that tape, although it seems to me that public trials are guaranteed with limited exceptions and this is why we are allowed to see these problematic statements. but there is a trend against free speech in the west. some of our closest allies, england, france, and civil libertarians are watching it closely. it primarily deals with anti-religious speech. and this judge is certainly capturing part of that trend. we have to be very careful about these types of statements. >> jonathan turly, nice to see you as always. thanks for clarifying. i was confused when i read that story this morning. still ahead on "starting point," starbucks ceo howard schultz will join us. really ultimately their business is about selling coffee. but his idea is to really improve the community with that coffee. we'll talk about that. and the taliban is claiming a deadly bombing and an attempted poisoning they say is revenge for the mistake of burning the muslim holy book. 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( announcer ) fly without putting your life on pause. be yourself nonstop. american airlines. good morning. welcome, everybody. our "starting point" this morning is claims by the taliban for responsibility for a deadly blast, and also an attempted poisoning. retaliation, they say, for the mistake in burning the qur'an. sglt starbucks ceo howard schultz is joining this morning and he'll talk about his company is trying to create jobs and boost the economy. and who are you wearing? for ryan seacrest, the answer was maybe the ashes of a dictator. no, it was all a prank. but we'll tell you how he got punked on the red carpet at the oscars last night. "starting point" beginning right now. ♪ unchain my heart ♪ let me go my way ♪ unchain my heart ♪ unchain my heart ♪ unchain my heart >> we've had a really good morning. that's howard schultz's choice, ray charles, "unchain my heart." he'll come talk to us in just a few minutes. michelle goldberg is joining us this morning. will cain and hilary rosen are back. nice to have you both. let's get right to the violence in afghanistan. there's been a deadly suicide car bombing that happened overnight. plus, the taliban is claiming credit for trying to poison the food of nato troops. the food was tampered with at a forward operating base near the afghanistan-pakistan border. traces of bleach were found in both fruit and coffee. nobody was hurt or even sickened. the overnight suicide car bomber killed nine people, though, injured 12 others at the airport in eastern afghanistan. there were no americans among the victims. the taliban, though, says it is in retaliation for the qur'an burning. let's get right to nick payton walsh live from kabul this morning. good morning, nick. >> reporter: morning, soledad. what we're hearing today is of course the taliban coming forward quickly and claiming this suicide attack, which apparently damaged four civilian cars, some personnel lightly injured but we understand they are back at work now. it's not clear what the precise target was. but as you say, nine civilians were killed in this. it's not clear really if the taliban had planned this a long time ago and are just trying to claim responsibility for it now, suggesting it's part of the qur'an burning response for some sort of political capital, but i'm sure what people will be worried about in the months ahead is if the taliban consistently try to claim they are avenging this burning of the qur'an. that could spoke popular anger here. perhaps even see some people share a common cause with the insurgency after this decade-long war. but i bring you to another event today also which is causing concern amongst many people. as you mentioned, this perhaps attempted poisoning further east near the pakistani border. we understand that an afghan worker in that dining facility went to his bosses after he said he found bleach -- chlorine bleach in the coffee and fruit there. they launched an investigation. nobody was hurt. nobody was poisoned. they are not sure whether there was deliberate. it does seem strange how you get that much bleach into food, and everyone out there on that base is apparently eating prepackaged rations. this is one of those instances after the minister of interior shooting we had on saturday, a shooting we had on a base on thursday, which have all claimed together four american lives, this perhaps attempted poisoning is making people really worry about that trust relationship between afghans who work with americans and nato troops here. the nato troops desperately trying to train them, getting them ready to take over security of the country so they can start their withdrawal. instances like this now growing, and growing in the intimacy of them as well, making many of them worry that trust relationship could perhaps be severed. >> nick for us this morning. thank you. kate baldwin has some other headlines for us. good morning. gas prices still the big story, climbing closer and closer to the $4 mark. they went up another pen overnight. the national average for a gallon of unleaded is now $3.77, up more than 12% since the start of the year. north korea announcing it is prepared to fight a war against the united states and south korea. that warning as the u.s. and south korea prepare for their annual joint military drills. the north considers those drills a preemptive strike and claims they are really preparations for a nuclear attack. lockerbie bomber ma graf he says he is the innocent victim of a fraud investigation. he is quoted in a new book. the author worked on his legal team for three years and says the book contains, quote, conclusive new evidence which destroys the prosecution case