arizona, you're in "the situation room." this just coming in. on the eve of the new nuclear weapons showing that just how tight the race is. take a look 32% say rick san storm, but with the sampling eras that's constituentically a tie. ron paul coming in at 6%, let's go in depth right now with our chief political analyst gloria borger and depend can i washington bureau chief michael crowley. gloria, first you. arizona we all thought was supposed to be relatively easy for mitt rom in, but this a week before the primary is a horse race. >> nothing succeeds like success. rick santorum has had a lot of success, and we see him defining himself as the cultural conservative. as you point out, this was supposed to be an easy state for mitt romney. he could win, but there's a substantial number of mormons, he has moved way to the right and also has an organization dating back. show shows you that republican voters can to get their arrange. they were for pretty romney, but we know in michigan, and now in arizona as well, what's going on? the really interesting thing is that everyone has been talking about michigan. he grew up there, and so people michigan is proportional delegate -- even -- so romney, i think there was something he could have lost michigan. he does pretty well delegates. he loses arizona, he can't even come ouch 'tis saying, hey -- this could be a disaster for him. among tea party supporters, which candidate do you support? 35% of these self-described, 32% for romney, 21% for gingrich. ron paul, 7%. it's a real battle. >> and mitt romney has always had difficulty with tea party voters. on you producer went to a meeting of tea party supporters last night. take a listen to what they told him about mitt romney. 9 he's just like obama, as far as i'm concerned. he's acting like obama. >> he doesn't seem to have that personality that clicking with the people that some of the candidates do. i think that's one thing that's getting with santorum now. i think he's really clicking with the people in his values and everything. >> you know, wolf, when you look at the polls, republican voters have warmed up to rick santorum. they like him. they can identify with him. he presents himself as a pop you list who understands their economic problems. i think these voters what we have seen during this entire primary process is they don't see mitt romney as somebody who can understand what they're going through. and i think that's what we heard last night. >> how much of a setback, michael, would it be if romney lost one or both of these states a week from today? >> i think it would be a huge setback. as you mentioned before, just losing, the symbolism -- it just raises the question of, you know, when can he win when it's a clutch vote. to suffer the lost of all the delegates would be so hard, and where is the clear comeback strategy for super tuesday, moving ahead into march? those are not very friendly states for him overall. march in general does not look good for romney. so really he's got to make a stand or he roehl be deep in a hole. a fear battle hire as well as in beneficiary gan. thanks, guys. as the battle heats up, faith is becoming a hot button issue. jim acosta is also here in arizona. he's got more on what's going on. what is going on, jim? splashed across the drudge report were excerpts that santorum gave in 2008 when he said that satan was at war against the u.s. >> the father of lies has his sights on what you would think the father of lies, satan, would have his sights on. a good, decent, powerful, influential country, the united states of america. and satan has done so by attacking the great institutions of america, using those great vices of pride, vanity and senseual as the root to attack all these strong plants that have sowed deeply rooted in american tradition. it was too much for stephen colbert to resist. >> if rick santorum is commander in chief, he will do what no other president has had the courage to do -- to declare war on hell. >> reporter: all that fiery talk could singe santorum at the wrong time. in arizona and mitt romney's boyhood state of michigan. >> let me introduce the comeback kid, mitt romney, the next president of the united states of america. >> reporter: michigan could well be romney's firewall. >> i care about michigan. this is personal for me. >> reporter: that may explain wise he's -- with the more religious appeal to conservatives, including a vow to pick a running mate. >> my vice presidential nominee will be pro-life, all right? if i'm fortunate enough to become the nominee, i will also choose someone who is conservative to the core. >> reporter: and he accused the president of being hostile toward religion. >> unfortunately, perhaps because of the people the president hangs around with and their secular agenda, they have fall against religion. >> reverend, what about mitt romney? >> i like him. >> is he a christian? >> he's a mormon. >> but questions may hang over romney as well, as the reverend franklin graham to recognize the former massachusetts governor as a christian. that's contrary to the view of mormons, who do see themselves as christians. >> most christians would not recognize mormonism as part of the christian faith. >> so he's -- >> now, of course they believe in jesus christ, but they have a lot of other things they believe in too, that we don't accept. >> reporter: unlike some of his other events, rick santorum did dial down the rhetoric earlier this afternoon, asked about the controversy surrounding that speech in which santorum talked about satan back in 2008, a santorum spokesman told me, wolf, the controversy is, quote, ridiculous. wolf? >> it maybe by ridiculous, but people will be talking about it in this political season. no doubt about that, thank you very much, jim acosta. president obama is certainly pushing congress to work with him. he praised lawmakers for extending the payroll tax cut, but he said there's so much more that needs to be done. >> this may be an election year, but the america people have no patience for gridlock and just a reflexive partisanship and just paying attention to poll numbers and the next election and what we can do to strengthen opportunity for all americans, instead of -- focusing on the next election. i hope that we spend some time focusing on middle-class americans, and those struggling to get into the middle class. >> let's dig deeper with dana bash. dana, what's the president's goal in using the bully pulpit right now to preach bipartisanship at this sensitive political moment. >> wolf, the payroll tax issue was such a big pin for democrats politically and at a policy le, the president wants to capitalize as much as he can. it's no action he did this when congress was in recess. he also is trying very hard to bring back independent into the fold, those voters very much want to see washington work and obama is trying to position himself as the solution, not the problem. >> did their caving in in effect signal a change -- a brought are change in tone and strategy by house republicans? might they themselves benefit more with the president by cooperating? >> well, it certainly appeared to be a pivot. he knew that delaying the extension of this