revealed. he must put up $1 million in cash and post bond of $5 million, he had to surrender his travel documents and agree to home detention here in manhattan. he lives in washington. his lawyer argues he's not a flight risk. even though he was arrested on a flight about to leave for paris, the lawyer said it was a prescheduled flight, not a last-minute booking. >> it's indisputed that the police knew his wants is because he called the hotel, the scene of this incident, from jfk airport, to inquire if the hotel had located his cell phone or the hotel advised it had and asked him his whereabouts, which he promptly told them. indeed, he called the hotel a second time, called security a second time to advise that the plane was boarding and to urge the hotel delivery people to please promptly bring his cell phone. >> before the hearing got under way, he was indicted observe charges. he's accused of attacking a maid on saturday. the prosecutor argued that the evidence is strong. >> the complainant in this case has offered a compelling and unwavering story about what occurred in the defendant's room. she made immediate outcries to multiple witnesses, both to hotel staff and to police. and the quick response by the hotel staff and law enforcement did help apprehend the defendant before his flight to france took off. >> late last night, dominique strauss-kahn resigned his post at the imf and in a letter denied all allegations against him. the bail ruling, what does it stipulate? >> it's interesting. basically under the terms of bail, his wife has remitted an apartment and they're going to stay there together. he's going to be on home detention, monitored by a private company. he will be picking up the costs. it is $200,000 a month, that's what he's going to be paying. he's going to have to wear an electronic bracelet. one armed security with him at all times. if he goes out to meet with lawyers, go to religious ceremonies, something like that, the armed guard will accompany him. he's not going to be wandering all over new york city. and he will have too check this with the court. the court will make sure he's calling from a particular land line inside the apartment. unclear whether he'll have to check in one, two, three times a day. >> what is the indictment, what have we learned about the alleged crime? >> the indictment puts to rest some of the more salacious pieces of information that appeared originally in the complaint. the complaint had a lot of information to support the charges as they had been laid out. the complaint alleged all manners of sex. the indictment charges dominique strauss-kahn with forcing the housekeeper to perform a sex act on him and it also accuses him of allegedly attempting to have sexual intercourse. two things to note. that is the district attorney in announcing the indictment, he made a very interesting distinction. he said, under american law, these are serious charges, pointing out american law. he also said that these were nonconsensual forced sex accuseds, referring to the fact that his lawyers suggested the evidence will not show this was a forced encounter. also, what was interesting in announcing the indictment, it was done in three languages. it was released in spanish, english and in french. >> because of worldwide interest in this case. i want to bring in jeffrey toobin and noted defense attorney mark geragos, as well. mark, what do you make of the case against this man? how would you try to go about defending him? >> well, i think you just have to wait first, and i'm sure ben is going to find out what the evidence is. he needs to see what -- ben is the, i assume, the lead lawyer here. he's going to wait and see what they have before he decides how to approach this. he's not going to jump to any conclusions on this idea that the prosecutor announced that it was not consensual and it's a serious crime. you know, it seems like they're already in a position where they're doing pushback. i don't know why. if they have such a strong case, i don't know why they're so defensive. i would expect that ben will be circumspect until he sees everything the prosecutor has before he reveals anything. >> the defense though, mark, has tried to kind of get out the details that this flight was prearranged, that the notion that he suddenly booked this flight and went to the airport is not accurate. >> well, they have to do that, because of the bail hearing and what the grounds are for granting the bail. whether he's a flight risk. the prosecution tried to paint a portrait that this was somebody grabbing the first plane to france. they invoked the two words that every frenchman fears most, roman polanski. all they've got to do then, and what i assume happened here, is show that it was booked, that it was booked prior to this incident, and that he was the one, as mr. taylor was saying just then, he had called twice. he was the one who alerted to where he was, he was at jfk. if this was somebody trying to flee, he's not going to call for his cell phone. he would have got on the flight and he would be dwone and they never would have seen him again. i think you do have to push back when you're talking about somebody's liberty. the idea that it was no bail for a couple of days is ludicrous, because this is not a murder case, this is not a no-bail case. this is a case where he should have received bail and did receive bail today. >> jeff, last night on the program you predicted he would receive bail and resign from the imf, both of which have happened. you say you think he got lucky with this bail. >> this was a close, close question. there are judges in that courthouse who definitely would have denied him bail. start with the fact that he's not an american citizen. most american citizens, most non-american citizens who are arrested in the united states do not get out on bail. particularly those charged with serious felonies. he's very fortunate that he has the resources to put together a package with home detention. how many people in the world can afford $200,000 a month for monitoring? he's very lucky. and consider how long it's going to be until trial, two months, three months, maybe