and discredits the scottish justice system. another primary is upon us. michigan and arizona are up for grabs tomorrow in the republican race for president, and a new national gallup poll of national republican has mitt romney two points ahead of rick santorum. that represents a 12-point swing in one week with romney picking up a key endorsement yesterday from arizona governor jan brewer. for the first time in the 54-year history of the daytona 500, the race will be contested on a monday. weather permitting, that is. the event was postponed by rain yesterday, and officials plan to wave the green flag at noon today. but the rain isn't letting up. and officials say they'll start the race under the lights tonight if they have to. a silent movie is the talk of tinseltown this morning. "the artist" goes home with five oscars, including best picture, director, and actor. martin scorsese's "hugo" also won five academy awards. but the moment everyone is talking about this morning happened before the show, when sacha baron cohen dressed up as his new character dumped an under all over ryan seacrest's tux. >> the interesting thing, it's actually -- oh, sorry. you've got king jong ill on you. wait a minute. we have to clean this up. if somebody ask you what you are wearing, you will say kim jong il. >> if you missed it, he said, you've got kim jong il on you. according to a story, ryan seacrest could press charges against the actor for a stunt, but of course, soledad, that would just draw this out even more. >> which is exactly what he would love. he is promoting a movie, people. hello. but ryan seemed pretty depend with that. >> i don't know how i'd handle that. >> he's a pro. he's like, i'm really mad but i'm not going to show it. well, starbucks in harlem is not just brewing coffee. it is sort of a new model for doing business. the pilot program is a partnership with local organizations trying to raise money for disadvantaged young people. five cents of every purchase goes towards job training and social services. >> part of the money that they have given us has helped us really strengthen the curriculum in our elementary school and provide professional development and support for teachers so that in one year, we increased the number of third graders reading on grade level by almost 20%. that's the type of impact the investment has had. >> a real tangible change. and starbucks ceo howard schultz is joining us this morning. why this pilot program? was this a shift from giving money to sort of investing? >> i think we have to recognize that we are living in a time right now where government unfortunately can't solve all the problems we have. i look at what's going on at the state level. almost 42 states out of 50 are facing a budget deficit. there's going to be significant cuts in social services. at starbucks we are asking ourselves a very important question, and that is how can we use our scale for good. five cents doesn't seem like a lot of money, but it will be $100,000 in harlem. and we plan to giveaway as much as we can not only to underserved communities but to make a statement that we need to turn inward and look at ourselves, and as business leaders and as businesses in general, we too have a corporate responsibility to the people in the communities that we serve. and what i'm saying to say is it's not just about making a profit. we're a public company. that's our responsibility. but we believe strongly we have to balance profitability with a social conscious. >> you have said this is about reinventing capitalism. who do you want to follow you? there are people following you already. >> i think there are significant like-minded business leaders who are we talking to. we'll probably announce a couple of new partnerships in the next couple of weeks. we have raised almost $8 million. >> this was to get people to buy those at $5 a pop to create a fund that would eventually free up capital for -- >> well, the point is that small businesses are the engine for job creation in america. 13 million people are unemployed. almost double that in some areas of african-american and hispanic communities. again, we said, what can we do? we noticed that small businesses were not getting access to credit. all of the money we raised goes to small businesses to try and do everything we can to create jobs. we've done a lot of that already. >> what's wrong with the model of just giving the money, writing a check, which i know you guys do, and just handing out $100,000 to the adc? >> i think we learned a long time ago it's not about writing a check. it's not about marketing our press release. it's about a deep level of engagement and participation. and a partnership in which our people issue the community at large, can come together and do something in which the whole is much greater than the individual pieces. >> can i see the bracelet? >> sure. >> i think these guys want a better shot of it. and what a good marketing opportunity. oh, you have two. >> no, it's one. but it says "indivisible" on it. >> can you see that? so my question for you, is this something that you came to because you grew up poor in the projects? i read your book. i liked it a lot. or is it because as a businessman, you think this is a strategy that is going to make money for starbucks at the end of the day? >> this is not about making money for starbucks, not about marketing for star bbucksstarbu. it's true i grew up in subsi di subsidized housing in brook lin. but it's not about that. we are living at a time in which we cannot embrace the status quo. the government cannot embrace the status quo and neither can business. we need to be more nimble and entrepreneurial