popular tax cut was very bad political and decided to push it, though it annoyed many rank and file. democratic and republican sources tell me to look for other issues like this, where congress is most likely to work together to get something done, but some of what stuck, wolf is not because of partisanship, but because of the fighting within the parties. take, for example, the transportation bill. this is a huge, 250-plus billion piece of legislate, it stalled in the hours over issues like the size, how to pay for it. give us a reality check, dana. is -- what significant legislation do you see on the horizon that potentially could pass congress? >> i asked that question of democratic and republican sources today in right of what the president said, and they said the one example i gave, tax cuts for small businesses, probably the most likely. tax cuts to promote american manufacturing, a legislation to help small businesses go public, and another issue that generally doesn't get caught up in the par san ship is a bill to crack down on cybersecurity, but the major issues like entitlements don't expect that, not in election year. it doesn't happen last year, don't hold your breath on those big issues? >> i'm not holding my breath at all. dana, thanks very much. you won't want to miss the high stakes contest here tomorrow night. watch the arizona republicanial debate, 8:00 p.m. eastern here on cnn. john king moderating the debate for us. the u.s. supreme court has agreed to hear a politically charged case about race in college admissions. the lawsuit was first filed back in 2008 by a young white woman whose application to the university of texas was rejected. the school considers applicant's race as one of the many factors designed to create a diversion campus. next hour we'll speak with jeff toobin. a warning from iran threatening preemptive action. a top iranian general says iran won't necessarily wait for a first strike before attacking, and i'm quoting now, enemies who want to endanger our national interest. the remarking come among heightened. outrage in afghanistan. after a muslim holy books are burned in an american airfield. now we're learning why those copies of the quran were destroyed. also doctors in syria arrested, even tortured, but still risking their lives. also signs of weakness in these critical days. job job wafrts to ask you about the romney campaign and what's next. that's coming up in "the cafferty file." if there was a pill to help protect your eye health as you age... would you take it? 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[music playing] confidence. available in color. depend® for women is now peach. looks and fits like underwear. same great protection. depend®. good morning. great day. that's going to have to be done by a certain date. you always have homework, okay? i don't have homework today. it's what's right here is what is most important to me. it's beautiful. ♪ ♪ jack cafferty is here with "the cafferty file." >> wolf, there is growing concern among republicans that mitt romney cannot deliver. if he loses his home state of michigan next week, expect what are now whispers to become shouts. rick santorum has opened a ten-point lead over romney in one national poll, his largest ever. gallup's shows his leading in michigan as well. and in the key swing state in ohio. all the money in the world doesn't seem to matter much. the romney campaign spent $19 million last month, plus the super pac supporting hem. one of the few things still in romney's favor is electable. meanwhile, some senior republicans are so nervous about the state of the race they're circulating a plan b, a scenario where another candidate who's not even in the race yet wins the nomination, and then goes up against president obama. some of the names out there including the usual suspects, mitch daniels, chris kris yik, jeb bush, while none of them seem all that interested, there is also sarah palin. they says if there's a brokered schenck she would, quote, do whatever i can to help. here's the question. how close is mitt romney to being toast? go to cnn.com and post a comment on my log. i'll be anxious to hear what our viewers think about that question, jack. thank you. i apologize, two words coming from leon panetta in the face of rather angry protests in afghanistan. nato troops admitted they burned qurans at the, says, it was a mistake. it was an error. our own brian todd is taking a closer look. first of all, brian, what happened? >> military officials in afghanistan say there was an effort to dispose of some documents, documents containing extremist inscriptions that could possibly have been used by militants to communicate. in trying to do that, some copies of the quran were mistakenly burned. one official says some of the material was removed from a detainee center because of inscriptions indicating the official says that the documents may have been used to facilitate extremist message. u.s. military officials apologize for what they call an error, but experts say even an accidental mishandling of the quran is dangerous. >> we don't want this to happen, because this is going to start affecting the own troop withdrawal. >> akbar ahmed says an understanding of these protests. has to have an understanding. he says the quran is so revered, the only time they take it out is around the time of prayer, and before that hands should be washed from hands to elbow, face three times and the feet. when it's time to place it down, it should always be placed at the highest point in the room. when you're in the same room, you should not point your feet toward the book. he says qurans are passed between generations in families. one muslim scholar says if a quran is damaged, burning, burying or shredding it is acceptable, otherwise -- >> you're never supposed to dispose of them in any way. >> not muslims. >> what about non-muslims. >> again, it's entirely in the united states, it's a free country, free speech, free actions. i would say that if as american is not a muslim been has copies -- take to to an islamic center or mosque and say i have a cup 8 copies, i don't want to insult your faith by throwing them into the dust bin, would you come tanned collect them? >> but ahmed emphasized he does not excuse the violence reactions to incidents like what happened last year after a florida past ore sermoniusly burned a copy of the book and krounds attacked a u.n. facility in afghanistan, tilling 12 people. he says leaders have to talk to their followers about appropriate responses. >> did she speak about people misinterpreting what's in the quran? >> he did. he said if attacked, you must defend yourself. he says for many muslims that's enough to look at situations like this and say we are being attacked, but in their responses they often do things that go against the tenets of islam, and things get out of control. >> more on this in the next hour. thanks very much, brian. rick santorum's hint that satan has his eyes set on the united states. will his spiritual war resonate with voters or push some away? we'll discuss that and more in our strategy. and a republican says he's a victim of a political plot to destroy his reputation. my revealing conversation with sheriff paul bedyu is the something you can't must. we have a follow-up, with the latest developments and more coming up. tidy cats. our premium litters now work harder to help neutralize odors in multiple cat homes. purina tidy cats. keep your home smelling like home. 