attempt to justify mr. rodriguez s continuing refusal to testify under oath. a number of sportswriters are suggesting a-rod and lawyers are appealing to the court of public opinion and hoping for better luck with a federal judge because a-rod is suing baseball and commissioner accusing them of a witch hundred. this hearing continues today with a-rod s lawyers but not with a-rod. jon: swing and a miss. reporter: perhaps. jon: rick leventhal. thank you. we ll have more on that with our legal panel later on. jon: we sure will. coming up the legal panel takes up the case and whether he hurt or helped his chances of getting that 211-game ban overturned. hmmm. well an erupting volcano changes earth as we know it. what it s leaving behind sea. a congressman take as leave of absence after pleading guilty to drug charges. we ll have the latest on trey radal.
patti ann: right now, some new info on story s we re watching around the world. a volcano erupts off the coast of japan and cause as small island to rise from the sea. it is not clear whether or not it will remain there. there ar report that is a korean war veteran is now being held in north korea. the son of 85-year-old merrill newman says his father was taken off a plane last month as he was trying to leave the country. his traveling companion was allowed to continue on. the trial begins in the u.k. for two men accused of running down a british soldier with a car and hacking him to death in broad daylight as on lookers looked on in horror. they are nigerian descent and converting to islam. jon: congressman trey radal is