and we cannot allow the gaps between the haves and have-nots get wider. in a sense, it's good business, but it's not aboutso selling mo coffee. it's about showing more responsibility. >> you have been disappointed on both sides the way you blogged about it and write it about it -- >> you have to bring that up? >> yes, we do, i think. i know certainly after the debt ceiling crisis, you were really, really mad. and said you were going to withhold funding anybody. and you were asking other people to come onboard with you. how many people ended up joining you? >> almost 170 ceos from both sides of the aisle joined me from suspending contributions to incumbents, and we maintain that. and i think what we have asked for is we wanted to see civility. we wanted to see citizenship over partisanship. and i just felt this was no time to give money to politicians. when i think that there's going to be $6 billion spent in the presidential election cycle, there's something profoundly wrong when you look at what's going on in the country. and we're going to spend $6 billion on that situation. >> well, on the other side of this commercial break, we'll talk about whether or not you are seeing any of this return to civility. i'm going to say no, but that's because we talk about it every day. also we'll talk to dick durbin live. plus, turning the tables on teachers. they published in new york city the teachers' grades, and that could have national implications. we have a short break and we'll continue our conversation on the other side. ♪ [ woman ] i was ready for my trip, but my smile wasn't. 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[ male announcer ] ...without their even knowing it. that's the value of performance. northrop grumman. ♪ where the sun never goes out ♪ ♪ and the sky is deep and blue ♪ ♪ won't you take me american flight 280 to miami is now ready for boarding. ♪ there with you fly without putting your life on pause. be yourself. nonstop. american airlines. ♪ every day is a winding road ♪ i get a little bit closer ♪ >> we judge people very harshly on their musical taste. this is "every day is a winding road." howard schultz's pick. very good. two for two. we were just talking about civility in washington, d.c., and i think also just getting stuff done. if you look at how people perceive politicians, congress, 10%, i think, you know, approval rating. i think it's just 9% now. >> it's only family and friends approve. >> because their spouses are voting for them, and that's it. but how do you get there, do you think? >> well, i know that senator durbin is coming on, so i want to be careful. what i would say is that in our lifetime, and this is a rhetorical question, do you think there's ever been a time where you have seen so much partisanship, ideology? >> no. and almost everything, especially now, is through the lens of whether or not it's going to affect my election in a positive way. and when i hear the politicians talking about we're going to do the people's business, i mean, i just shake my head and say, are you kidding me? when there's so many things going on. so i think as a result of that, there's so much cynicism and a lack of trust and confidence. and in a sense, this is -- i don't mean for this to sound like an overstatement, there's a political crisis, a crisis of confidence and leadership in which we do not feel represented by the people in washington. >> so when did you become a political activist? that's what it sounds like. >> i wouldn't say i'm a political activist. >> i think some people would say you are. >> i would say i'm a proud american who is profoundly disappointed in the direction of the country, and feel as if -- and i don't want to blame washington to the point where they are the problem. the problem is that washington is not doing their job, and businesses and business leaders need to do more. and i think that's what i'm trying to do, speak up in a way that is civil, respectful, but at the same time i want do something. >> what are you doing? you have 17,000 stores in 50 states, and i think 56 countries as well. >> yes. >> and you have been on a hiring increase. >> yeah. we're hiring. we're going to remodel 1,700 stores, open up more than 200 in the u.s., hiring thousands of people. and we're doing everything we can to use our scale for good and demonstrate to other businesses and business leaders that we too need to step up and we have a responsibility. >> do you think the business community as a whole will follow you in that? do you feel like you have to blame d.c. before the business community comes in and says, ok, we can create a fund that will allow for capital that is easy to be accessed by small businesses who often have a problem accessing capital? >> i think business leaders more than ever before recognize that if the middle class is left behind, that's just not good business. so if they're going to look at it through the lens of that, as a result of that we need to create both social and fiscal programs that do everything we can to help small businesses, help the middle class, and in doing so, it is going to be good business. but make no mistake. what we're doing in harlem and with the development group is not about marketing, not about the brand. we want to do things to help the people who are being left behind. and in a sense, and this question has been asked to me a lot, isn't that the role of government? well, the answer is yes, but we're not going to wait. we're going to do our part. >> what's been your biggest surprise about the harlem store? >> the biggest surprise is the way the community has embraced the store. the pride that people have. and i think people