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[ male announcer ] learn more from your state farm agent today. what ? customers didn't like it. so why do banks do it ? hello ? hello ?! if your bank doesn't let you talk to a real person 24/7, you need an ally. hello ? ally bank. no nonsense. just people sense. right to our strategy session, joins us, democratic strategist maria cardona. mary matt lan, you know, for hours now, it's been leading the drudge report. among other things, he raise the whole issue. i'll play a little clip of what he said. >> this is not a political war ought all. this is a spiritual war. the father of lies has his sights on what you would think the father of a good, decent, country. if you were satan, who would you attack? >> how will this play for republican voters leer in arizona, in michigan a week later. >> you know, wolf, he's a devout catholic, using the language of the well-versed catholic at a catholic university. that was not a campaign event. i've known rick santorum for decades. i've campaigned with him. when he's a political event, he using language more familiar and connective with an audience larger than the catholic population, but there's also not particularly over the top to use that language right now. they're in the swing states, and obama has lost the support of those -- in the last go around. but this isn't necessarily a bat thing for rick san storm. how do you think this will play -- -- >> well, i think it should certainly hurt him, wolf. >> not the first time -- when it comes to how right-hand -- and the problem is though mary was right, in front of a catholic audience, the people who hear this out of context or just in the snippets are not going to understand that, and they're going to connect it with the other out of the mainstream comments that he's made about women not being able to get in combat, about seemingly comparing the obama administration to the rise of hitler. that's why the serpent go got into this game. satan loves big government. what was the apple but the original food stamp. >> all right, so you know, mary, he will be ridiculed for bringing into the whole discussion. when drudge has this on a top now for hours, you know this is going to be a potential problem. colbert is a brilliant comedian, and also a brilliant jesuit. i've had conversations with him. so that's a completely separate thing. there's a lot of catholic in michigan, let's not forget that, but voters understand the language of the pulpit and the language of the campaign. this isn't just about the economy. this is people understand the expansion of government in many programs has resulted, but in the degradation of the culture. not just republicans and conservatives, but maina stream conservatives. they served in the senate, served in congress, served in the swing state for as many years as he did, is not going to put off mainstream voters. they're going to listen to what he says and the policy positions that follow. >> it's already put off mainstream, though. >> maria, when the race is already effectively, according to our new poll within the statistical margin of error, it looks -- you know santorum will -- it will comes with the territory. >> no question about that, wolf. i'll say the devil will be in the details in terms of what he has said, either now or in the past. i do agree with mary that this might not be a problem with him in the nominating process. what we have seen from mitt romney is he's not been able to seal the deal. now they'ric looking at santorum. for the incredibly conserve tirr he might be in debt heats in these upcoming contests. in terms of a general election candidate, this is not somewhere he needs to be going, and he's going to continue to get scrutiny for what he has said and what he'll continue to say on the trail. >> maria and mary, guys thanks very much. the stakes clearly enorm onnous here. he was tortured for trying to help people. cnn is when to take you inside syria with a physician who's now risking his own life to save the lives of others. a banner day on wall street. erin burnett will tell you what it might mean for president obama and his reelection. but up coming next, my reviewing interview with a gay republican shave in arizona, and why he says his 'been threatened. arizona sheriff says he's the victim of a political plot. he's vowing to state in the race to represent his congressional district, as he fights the accusation that he threatened to deport a base exlove. did he spend taxpayer money pursuing sex? in an exclusive interview, he opened up about what it was like to reveal he's gay. listen to this. >> a lot of gay men said when they finally did go public, they were relieved and it's made their life easier. >> this is outrageous that any american should have to suffer this. >> while you were serving in iraq. >> while i was serving right here. i started as a private, worked my way up to be a major, a commissioned officer, a field grade officer. this is where i've even had other officers. as we progress in society, and evolve, that of course any man, any woman, if they love their country, want to put the uniform, risk their own personal safety to defend our freedoms, absolutely they should be allowed to serve. i've commanded soldiers that are gay, and they were exemplary in their performance. >> you know, you want to be a member of the house of representatives, right? >> yes. >> so people will ask you political questions. >> absolutely. >> good gay marriage. should gay men and women have the right to get married? >> this is where i go ron paul on people, in terms of the libertarian. i believe in less government at the federal level. they should get out of people's lives, unless it's an enumerated power in the constitution, it falls to the states. this is where it falls to the states. we had washington, we have had a number of other states, massachusetts, and now we have maryland, and they have all made decisions, that's the law law of the land. i can tell you my perch beliefs and my political beliefs is i believe? freedom of religion. there are faiths and religions that our government shouldn't get involved in that absolutely do not condone gay marriage. the government shouldn't tell those faiths that they have to. at the same time i don't believe they should tell other faiths that they could. this is where the government needs to get the heck out of the way, then what does it matter? you can't legislate love. but the problems for the sheriff may just be beginning. miguel marquez is getting ready to take a closer look how this all plays out in the sheriff's race for congress. that's coming up in our next hour, special report. also we're taking a closer look at the number on wall street, erin burnett is standing by live to explain the market's milestone day and the political ramifications. plus the son of the famed evangelist, billy graham, the son is now questions mitt romney's faith, analysis of the controversial comments, and a lot more coming up right here in office office. peter. i can see that you're busy... but you were gonna help us crunch the numbers for accounts receivable today. i mean i know that this is important. well, both are important. let's be clear. they are but this is important too. 