campaign spending by election day. where is the money coming from? >> they are posing as nonprofit groups with names like americans for prosperity. >> this is filled the nation, and thank god for the death of soldiers. >> on their constitutional limits to verbal abuse? >> it is being kicked in the face when you are laying on the ground. >> what the president consider swapping joe for hillary? >> both of us are happy doing what we're doing. captioned by the national captioning institute --www.ncicap.org-- >> november 2, election day, is rapidly approaching there are plenty of tossups out there. democratic leaders fear a major enthusiasm gap by election day. outcomes are uncertain in colorado, nevada, washington state, even west virginia, where a democrat who was a popular governor is in the fight for his political life. vice-president joe biden says not to worry. >> on november 3, the democrats will retain a majority in the house, a majority in the senate, and these two books will be headed to the state capital. >> mark, do you think vice- president is being overly optimistic? >> just to set historical perspective, in 1948, harry truman was a 10-1 underdog to thomas dewey, and it was a guy in the senate who put on old clothes and a battered hat and went through the midwest and said, "harry truman is going to win." only person in washington. joe biden will win that award if democrats retain control of both houses. he is alone, virtually come in that prediction. >> charles? >> this age of wilmington strikes again. i am glad to hear him say that, because the republican chatter about how big it will be, measuring the drapes support speakership, is that, because if the republicans do well but it is not overwhelming, it would be considered a defeat. the same weight is in new hampshire primary of 1992, when the flowers scandal broke and clinton, the front runner, collapsed, but he came in second grade he was the comeback kid. -- but he came in second. he was the comeback kid. >> colby? >> i think a vice-president is wrong -- [laughter] although i said all along that i felt democrats would retain both houses, at. in the house, you have 38 possible contests -- 38 tossup contests. 37 art democratic seats. i don't see where they are going to pull this out. >> nina? >> the really dangerous thing, long term for the democrats, is that they are going to lose governorships and statehouses. this is going to be the year were you redraw districts. in 2000, when that happened, they lost a lot of seats' through redistricting. many of them they have now are extremely hard to defend because of that redrawing. >> the vice president was campaigning in st. paul earlier this week. >> i don't have any doubt in my mind -- if we turn out average people, if we turn out to independents, republicans, and democrats who are in a struggle like all of us are, if we turned out, we've been. [applause] -- we win. [applause] and [ have no doubt, i have no doubt, if we do not, we will lose and we will see a rerun of the last movie that ended in a deposition for so many people -- the decision for some people. >> that is the definition of a tautology. if we turn to democrats, republicans, an independents, we win. that is so sort of how democracy works, if you get all three elements. >> two quiui things -- shout-out for joe biden. he is the happy warrior of this campaign. this is a campaign where democrats are the melancholy gang that could not shoot straight. it is good to be terribly difficult to redraw the new congressional lines for republicans because they will have to protect all of these new republicans coming in, and old ones will be furious that the districts will be tempered with. >> here is what the democrats are up against -- september unemployment figures, but 6% to 14 consecutive months of -- on a plan figures, 9.6% off. 14 consecutive months of covering about 10%. >> who is going to go out because of karl rove? as long as the numbers stay where they are, the democrats are going to be in trouble. jobs, jobs, jobs. if he cannot do anything positive on the economy, he is in trouble. >> that is the point, you try to change the subject. if you don't have anything positive to say, you change the subject. >> that is what they say in law. if you have law on your side, or to the facts -- are to the facts, and tif you don't have either, pound the table. you say joe biden is the happy warrior. you arthe happy warrior if you ardeluonal. the governorships, i will make a bold prediction, the governorship that democrats will retain -- new york state. if anyone has seen the latest advertisement put out by the challenger, it is the most lunatic ad i have ever seen, where he tries to defend itself against accusations of sexual scandals, and there is reference to the prowess of his opponent. that is a word i've never heard in a political ad. [laughter] >> if there were rumors of sexual prowess, he would not turn it down. -- you would not turn it down. [laughter] on mortgages, anybody who has bought a mortgage in the past 25 years has no idea who is holding it. each month it would change. why the hell do these lenders kind of pass it on -- >> that is absolutely inexcusable. no excuse. if you cannot document alone as a banker, and you do not belong in -- if you couldn't document a loan as a banker, he did not belong in the business. i would not givivthem a dime. >> amen. >> it is a double emmy. > --s double whammy. >> where is all the cash coming from? >> washington liberals are trying to trick you. >> as budget committee chairman, i approved billions in deficit spending. >> ouch! >> that is how john spratt's votes in congress feel. they heard. >> the target is john spratt, a democrat, who has no idea who is attacking him or the money is coming from. >> nonprofit groups like americans for prosperity or americans for apple pie. [laughter] i made that last one up. >> thanks to the citizens