stepping up for the wrist band, the fact that almost 600,000 people are wearing the wrist band around the country. >> i just got one. i just found one. >> i think that demonstrates a lot. and we now have real live stories of people who have gotten loans who are hiring people and starting businesses. and that's a win-win for us, for the country, and we're just trying to do our part. >> howard schultz, great to have you this morning. >> thank you very much. senator dick durbin will join us live. he says he's known newt gingrich for decades and rick santorum as well. and he has his thoughts about either one of them taking the white house. we'll talk to him straight ahead. stay with us. they've been committed to putting clients first. helping generations through tough times. good times. never taking a bailout. there when you need them. helping millions of americans over the centuries. the strength of a global financial leader. the heart of a one-to-one relationship. together for your future. ♪ you get a 50% annual bonus. and everyone likes 50% more cash -- well, except her. no! but, i'm about to change that. ♪ every little baby wants 50% more cash... ♪ phhht! fine, you try. 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[ male announcer ] the capital one cash rewards card. the card for people who want 50% more cash. ♪ what's in your wallet? ♪ what's in your...your... >> i like this. i like this. let's just let it play. ♪ "mercy, mercy, mercy." >> like that. that would be the senator's pick this morning. senator dick durbin. but first, our top story, which is a suicide bomber who has attacked nato troops in afghanistan. and also this attempted poisoning at nato as well. traces of bleach have been found in coffee and fruit. the taliban is now claiming responsibility. it's all part of these deadly demonstrations and violence that have been tied to the burning of qur'ans at the u.s. base. the president apologized to hamid karzai, and called the burnings inadvertent. gop presidential candidates, though, continue to slam that apology. here's how it went on sunday. >> we made an enormous contribution to help the people there achieve freedom. and fors us to be apologizing at the time like this is very difficult for the american people to countenance. >> there was no act that needed an apology. it was an inadvertent act, and it should have been left at that. and i think the response needs to be apologized for by karzai and the afghan people of attacking and killing our men and women in uniform. and overreacting to this inadvertent mistake. majority whip senator dick durbin of illinois is with us. he serves on the judiciary, appropriations, and foreign rules committee. thank you for joining us. >> good to be with you. let's talk about afghanistan where things seem to be spiraling out of control. you heard from the republican candidates, apology is a mistake. do you agree with that? >> not at all. and understand, just go back to history a little bit to 9/11. president george w. bush, i sure had my differences with him, but i thought he got it right and he stuck with it through his presiden presidency. he said our war is not with the religion of islam. our war is with those who would distort it and turn it into war. i think that was a bright spot. now listen to the republican candidates. they are at war with islam. >> senator durbin, i haven't heard one thing to tug that. how are they at war with islam? >> newt gingrich saying that the president is guilty of appeasement that he believes we should not have destroyed these qur'ans and should have basically said we're sorry that it occurred. >> i don't see how that amounts to war on islam. >> what you listen to is incendiary rhetoric coming out in a very delicate situation. lives are at stake here. the president is showing leadership. the president is stepping up, trying to calm a situation. these three candidates are coming on television doing the opposite. >> so we're told by analysts that it doesn't matter, that's not permeating the apology. that hamid karzai is telling his own folks that none of it is actually really making much of a difference. what's the if ix >> the fix is to be blunt with you is to follow the president's lead and bringing the troops home, the sooner the better. i was one of 23 who voted against the invasion of iraq. voted for the invasion of afghanistan to go after al qaeda for what they did to us on 9/11. i thought it was the right thing to do. i didn't know i was voting for the longest war in our history. al qaeda is now a shadow of its former self. osama bin laden has been caught and eliminated at this point. and still we are present in afghanistan. dramatic commitment of american lives and american fortune and no end in sight. our hope is to turn this over to the afghans. at this moment in time, it appears we are a long way from having a trusting and working relationship. we need to start gearing ourselves into a new position, bringing our troops home. >> let's talk about gas prices. here is what your friend, newt gingrich, colleague of yours for a long time, had to say about gas prices. listen. >> i think if we go all out for energy independence to get free of the middle east we can get to $2.50 a gallon. >> even as gas prices have doubled. >> we now have $4 a gallon gasoline. some are suggesting it's going to be $5 or maybe more. this year. why? because the president's doing nothing. >> is the correct answer to free up the strategic petroleum reserves? >> it is a temporary fix. it might show some modest impact on gasoline prices for a short period of time. what is interesting is we are moving into a new era because of a number of things. fuel