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[ male announcer ] enbrel. the #1 biologic medicine prescribed by rheumatologists. the dow crossed 13,000 today for the first time in nearly four years. after hitting the milestone around noon, it ended 35 points just shy of 13,000, but it's certainly a lot way from from the dow was when president obama took office. erin burnett is joining us. no one's better than you. give us some perspective. i remember in march of 20009, at the dow jones was around 6,23500, now almost double at 13,000. what's going on? >> yeah, pretty amazing, when you look at it since the bottom. 97% higher than the president. that's almost doubling if anyone had the courage to get in. as we know at that deep and scary moment, it took a lot of courages. since he became president, he ranked as the first best-performing president when it comes to the stock market. so it's a pretty good report. obviously that's very important, because the dow, even though 401(k)s are linked to, it's psychological important. we know this will be a headline everywhere tomorrow. . that feeling in term turns into hiring and that could be good for reelection. one other statistics i think you'll find interesting. as the president tremendouses to one over that crucial group, it might be something he's looking at today, people who make $75,000 or more, 87% of them own stocks. that's a lot of people who are feeling a lot better than they were just four years ago. >> their 401(k)s, i.r.a.s and portfolios, obviously a lot better. are they giving president obama credit for this? >> a lot of them are very frustrated with that they see as the rise, they 24i that we could be better position than we are now, but that being said, the number are the numbers. we have not seen hiring come along anywhere close to the same degree. if we're going toss the hiring numbers. >> erin certainly will have a lot more "outfront" tonight. jack has "the cafferty file." jack? >> the question this hour is how close is mitt romney to becoming toast? greg says -- butter his back side and call him a biscuit. he's done. i hoe he doesn't give up just yet, because the millions they're pumping into the race are good for the economy. >> jim in san antonio, he loves trees, lakes and cars. how can such a people person possibly by toast? brian in san diego -- for the nomination still a long way away. it will take a whole lot to fully knock him off his northwestibility pedestal. but for the general election, the toaster's crackling and romney's going to feel the heat before long. every strong monthly jobs report, every uptick in the dow, each of those another vote slipping away. allison writes -- he seems more like plastic, i don't think he sheesh ruled out just yet, because santorum keeps going too far out there with religious issues. romney is a much safer choice, especially with the threat of palin on the horizon. michael writes -- his political positions are all over the place. independents like myself don't like and don't trust anything his says. i also think mitt romney has some explaining to do about the mormon church. and david in tampa writing -- we haven't gotten to super tuesday yet. all four still have a shot. unless kermit enters the race. the kermit/miss piggy ticket is the only way i would vote republican. for more go to my blog or through our post on "the situation room's" facebook page. wolf? jack, thank you. a former boyfriend claims arizona sheriff paul babeu threatened to have him deported. you'll see how the sheriff and candidate for congress responds. also, a 30,000 years old flower is brought back from the dead. we're going to tell you what else from that time period scientists are hoping to resurrect. [ engine sputtering ] [ male announcer ] engine light on? come to meineke now for a free code scan read and you'll say...my money. my choice. my meineke. lisa is back and monitoring other stop stories. what's going on? >> french policer questioning dominique strauss-kahn about a prostitution ring. he says he doesn't know there were prostitutes there. he's been accused of a string of sexual allegations he calls the latest accusations a, quote, media lynching. a 4.0 magnitude earthquake joeled people out of the folks in missouri. but people across 13 states and more than 800 miles east felt the earth move, too. it carved through pavement and some walls, but there was no major damage. russian scientists have tapped into an ice-age squirrel's next to bring a 30 thousand-year-old plan ban to death. they took what was called placenta tissue, and eventually grew them to flowering plants in a lab. the successful experiments are now giving hope to scientists who hope to produce a baby woolly mammoth from frozen animal tissues. that would be something to see, from flowers to a woolly mammoth. >> certainly will be, lisa. thank you. happening now, outrage after islamic holy books are burned. now the u.s. military is scrambling to control the damage. also the u.s. supreme court agree toss hear a racially charged case that could be an election year blockbuster, and franklin graham interjects controversy into the campaign. we want to welcome or viewers. jeanne moos and headlines all straight ahead. i'm wolf blitzer, you're in "the situation room." it's the kind of incident that makes the u.s. military appear at best insensitive, at worst hostile to islam. officials are investigating an incident at bagram airfield in afghanistan in which muslim religious materials were burned, including copies of the holy book quran, and now we're learning why those materials were destroyed. barbara starr is investigating those for us. >> reporter: we have seen the video of the demonstrations that erupted, but now behind the scenes, we know much more about what led to all of this. hundreds of angry afghans furious at the news nato burned religious materials including copies of islam's most holy book, the quran, forcen general john allen to apologize for the action. >> these kinds of incidents, when they do occur, we will move quickly to correct them and hold people accountable. the public explanation was brief. >> overnight we received reports that there had been a number of religious materials that had been gathered at the detainee facility at par 1. those materials were inadvertently given to troops for disposition. that disposition was to burn the materials. >> cnn has learned the military was actually dealing with a security breach here at the prison. a military officials tells cnn the material was removed from the prison library because of extremist increpeses and a, quote, appearance that these documents were being used to facilitate extremist communications. beyond the religious materials, other extremist literature was found apparently published outside afghanistan. this comes weeks after marines made this video, the u.s. knows these controversies undermine