united supreme court ruling earlier this year, millions of dollars can be pumped into our elections and they don't have to tell us where the money's coming from. >> this is the next battle, a scandal in the making. they don't have to disclose anything. eventually, this is the kind of thing that led to watergate. >> are you or any democrats getting soft money like this? >> no, but they are not getting -- it is 8-1. >> whining. >> let m finish what i was going to say. eventually we are going to have real problems with this. there is a disclosure law pending in congress that republicans blocked, and this is -- what we see here -- what i am curious about, i don't have e e answer to, is what is happening in the state's. we have fewer and fewer newspapers, television stations that more and more go for "if it bleeds, it leads." is thereny serious covage about the amount of money being spent and we don't know where it is coming from? that is a problem in democracy. >> "the new york times" had a piece the other day where he tries to chase the money and he talked to some guy inlorida. he gives a but because he cannot figure out. >> he gets a voice mail after gores mill. this is hypocrisy by the republicans. i don't say this because i am partisan the republican position has been that we should not limit contributions or expenditures, but what we should have its full, timely, complete disclosure. sunshine is the ultimate disinfectant. larry kudlow, the conservative economist, to his everlasting credit says that it to be the position now. my old job in -- my old champion john mccain has deserted this cause, and soliciting at companies in egypt and india to cut in amecan polits. >> the chamber of commerce overseaes and is the national chamber putting this out there. i don't think they are going to do it two years from now. there will be pushed back -- some of the corporations that have pumped money into these cases are going to h he to be held accountable they are going to hear from their customers. >> how do we identify them? >> they will be identified. this is not top-secret information. they are going to be held accountable. i believe that. >> this is winding -- whining squared. democrats are in the game, but they are losing the game so they are unhappy. the law came from the supreme court. it decided that this kind of disclosure -- i am not a fan of the ruling, but it i1 the law, so it is within the law. secondly, demoats are complaining abt wmuch republicans are raising to in the last election cycle, obama lot raised $600 million, breaking all records in the galaxy. he raised another $300 million for the dnc. i am saying that the supreme court has decided -- >> but the question is from where. >> you showed that clip of the president read the implications are that republicans are purchasing the election. that is nonsense. rove has raised $50 million, unions have set aside $100 million. the difference is that the union member does not have a say in where it goes, to a democrat or republican, even if he is a republican. that is not white republicans lost in 2008 and not why -- not why republicans loss in 2008 and not why democrats are going to lose in 2010. >> it is approved by the union members and their political action committees. >> individual member of a union -- >> it is a democracy. let's get this straight. you are barbara boxer in california -- >> not voluntary -- >> they should be. do it on your own time. >> how do corporate pac's operate? >> barbara boxer is accused of destroying jobs. dick blumenthal in connecticut is called the worst attorney general in the united states. there is no attribution, no acknowledgment, no credit. no accountability. big republican word -- accountability. where is it? >> does the constitution guaranteed free speech to those who torment family members of those who died in combat? >> theestboro baptist church pasta product was so extreme it went past all bounds of human -- westboro baptist church's conduct was so extreme that it went past all bounds of human decency. >> that is albert snyder, the father of marine lance corporal matthew snyder, who was killed in iraq and 2006. the funeral was started by members of a small topeka, kansas baptist church who claim that the deaths of the soldiers and marines and others in combat is god's punishment for whom such quality. -- for homosexuality.. a baltimore jury are awarded him $10 million, a judge could have, -- cut it in half, and i went to the supreme court. what were the arguments like? >> it was interesting. you could see the justices will struggling with this. some of them were clearly looking for a way out, for an exception for a funeral or to deal with the kind of society we live in where you can harass people on the internet with your posting, the unbelievable things that get published. it is a very difcult thing to draw this kind of line. >> it is like the skokie, illinois case. >> you can apply a standard of decency to any kind of political speech, because once you do, you have changed something fundamentally in the country. this is a hard case, but it is a case where you want to rea firm that we do not draw those kinds of lines. it is the most painful kind of case, but it is obvious that speech that is indecent is not something that you want to have to protect. it is like the burning of the koran or the nazi march in skokie, all kinds of stuff that we don't want to see what you have to allow, because once you draw the line, then you are in real trouble. you are giving political control over political speech. >> i stand in all of albert snyder, the father of the marine -- in awe of albert snyder, the father of the marine, that he could expressed forcefully and with strength what must be tearing him apart. i agree with charles' conclusion. >> it is despicable and i would like to point them out for doing what they are doing. -- punch them out for doing what they are