efficiency in cars being one. the alternate fuels, which we have used like ethanol, being another. new finds of oil in the united states and offshore. and we are exporting oil, which is kind of -- in refined products. >> more than we're importing? >> yes. and what we are seeing is a market that should be bringing gasoline prices down. i think what it indicates is that these market prices are not really reflective of market conditions. they are reflective of some -- >> but aren't the issues, many of them with iran, really going to be the problem? >> no doubt about that. if there was anything near war or confrontation in the middle east, it would impact the flow of oil. as it's diminishing, it's still very important to the united states economy. >> so the high prices are totally correlated to that uncertainty. >> on the suspicion and uncertainty. but what i have found when it comes to oil companies and gasoline prices, any excuse will do. and they react, and reflect, the headlines. they hardly ever react the other way, that things are nice, let's get back down to $2 as some of the candidates are promising. >> how does that factor into the election, do you think? people will be mad. i mean, you're paying more at the end of the day, no matter what the reasons are, whether it's iran, the strategic petroleum reserves, whatever. if you're paying more, you're going to be annoyed. >> what it boils down to, we have had 23 straight months of economic growth in this country. five straight months where unemployment has gone down. gasoline prices are a big factor in retail sales. and whether people are living paycheck to paycheck. so if we're going to continue to see economic growth, we really have to hope these oil prices start stabilizing, gasoline prices stabilize. but i have found because i dust off the release every year that every spring we go through this. gasoline prices go through the roof. politicians scream bloody murder. at the end of the day, at the end of the investigation, nothing changes. we wait for the next year for it to appear the same way with gasoline prices going up. >> you worked with newt gingrich 30 years. right? >> i have known him for 30 years. >> rick santorum, 10 years or something like that? >> long time. >> give me your take on both gentlemen. >> i think we are coming to understand who they really are. >> what does the that mean? >> benefitingallthere are many, worked with newt gingrich. very few are supporting him. on rick santorum's part, what we are seeing now as he tries to bring the cultural wars to the front, make this part of the campaign, is a real definition of who he was in the united states senate. it was always a cultural war. it was always a battle about sexual preference or a woman's right to choose. for him, that consumed him as a united states senator. and i think that's what's leading his campaign. so as a campaign unfolds, we learn who they really are, what their values really are. >> senator, nice to have you this morning. appreciate it. >> thank you. still ahead this morning on "starting point," new york city releases grades of teachers. and some are scoring low even if the kids in their class are acing the tests. california thinking about banning smoking even in your own backyard. those stories and much more in a moment. 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[ female announcer ] discover what's next in your life. get this free travel bag when you join at aarp.org/jointoday. >> announcer: this is cnn breaking news. good morning. welcome, everybody. some headlines to get to coming to us out of afghanistan. let's get right to kate baldwin with that. >> first some breaking news. details coming in right now. you're looking at aerial images here from the cleveland akron area of ohio, where a school is on lockdown after a possible shooting there. this is the charden high school. we don't have -- we do not have that confirmed whether or not the lockdown has to do with a possible shooting, but obviously we are looking into more details because this is a very fluid situation. we'll have much more on that as it comes in. other headlines that we are watching, 22 passengers on a carnival cruise ship from california were robbed at gunpoint while docked in mexico late last week. no one was hurt, but valuable items including cameras, cash, and watches were stolen. carnival is apologizing. and a scuffle at a hospital lands douglas kennedy in hospital. he is facing misdemeanor charges for allegedly fighting with two hospital nurses while holding his newborn son. kennedy says he was trying to take at baby for a walk about, you two nurses tried to stop him. nurses say the child was not yet discharged. kennedy allegedly twisted the arm of one nurse and kicked the other. he is charged with harassment and child endangerment. a trial will resume in april for 16 americans facing criminal charges in egypt. the americans are part of a group of international aid workers accused of fraud and of stoking unrest in the country. 