the military mission, the obama administration was quick to apologize. >> it does not represent our values or our view of how the quran ought to be treated. >> we apologize to the afghan people and disapprove of such conduct in the possible strongest terms. >> reporter: a sacrilegeous act. ne last year pastor jerry jones burned a quran after weeks of public attention, even after then defense secretary robert gates called and asked him not to. now, u.s. troops will be trained in the proper disposition of religious material, but the deeper question, how does extremist literature get inside one of the most secure compounds in afghanistan. wolf? >> very, very sensitive important story. barbara, thank you. leon panetta was also quick to go on the record condemning the is dent, i'm quoting now -- i apologize to the afghan people and disapprove in the strongest possible terms. he added he will review the investigation to make sure that it never happens again. now to the race for the it is white house and mitt romney tweaking his campaign in michigan. tell us, what did you see today out there on the campaign trail? >> well, wolf, this is really a change of course for mitt romney. he's spent a lot of time talking about his business experience. but today at a big town hall, a question and answer session, he started talking more about the social issues, all of this partly because he has to. once upon a time mitt romney looked like the inevitable 234078 knee, but back in michigan, he got introduced as an underdog. >> let me introduce the comeback kid. >> reporter: a favorite son with a lot of modern and organization now in the toss-up race in the state where he grew up. he was empathizing with the people where his opposition to the auto industry bailout may have struck a nerve. >> my heart breaks in part for what has happened. you have suffered the last years. michigan has gone through a one-state recession, now a national recession. these have been tough times. i'm glad to see michigan is coming back. >> reporter: there was a lot that stuck out, mostly about how he's trying to answer the home state threat posed by the santorum campaign. ronnie repeated me have shy recent attacks in the very same township he had visited a few days ago. >> he's being seen for the first time in many homes. his background and mine are very different. i don't think rick santorum's track record is that of a fiscal conservative. >> reporter: he was taking questions from a live audience. san torn and newt giv rich do it all the time. a lot of questions were about the social issue that is have lifted the santorum campaign. >> i have fought for traditional marriage. my vice presidential nominee will be pro-life. those are people who are called strict crux constructionists. i'm in that camp. i will make sure that we never again attack religious lib bert in the united states of america if i'm president. >> reporter: it was a very different scene from only monday in ohio when romney had met with a handful of people, giving a people, taking no questions. in ohio it was clear changing are coming as romney was naming a new state director in time for super tuesday. super tuesday f. of course comes on march 6th, but even before that, that is when both michigan and arizona will go to the polls. back to you. >> both of these states clearly in play those it wasn't supposed to be that way. it shows a real tight race here in arizona. obviously a very tight race in michigan. both were supposed to be gimmes only a few weeks ago. r. >> reporter: i have spokes to people who have told me today in their view it was going to be a tight race, that romney is prepared to go all the way to the convention if he has to. the fact of the matter is they didn't expect to get a whole lot of breaks down through the stretch here, wolf. >> and they're not getting any breaks, for sure. joe, thank you. this important note to our viewers, tomorrow night the four final candidates will face off to the final time before the next round the primaries, be sure to join us tesz cnn arizona republicanance presidential debate. our own john king will moderate. another huge story unfolding here in arizona, the scandal surrounding the pin doubt sheriff, paul babeu. he spoke with me yesterday in an exclusive interview about being outed by a former bhoi friend who says bobbo -- babeu threatened to have his deported. it's becoming a huge, huge story. >> there's not anyone in this state watching. the latest drama is that -- there are calls for the sheriff to be investigated. i spoke to jose last night. one thing he said that the sheriff had wrong. this is not about politics. he says no one put him up to this. it's a political scandal growing by the day. the sheriff spoke exclusively to wolf blitzer, trying to salvage his career. >> this is the most embarrassing. i've never defined myself by other than my service and duty and what we should all be judged on in life. we've all had relationships, as clear as day now, now this is national news that i have had one where he wanted to harm me. now this is rolled out and the timing is more than coincidence, that nationally that all of this stuff for years, all the media here in arizona, all five tv stations, enemies of mine, people have gone to my chain of command to report that i'm gay, stuff that is my personal, private business. and i'm not ashamed of who i am. i have served my country, answered thousands of emergency calls as a police officer, life-saving medals, i served as an army officer in iraq, commanded 700 soldiers innium nn yuma. they use this allegations, which i showed you proof, there is no proof not only of of. >> reporter: taking on allegations that he threatened to dizzy port his former boyfriend jose, who does not want to be identified do you think he was trying to make you leave the country? >> reporter: babeu says he never threatened anything and it was jose that hacked his twitter account posting slanderous material, a claim jose says is false. but the problem may only just be beginning, his political opponents are now calling for an investigation. questions they're raising, did babeu spend taxpayer money pursuing sex. >> you're running for the republican nomination for this seat. >> yes, absolutely. >> explain why you decided to step down as cochairman of the romney campaign here in arizona if you've done nothing wrong. >> this is trying to get rolled out by numerous political opponents, and now it has under the slanderous, baseless attack and all of a sudden everybody reports it as if it was true from this tabloid. nobody has verified any of the facts. i showed you evidence. this is the business i'm in. if your next-door neighbor called the police on you and said arrest wolf. am i just going to arrest you? no, i have to find out the facts. this is outrageous this has been brought out because i'm a conservative republican and now they think that somehow there's hypocrisy, because i'm gay. i've never worn it on my sleeve like this is who i am. >> reporter: if babeu survives the scandal, he'll face the ultimate test when voters go to the polls next august. i spoke to republican voters in, and he says this guy does have problems. even voters that worked on his