doing. given some of the behavior i see at family funerals, i take thos people -- funerals, wakes, post- funeral gatherings -- people tend to act out. i think in reality, it if it happens at one of my funerals, i would just go ahead and punch them out -- >> could you established perimeter? could you make it wider? there are practical ways to approach it. at a political convention, and you can only demonstrate in certain areas and that is an argument about safety. >> justice taggant at the argument actually said that -- justice kagen at the argument actually said that. one of the things that upset albert snyder so much was a posting on this pastor's website that he saw 30 days later. >> but you cannot regulate websites in that way. that is crazy. >> there are postings on websites about all of us. >> he did not see the signs at the funeral. he saw them on television. >> how did kagan strike you? >> she seemed part of the gan. having covered the court for several decades, seeing three women out there, it felt really different. >> there you go prepa -- there you go. a vice president hillary clinton and secretary of state joe biden? >> i have no reason for doing anything other than dismissing the story and moving on. >> secretary of state responding to recent comments by bob woodward that a job swap with the ce-president joe biden prior to the 2012 election is on the table at the white house. this rumor has been floating around for months, colby. >> but robert gibbs knocked it down pretty hard, the press secretary, this week. i suspect we will not find the principals talk about this, but friends of hillary, who probably have a good idea. that is where it will stay. i don't think they are close to talking seriously about this. >> what do you think, mark? >> when speculation like this, which is always speculation, starts, part since see the vice president as a liability, like with a dan quayle. but that is inside baseball, and a reflection more of the problems with presidential candidates, and that's what this reflects. i don't think it is real. i think it is washington kind of chatter. but if, in fact -- unempyment you announce today is 6%, obama is 61% approval, this is a hell of a ticket. >> this is the power of bob woodward. he repeats the idle chatter that has been going on for months, and suddenly it is serious. it could happen. it could happen in two years. but at the moment, mark is right, it is a reflection of obama's problems, not joe biden. >> but if there is no rapid, a strong recovery in the economy, and you go into 2012, and you are a republican, i would say that if you had that swap, at that would be something i would be brief about breed her constituency is a constituency with which obama is cratering -- something i would be worried about. her constituency is a constituency with which obama is cratering. i think would be a good idea if i were a democrat. i am not talking about how it worked psychologically, but as a political issue, it would be done. -- it would be good for them. >> at the beginning of this broadcast, we showed christine o'donnell saying, "i am not a witch. i am you." >> i am in a distinct minority, i think it is a good spot. it is important for her, given all that is swirling around her but she is a target of opportunity for anyone to the left of charles krauthammer, and maybe for charles himself. she has to go on, and bite presented herself, as she does well, she puts a lot to some of the myths about her. now, there are still stories she has to answer, but i thought it was a good opening. >> i thought it was ok, but then it gave her opponent an opportunity to say, "oh, yes out? she is you? no, you are not." >> that ad is not going to change a thing about her. the things she has said, things she has done, misrepresentations, they are there on the record. the latest polls show a widening gap. >> in west virginia, they just up new york actors as working people, farmers, and the people of west virginia are outraged by this. >> casting calls ask for hicky, hick-like people. >> joe manchin, who was running for the senate, as is 70% approval rating. a focus group of democrats said he is a great governor and are voting against him to send a message. this is a problem. >> another problem, he supported obamacare and now he says he does not. there is not a single democrat and the country, with the exception of russ feingold, who advertises support, and are many who are saying they oppose as away at saving their seat. one of the complaints against obamacare is not only what is in obamacare, but the fact that the democrats spent a year and half on this, which is not high on the agenda of a lot of voters, instead of addressing economic issues. has been a complaint, that they have been ideologically driven and not looking after the bread and butter. >> russ feingold may lose in wisconsin? >> i would not bet against him, but he is the underdog at this point. he is running on defense on health care, because his opponent says that he will repeal it. ok, you will repeal existing and -- you will repeal pre-existing conditions. on christine o'donnell, the republican candidate for republican over georgia -- for governor of georgia had a financial disclosure and it turns out that after he got the nomination, instead of having a net surplus of $2.5 million, he owes $3 million, and it will be due in 2011. if you want to start looking at people and their visa cards, like christine o'donnell, how about nathan deal -- >> and he is 6 points ahead in the polls of roy blunt. that shows you how big the mountain is. >> colby? they are not all running away from obamacare. in kentucky, where rental is probably ahead, -- democratic -- where rand paul is probably ahead, at the democratic attorney general says he is in support of obamacare. >> you get the last word. see you next week. for a transcript of this broadcast, log on to insidewashington.tv.