14 of them showed up in court yesterday to hear formal charges read. diplomatic talks are reportedly happening behind the scenes. one of those on trial is the son of u.s. transportation secretary ray lahood. and rick santorum is detailing his economic reform plan in a "wall street journal" editorial. among his proposals if he becomes president, a pro growth, pro family tax policy that triples the personal deduction for children and eliminates the marriage tax penalty. restoring america's competitiveness is another, by cutting the corporate tax rate in half to 17.5%, and unleashing america's energy by approving the keystone xl pipeline. and this story will have a lot of people talking. a town in california is looking at making it a crime for anyone to smoke anywhere outside, even on their own property. the proposal appears to be the result of a bit of a neighbor dispute. a local couple complained smoke from their neighbor's yards was causing health problems for their children. we will obviously have to see where this goes. if it moves ahead, soledad, you can be sure it's going to have a lot of people talking. >> that's just weird. in your own backyard? i sort of feel like -- >> too much. >> yeah. >> apparently they tried to resolve it according to some reports. >> i think he resolved it. and it was done. now there's a law. all right. thank you, kate. let's turn now to developments out of afghanistan. we have been talking about it all morning. pretty violent scene overnight. the taliban now is claiming responsibility for a deadly attack near a nato base that left nine people dead. the taliban says it's all retaliation over the burning of qur'ans. the attack follows another attack that hand over the weekend. two american officers were shot dead. it wasn't in the battlefield but if their office inside a highly secured government building. the person who pulled the trigger has still not been caught. joining us this morning is howard buck, chairman of the house armed services committee. nice to see you, sir. thank you for talking with us. let's talk a little bit about these protests that we have seen continue to spiral out of control across afghanistan now. are you surprised to the degree which you see them growing and not showing any signs of stopping? >> well it just shows what an unstable condition it is over there. and we have made progress, but that progress is fragile. and we can see that it's very fragile. so the thought of two officers killed sitting at their desk, it just --it'sa very scary situation. >> absolutely. because it speaks to someone's ability to infiltrate and obviously have access to those very officers. what do you think is really behind all these protests? obviously, in some way, it is about the qur'an burning. but it seems to me and i think many others it's not just about that. >> well, i think it starts there. but the taliban looks for any excuse they can get to fire people up, and to turn them against us. we are there to protect our interests in the area ever since they trained there to perform the 9/11 attacks. and it's to our interest to make sure that doesn't ever happen again, and to give the afghan people the ability to protect themselves. we're there to train them, to dismantle, defeat the taliban. but at the same time, to train the afghan security forces so they'll be able to protect themselves. if we're not able to do that, and the timelines that the president has put us under and the withdrawal of the troops before we've had the opportunity to do that, puts us in a precarious situation. >> the president has apologized, and some people have said that it was a mistake for him to apologize. others have said that apology is the right thing to do. in either case, it doesn't seem to be making much of a difference. hamid karzai has also pretty much called for calm among his own people. that also doesn't seem to be making much of a difference. what do you think of the president's apology? >> well, i get tired of apologies. i think if the president is doing it because he thinks it will save lives of our troops, i commend him for that. but i think that it's probably not the right strategy. as we can see, it hasn't done anything to calm things down. i get tired of the fact that we apologize when they kill our people. and i just have -- i just have a real problem with that. >> what is the right strategy then? >> well, i -- it's a difficult situation. but i think when the president gives timelines, not based on conditions on the ground, that's the thing that puts us in jeopardy. i supported when he sent the troops there to provide the additional manpower to make the progress that we needed. he didn't send the amount that the generals requested. but it still gave us more support there, and we made great gains in the south. we're trying to make those gains now in the north and in the east. but he pulled 10,000 troops out this year. he's talking about pulling out another 20,000 plus this year before the fighting season is over. instead of following timelines, we ought to make these changes based on conditions on the ground, recommended by our leaders, general allen and those who are in charge over there. that gives us the best support to achieve the mission that we have. you know, we've committed a lot of lives, and a lot of treasure, over there. and to pull our troops out before we have accomplished it, without doing it based on the conditions on the ground, i think, puts us in great jeopardy. >> michelle, you wanted to jump in. >> i keep hearing republicans say, why aren't they apologizing to us for the deaths of our soldiers? and i want to ask, has there ever been a situation that you're aware of in american history where an occupied people apologizes to the occupier for the things they try to do to drive the hated occupier out? >> well, i think this goes back before occupiers. i think when they have cut the heads off on television of unarmed, noncombatant people, nobody has ever apologized for that. and i think that it just -- the american people see our young people going over there, putting their lives at risk, and then hearing our leaders apologize for things that they do. i just think that people are fed up with that. >> congressman howard buck mckeon joining us this morning. we appreciate your time. >> thank you for having me. still ahead on "starting