serve's campaign, they're having second thoughts. >> a lot of people have tweeted me, asking me why is jose insisting on being blurred, his voice being changed, we're not using his fum name. the explanation? >> reporter: two reasons, he's still in the closet himself, his family is fairly conservative. and strange things has happened here, and concerns for his personal safety. >> miguel, good reporting. i know you'll stay on top of this story for us and our viewer. franklin graham is sparking a political controversy. questioning president obama's faith, calling him a son of islam. also, the u.s. supreme court agrees to hear a politically and racially charged case against the university of texas. could it be the nail in the coffin for affirmative action? plus a very disturbing report from inside syria on some of the youngest victims of the government's ongoing slaughter of its citizens. in the works package, we change the oil we change the filter... tire rotation, suspension, we make suspension checks... what we have here is the multi-point inspection. every time a vehicle comes into a ford dealership you'll be presented with one of these. we check the belts, hoses... brakes. tires and the pressures... battery, all your fluids... exhaust system, transmission... we inspect your air filter... it gets done,it gets done quickly and it gets done correctly. the works. oil change, tire rotation and more: $29.95 or less after rebate - at your ford dealer. you're a doctor... you're a car doctor. maybe a car doctor... 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[ female announcer ] travelocity. get great deals on all kinds of beach vacations. jack cafferty is here with "the cafferty file." >> president obama's reease electric campaigns looking for a new slogan to rye players reuters reports some of the contender greater together, and we don't quit. his campaign poster stills say obama 2012, but surrogates versus road testing some of these ideas. until the president knows who the challenger will be. but whatever slogger he goes with, it needs to represent a new reality, if you will, including high unemployment, economic insecurity and the fact that mr. obama is no longer an outsider. david axelrod insists it's also about hope and change, even though those words may not be in the slogan. the branding of a presidential campaign is all bl connecting voters. he hit the nail on the head last time around, but lightning doesn't always strike twice. one of the best was president reagan's morning again in america. what's mr. obama up against? the republican slogans are highlighting their believe belief that the u.s. is in the wrong and ron paul says we will restore america now. anyway, here's you're questioning. what would you suggest for president obama's knew campaign slogan? go to cnn.com/caffertyfile, post a comment on my blog, or go to our post on "the situation room's" facebook page. very important slogans. wolf? >> i'm ainge to hear what our viewers think. thank you. the son of the famed evangelist billy graham is making some controversial comments about mitt romney and president obama when it comes to their faith. frankly graham said this this morning about romney who's a mormon. >> is he a christian? >> he's a mormon. >> but he's said he's part of the judeo christian faith. do you take him at his word on that? >> most christians would not recognize mormons as part of the christian faith. of course, they believe in jesus christ, but they have a lot of other things they believe in too, that we don't accept. >> graham went on to repeat a previous assertion that he believes that president obama was born a muslim under islamic law. our chief white house correspondent jessia yellin is getting reaction from the white house. >> some are breathing new like -- >> it's like a flashback to the lowest moments. he had a astonishing response, when asked if he could cat goirgly -- >> i can't say categorically, because islam has gotten a free pass under obama. >> reporter: it would seem challenging president obama's faith is roaring back as a strategy in campaign 2012. first, gop candidate rick santorum said -- >> it's not about you. it's about some phony ideal. some phony theology not a theology. >> he insisted -- >> i believe he's a christian, he says he's a christian, but i'm talking about his world view. >> reporter: but on fox said -- >> he went to reverent wright's church for 20 years. you can question what kind of theology reverend wright has. >> reporter: the president has seen this line of attack before and frequently asserts -- >> you know, i am a devout christian. i came to my christian faith later in life, and it was because the precepts of jesus christ spoke to me. >> reporter: at this year's national prayer breakfast, president obama spoke about meeting with the venerated evangelical leader billy graham, franklin graham's father. >> reverend graham started praying for me, as he had prayed for so many presidents before me. when he finished praying, i felt the urge to pray for him. >> reporter: frank ling graham was present at that visit. >> it's about politics. it's not about faith. >> reporter: a democratic faith and values strategist believes that questions the president's religion is intended to engage certain disparated voters. >> the leaders and candidates play just more and more and more to the edge, and to the fringe, and try to motivate them together. >> asked about reverend graham's comments, the white house tried to stay above the frey. >> i did meet with the president this morning no about 45 minutes. amazingly he didn't bring this up. he was actually talking about policy issues that he believes are the most important things he can do and focus on as president. >> reporter: this isn't the first time he's questioned the the president's faith. he's raised doubts about the president's church and his heritage, but he says if the president says he's a christian, which he does, he'll believe him. jessica yellin, cnn, the white house. so could the days of affirmative as be numbered? our own jeffrey toobin is standing by next tell a big lie can get you arrested. the u.s. supreme court will not decide just how big a lie has to be before it's a crime. 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[ male announcer ] with everything from new computers, to set-ups, to tune-ups. stapes. that was easy. the united states supreme court will hear a case that can't mean the end of affirmative action in the united states. the case started when a white student's application was rejected from the university of texas. she then sued the school and now it's in the hands of the high court to decide if those policies violate the rights of other applicants. i thought po templeally this could be the end of affirmative action, but i don't know how you reacted. >> i reacted the exactly the same way. in 2003, a opinion by sandra day o'connor said race could be used as one factor, but this is a direct challenge elena kagan is recused from this case, so there's only eight justices. is there a broader application not only in schools and universities, but in other institutions across the country as well? >> well, certainly this case would only deal with the questions of public universities, but the cord builds on its previous cases. if the justices were to say that race is 1i6r7ly an iljet factor to be used by a government entity, that certainly could be expanded, or even private parties. that's why this case is so significant. first of all, public universities are a big part of american life, but even beyond that, the logic would suggest that that affirmative action would be -- >> with elena kagan recusing herself, there are eight justices who will consider this. what if it comes down 4-4. what happens then? >> that mean the lower court pin is upset. it says that affirmative action was allowsed. the supreme court can change its precedents, so a 4-4 would be a tremendous one, but if you look at the five justices all have indicated a good deal of skepticism, and that's fight votes. that's all you need, and it does look like the affirmative action program is in a lot of trouble. justice kennedy, are you saying he almost certainly will join the other conservative justices? he normally is one of those swing votes on the supreme court? >> he is usually the swing vote, but on these issues, for example, in the godder case, justice o'connor's opinion, he was a dissenter. he has almost always voted against affirmative action plans. he's sometimes a swing vote, but on this case, i don't think -- at least historically, when it comes to affirmative action and civil rights generally, he's generally been with the conse e conservativ conservatives. >> jeffrey toobin, thank very much. a significant decision in the comes months. the supreme court is also preparing to rule on a very unusual free speech case. as issue, whether or not the constitution protects a person's right to lie. cnn's kate bolduan is following this story. a fascinating case, involves a politics lying about his military record. tell us what's going on. >> very emotionally charged. when is it criminal? that's at the center of this high le charged first amendment fight now before the high court. when xavier alvarez ran for a local utility board, he campaigned on his military service. >> a marriage for 25 years. i retired in 2001. back in 1987 i was awarded the congressional medal of honor. here's the catch he was lying. he never was in the military. bob kuhn says alvarez hurt the board's credibility. >> he liked about the fact he had been in three helicopter crashes, shot 15 or 16 times. the graduation from school, these were all things he put down on literature to get elected. the stolen valor act makes it a crime. his attorneys appealed, and the case is now before the supreme court. the issue, when does lying cross the line and become a crime? doug and pam sterner who pushed for the law saying lying about military honors goes too far. >> it's impersonation we could say stolen valor is a common lie. >> when someone claims they have a purple heart, they're actually devaluing the sacrifice that that person made. >> but his attorney argues no matter how offensive, his lying are protected free speech. >> if the court would uphold its law, it's certainly possible that congress could pass all sorts of laws. it could make it a crime to tell a lie on a facebook page or a dating website, and is it doesn't have to necessarily be a serious lie and doesn't necessarily have to harm anybody. >> reporter: alvarez maintains his lies hurt no one. >> what it comes down to is mr. alvarez has so much are for the troops he wanted to be one, and wanted to be look at an one who does good things. >> reporter: it's an emotional battle, pitting free speech against protecting the honor of battlefield bravery. now, the justices have traditionally protected even the most unpopular speech such as protesting at military funerals or burning a flag. oral arguments for this case are tomorrow and will be very interesting. the ultimate solution may be more high tech actually. congress is consider creating a national database of military award recipients to make sure the right men and women are honored, and as in this case, wolf, the frauds exposed. >> that would be a practical solution. no doubt about that. let me bring jeffrey back into this conversation. what do you think about this case, now going to be argued with the supreme court. >> it's a fascinating case. i've never heard alvarez's actual words. i thought kate's story was fascinating. i think the court will overturn this laud. they are very protective of el free speech. the lies that are illegal have consequences. if you like to the fbi in a criminal investigation, that's a crime, but if you just lie one of the lower court judges said been will we prosecute dentists for saying this won't hurt a bit? you have to be careful. i'm going to say the supreme court will say let the market of ideas figure this one out. >> appreciate it very much. the tough talk from iran is escalating. you'll see why they're in and out saying they won't wait necessarily for the enemy in their words to strike first. and a man is allegedly shot by his modern. he manage toss capture it all on his iphone. we have the real story behind the viral video, which is not what she told 911. 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[ male announcer ] it's sweet. it's nutty. it's absolutely delicious. kellogg's crunchy nut. it's morning somewhere. lisa sylvester is monitoring other top stories in "the situation room" right now. lisa, more details expected tomorrow about the man charged with plotting to bomb the u.s. capitol. what's going on? >> that's right. 29 years old amine el khalifi will have a preliminary hearing tomorrow. the moroccan man allegedly worked with people he believed were al qaeda operatives, for more than a year on how to carry out an attack. iran says it would make a preemptyive strike if the national interests were threatened without waiting for the men my to attack. the new warning numbs on the heels of iran's assertion that invaders should prepared to receive strong blows. three decades long rule came to an end in yemen today as hundreds of voters cast their ballot to replace him. one voter called it a people's election though saleh's vice president was on the ballot. he stepped down after months of protests. there are many heartbreaking stories out of syria, but noun more son than the children's who lost their lives from the violence. we're going there. we had to . introducing the 2013 lexus gs, with leading-edge safety technology, like available blind spot monitor... 