point," new york city is grading its teachers, and all of those grades made it right to the front page of the new york papers. it had our twitter blowing up over the weekend. why steve perry supports the measure straight ahead. stay with us. welcome back, everybody. we're going to update you on the school shooting we told you about just a few minutes ago. it's happening at charden high school, near cleveland. and we have no real specific word on injuries at this point, but the reports are that apparently two gunmen have gone into the school and they opened fire. they walked up to and injured three or four students. police are on the scene and continue to search for the gunmen. we understand there are children who are trapped inside the cafeteria who have been texting their parents saying essentially they are ok and hiding at this point. and this is all that we know about this story right now. police are searching for we are hearing two gunmen at charden high school, outside of cleveland, ohio, and no specific word on injuries, although either three or four students we understand have been shot at this incident. we'll continue to follow this obviously and update you as we know more about this story. we're going to continue to work on details on that. still ahead this morning on "starting point," turning the tables on teachers. new york city publishing the teachers' grades. the union is calling it a public shaming. is it a good idea? we'll talk about that as "starting point" continues right after this. [ male announcer ] this was how my day began. a little bird told me about a band... ♪ an old man shared some fish stories... ♪ oooh, my turn. ♪ she was in paris, but we talked for hours... everyone else buzzed about the band. there's a wireless mind inside all of us. so, where to next? ♪ ♪ ( whirring and crackling sounds ) man: assembly lines that fix themselves. the most innovative companies are doing things they never could before, by building on the cisco intelligent network. teachers are finding themselves being graded now in a very public fashion amid controversy. new york city publicly released internal rankings of teachers. the teachers union said they are based on inaccurate, misleading information. here to give the final grade is cnn's education contributor, steve perry. this was a huge deal over the weekend. our twin cititte twitter was bl this. it ranked teachers from fourth to eighth grade math and english. why do you think it was a good idea? >> i think it's a good idea because parents need to understand who it is that's educating their children. very often one of the things that parents are looking for are who are the best teachers are in the school. and the best teachers provide the grades that are the most accurate. more specifically, when you spend your kids to a low performing school, and they have an a average, most schools don't see that as an a average. so parents need to know who is adding the most value to your child's academic life. >> but there are so many problems with this test. first of all, about a quarter of the teachers aren't even teaching anymore. also the people who created the very test they are grading on say there's a 35% to 53% margin of error. 53% margin of error. i mean, that's just the start. they say that, you know, there are errors, emissions. they didn't even calculate and count in charter schools. to me, it seems like a public flogging of people without really being necessarily based in actual facts. you could pick over it and get something out of it. >> well, i don't know about the test itself, and i couldn't speak about the particulars. however, this is a beginning point. and typically, when you're beginning a new process, there are kinks. but most important is the information that the parents receive on children. many parents don't know who the teachers who their children are with. meaning they don't know how good or bad they are at teaching. that's the job of a teacher, to explain something to a child in a way in which they will learn it. and what we are seeing is that the grades are not standardized, meaning that you could get an a in one teacher's algebra class and a c in another teacher's class. we don't know which grade is most accurate. sending children to college, we need to be able to send them off or into the world with some baseline understandings of what we as a community value. >> steve perry for us this morning. thanks. we have to get to breaking news outside of cleveland. appreciate your update on that. we'll have to agree to disagree on that. more on the story we were telling you about just moments ago. breaking news story at chardon high school more cleveland, ohio, coming to us from our affiliate wkyc. there are two suspects, now both in custody. there was word there might have been a third person who was on the loose. that's why the school was actually on lockdown. they believe that the third person could now be in custody because they are releasing students from that high school. so there might be definitely two people in custody. might actually be a third person in custody now because the students are being released. school board members are telling us that at least two shooters walked in and shot three or four students. happened in the cafeteria. they are not able at this point to update us on the condition of those students. the three or four who have been injured. we'll take a moment to listen in to our affiliate wkyk. >> and we are taking our orders from the safety forces, and we're going to do things as orderly as we can. the first thing we're going to do is any parent who has a middle schooler who wants to take them home, we are allowing that. but we