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[ engine revving ] the all-new 2013 lexus gs. there's no going back. home protector plus, from liberty mutual insurance, where the costs to both repair your home and replace your possessions are covered. and we don't just cut a check for the depreciated value -- we can actually replace your stuff with an exact or near match. plus, if your home is unfit to live in after an incident, we pay for you to stay somewhere else while it's being repaired. home protector plus, from liberty mutual insurance. because you never know what lies around the corner. to get a free quote, call... visit a local office, or go to libertymutual.com today. liberty mutual insurance. responsibility. what's your policy? a quick warning before we air this next story, some of the images we're about to air may be very disturbing and inappropriate for some viewers. the international red cross is calling on syria's government and the opposition fighters to agree to a cease-fire to get hip to distribute provisions for civilians. opposition sources say more than 100 people were killed today. again at least ten of them children. cnn's nick paton walsh has the story of one of the youngest victims. >> reporter: wolf, day in and day out, we hear the numbers, almost hard to fathom. today we have a particularly distressing kay, a 2-year-old boy, it seems killed by shrapnel. deeply troubling pictures. >> of the many infants to die in homs, few have had their death so awfully public. he was killed by shrapnel shells. still heard falling around him and his father. >> reporter: no one could tell us his name, but another clip earlier shows the frustration of doctors unable to deal with the injury to the young boy's arms. the doctor feeling helpless. he needs to go to a proper hospital. even the children are not allowed to go. where is the red cross that was negotiating tomorrow? they moved to resuscitate, but fail. shelling tuesday in homs was the worst yet. children caught in this barrage and devastation suffering the hardest. >> many of them are separated from their families, often lose their parents, and conflicts lasting impacts on children both physically and emotionally. >> reporter: some will survive their injuries. finches why we could independently verify what you have just seen, it forms part of a pattern. many stories we hear, saying what they believe that's happened inside there is certainly a war crimes. children appear to be bearing the brund of an offensive. wolf? >> nick paton wallish, reporting for us. what a story. opposition sources put the death toll since last march at almost 9,000 people. cnn cannot independently verify opposition or government reports or casualty figures. a man is apparently shot twice business his mother-in-law. even though she tells the 911 operator that he shot her. >> 911, something just shot at me. >> what's your -- >> do you know this person? >> yes. >> okay. ma'am, he shot at you or shot you, ma'am? >> i'm hurt -- i'm not shot, about you he said i shot at him. he shot at me. ashlee! ashlee! ashlee! ashlee! what were you looking for when you bought your edge? um, i was definitely looking for fuel economy. that's the whole reason we, we wanted to look at the ecoboost. can you talk a little bit about the style of the edge? um, well, i think it's very hip. i even have several guys were like "whoa, do have twenties on those". like, don't even know what that means, but i guess it's cool. (laugh) stunning video from florida, where a man used his iphone to capture himself being shot business his mother-in-law. lisa sylvester is back. lisa, you've been following this story for some time. you spoke to the victim here. tell us all about it. what's going on? >> wolf, the video has gone viral on the internet. a woman allegedly shoots her son-in-law. what she doesn't know is that te actually has his iphone recording the incident. well, now the victim tells his story to cnn. >> reporter: the video is chilling. salvador meclino is shot twice. all of it captured on his cell phone >> caller: i can't believe you did that. are you crazy? i can't believe you shot me. >> caller: the alleged shooter is this woman, moglin oh,'s mother-in-law. he and his wife are in the middle of a custody battle. when he went to pick up his son for a visit last december his mother wasn't there. his mother-in-law was. now moglino is finally talk about what happened that day. he shows us what happened on his body. >> the bullet came here and into my arm. >> reporter: after being shot he says he fell on his mother-in-law and wrestled the gun away from her. >> get off me. >> you shot me! >> i was scared. someone's trying to kill me. i had to protect myself. i wanted to live. >> reporter: you may wonder why he turned on his iphone camera. he says he was bracing for a confrontation and adds his wife's family members had told lies about him in the past. a smart move when you consider what happened next. cheryl hepner called 911 and puts the blame on her son-in-law. >> somebody just shot at me. >> did he pull the gun on you or you pull the gun on him? >> no. he pulled it on me and he's got it. he drove away. >> reporter: at the same time, moglino was speaking to another dispatcher. >> oh, my god. i'm shot. >> okay. >> i took the gun away from her. i have it. >> where are you shot? >> on my shoulder and my side. i can't believe she shot me. >> sal says he has an angel on his shoulder. and i have to tell you, had he not turned the way he did quickly enough, he would not be here. >> reporter: hepner now face as attempted murder charge. her attorney issued a statement declining to talk about the specifics of the case but saying "ms. hepner is distraught over this is den and the circumstances leading up to it as well as being sorry that mr. miglino was shot." the defendant has a court date. her husband is charged with accessory. he died from cancer last month. police are looking into what mr. miglino's wife had in this incident. >> if she's convicted she goes to jail for, what attempted murder? is that right? >> reporter: that's right. she's facing attempted murder charges right now. and of course, authorities have that video. and it all goes back to the video. so you can expect this will play prominently in this case, wolf. >> certainly does. what a story that is. all right, thanks very much for that, lisa, let's go back to jack. he's got the cafferty file. >> fun family, huh? question this hour is, what would you suggest for president obama's new campaign slogan? apparently he's looking for a new one for this run for a second term. simon writes "give me the rest of your change. we've got 15 trillion in debt to pay off." tom in atlanta" how about a little willie nelson. if you've got the money, honey, i've got the time." roy in jacksonville" forward we go. socialism here we come. matt "change we can really believe it this time." june writes "that's easy, one and done." riley writes" i would use something like you don't really want the other guy. he's way worse than me. beth writes "he should say let's stay together. beth on facebook "give me four more years. we can be just like grease." bonnie in new jersey" change we need to stuff down the republicans' megarich corporate-loving throats. david on facebook "broke ran out of change." and gilbert offers three. one, four more years, two, obama got us osama, and three, i'm not mitt romney. if you want to read more about this we've got a lot of other e-mails, suggestions, go to my blog, cnn.com/cafferty file. or through our post on the situation room's facebook page. i'll bet he doesn't use any of those, wolf. >> i think you may be right, jack. thanks very, very much. see you tomorrow. look at this. the husband of the finnish president, president of finland, caught on camera checking out a princess. yes. jeanne moos will have a most unusual story. it. ♪ it's morning in the himalayas... 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