have to sign them out and know when they are leaving. first steps first. >> reporter: middle school and then elementary, and then you'll re-assess the situation. will the high school students be brought here? >> we are waiting to hear what we're going to do. obviously, traffic. >> do they know how long it's going to be? >> stephanie, can you ask her if the high school is still on lockdown? >> reporter: can you confirm that the high school is still on lockdown? >> it is on lockdown. >> reporter: in terms of parents who are watching this at this point in time -- >> i would discourage any high school parent from getting in their car and coming up to the high school right now because there is nowhere to get near it and nowhere to park and the streets are clogged. >> reporter: in terms of safety, however. >> those students are safe right now. totally safe. the shooter is in custody. the building is in lockdown. we have mental health professionals coming to the building. we just need to have our parents stay put for the moment. >> you said gunmen. was there only one gunman? >> i don't know for certain. my understanding is there was one gunman. >> reporter: we are hearing he is in custody? >> that's correct. >> reporter: we are also hearing that three students were injured. >> i don't know the exact number. it may be three. i don't know for sure. >> do we know the depth of their injuries by chance? she's gone. >> reporter: yeah. she just left. but she was saying that she heard that there were three people injured. she didn't say -- she didn't elaborate. again, chris, i can tell you that we did see those medical helicopters flying away from the scene. we also saw ambulances with their sirens. so this is a very serious situation. >> stephanie, we are looking behind you at this video. these students are probably middle school students who are now getting a chance to go home with their parents. >> reporter: yes, that is correct. these are middle school students that are now being evacuated. and, again, just to reiterate, the high school is still on lockdown. all the students are still inside. we have been told they are safe. but, again, the children that you're seeing leaving this building are middle school students. >> and you were at the school administration building. and even parents who are watching this at home, if they are a parent of a middle schooler, is the advice the same, that they shouldn't be trying to get to their kids right now here at the school administration building? >> reporter: well, this is where they will be reunited. so what we have been told by school officials are do not try in any way to go to the high school. you will not be successful. come to the board of education building, which is right next to the middle school, and that is where you need to pick up your children. >> you know, it's heartbreaking to watch these young people walk out of that school. at 8:56, when on any reasonable day, they should be in school learning. instead -- >> reporter: i'm sorry. chris, can i just -- just interrupt you? we are now having more information about the high school students. ok. one minute. so we're -- ok. we're going to be walking just a little ways. we have been told that parents are obviously on edge right here. we have been asked to go a little further away from this crowd, because as you see it's now around the block. but we do have new information here about where the high school students are being released. sir, can you elaborate? >> my name is joe brigance. all of the high school students are now safe. the personal who -- the alleged person who did the damage is in custody. and the students are being evacuated from the high school to maple elementary school. parents, take your time getting there. and we're doing the best we can with the staff we have. >> superintendent, can you discuss a little in terms of the events unfolding? nobody wants this to happen. in terms of the process as to how it was handled. >> all i can tell you is that the school district has done a great job in its testing of these kinds of disaster drills. and everything we put in place in testing they are activating right now and it's going as smoothly as possible for such a horrible incident. that's all i can say. >> reporter: there has been some confusion, superintendent, in terms of whether there were one or two gunmen. can you clarify that for us? >> i believe there is one person in custody right now. >> reporter: is there another person on the loose? >> i don't know the answer to that. i believe not. i believe there was one person who committed the act. that person is now in custody. and the school campus is now safe. however, we are now dealing with a large amount of people coming to get their children. >> reporter: in terms of injuries, do you know how extensive those were? >> i have no idea. >> reporter: you just heard again from the superintendent of chardon. they are releasing the high school students to an elementary school here. he is saying that the high school students are safe. he is also saying that every safety procedure was followed. he is very proud of that. but he does not know in terms of the extent of the injuries that we are hearing in terms of those students. he is also saying that he believes there was one gunman who is now in custody. >> stephanie, please ask if he has any reports -- >> this is coming to us from our affiliate outside of cleveland. chardon high school was on lockdown. we are now being told that the students have been released. they are being sent to the middle school where they will be able to be picked up by their parents. apparently, there was a gunman on campus. three or four students