even longer. all those months he would have spent in jail. instead he's going to be with his wife in an apartment in manhattan. it makes a huge difference in his life. >> mark, when you're represent ago client like this, how time consuming does this become for the client? last night jeff was talking about he needs to dedicate a lot of time focusing on this case moving forward. is that what you found with clients? >> in this case, given the stakes here, there's no question. he's going to spend 24-7 on this case. there's no way that he would have been able to retain his position, even if released on bail. so this is something where he's going to have to dedicate his life to getting out of this. for all intents and purposes, he's facing a potential life sentence. he needs to defend this case and meet with his lawyers and do everything possible. this is going to be an all consuming case for both him and frankly for the lawyers. >> what do we know about his visitors? >> it's interesting, the prosecution was arguing he should only be allowed one visitor aside from immediate family, but the defense lawyer said no, they have a lot of friends that want to see him. one interesting thing, anderson, watching him in court, he seemed much more relaxed when he saw his wife, he smiled and blew her a kiss. he was much more pulled together than he had been when we saw him earlier in the week. there does seem to be a little change in the dynamics. you have to keep in mind who this guy is and who he is used to hanging out with. this guy is credited with saving greece and portugal and ireland. so he knows diplomacy and negotiations and it seemed to me, and jeff, you can correct me, he seemed to have a better feel for what was ahead, what was to come, and comfort being surrounded. >> the first 48 hours have to be like being hit with a truck. >> it helps to be a public figure. i remember watching o.j. simpson in the courtroom. he had presence, he knew what it was like to be looked at. i think dominique strauss-kahn is going to have a similar presence in the courtroom. in the dna evidence inkrim nates him, none of that matters but it helps. >> mark, do you agree with jeff that it helps to be a public figure in terms of knowing how to present yourself in court? >> it certainly doesn't hurt. this is somebody that has been in situations where he knows how to handle himself and that beats the heck out of somebody who doesn't. and the fact that he has a high profile job and by some accounts probably one of the most high profile jobs in the world, certainly is not going to hurt him. at the same time, the things that do hurt him is that you're going to have prosecutors and judges who are going to, with all of the media attention, try to make sure that he never seems like he's getting a break, so to speak. i don't think that anybody else is going to have the amount of attention that he has paid to their case in new york at this time. so it's a double edge sword, if you will. >> certainly for the alleged victim, this is a woman whose life will be changed. if she has to confront him in court, that will be overwhelming. >> the trial, if there is a trial, will be incredibly stressful for her. there's one big decision the defense has to make, they really only have two choices. is the defense consent, or is the defense, i wasn't there at the time? you can't argue both. that's why they have to just sort of see what the evidence is, talk to their client and we'll see where it goes. >> jeffrey toobin, thank you very much. mark geragos, great to have you on the program. let us know what you think on facebook or twitter @ anderson cooper. we have a lot ahead. up next, we're going to tell you about criminal charges against a homegrown advocate for terror. a muslim extremist here in new york who has been trying to convert people on the streets. there's been an arrest for threats made against the creators of "south park." >> we're commanded to terrorize the disbelievers. >> you're commanded to terrorize the disbelievers? >> the koran says clearly in the arabic language, terrorize them. it's a command from allah. and sarah palin says leave newt gingrich alone. she slams the media for playing gotcha. and his explanations and denials are, well, you can judge for yourself. we'll tell you what he's saying today and how it differs from monday and sunday. cer ] in 2011, at&t is at work, building up our wireless network all across america. we're adding new cell sites... increasing network capacity, and investing billions of dollars to improve your wireless network experience. from a single phone call to the most advanced data download, we're covering more people in more places than ever before in an effort to give you the best network possible. at&t. rethink possible. how'd you do that? 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[ indistinct talking and laughter ] whew! i think it's worth it. working with a partner you can trust is always a good decision. massmutual. let our financial professionals help you reach your goals. and all we need to do is change the way we're thinking about them. a couple decades ago, we didn't even realize just how much natural gas was trapped in rocks thousands of feet below us. technology has made it possible to safely unlock this cleanly burning natural gas. this deposits can provide us with fuel for a hundred years, providing energy security and economic growth all across this country. it just takes somebody having the idea, and that's where the discovery comes from. is we are we have more breaking news tonight. they try to recruit new followers on the streets of new york and online. well, now a man named jessie curtis morton, who we've interviewed in the past, has been charged with threatening the writers of the comedy series "south park." he seemed to believe they insulted the prove et "muhammad." they portrayed the prove et wearing a bear suit. this is a shot what angered members of the group. in an interview he gave to drew griffin, he was quoted in the affidavit. here's part of drew's original report. >> reporter: you're commanded to terrorize individuals? >> the koran says clearly in the arabic language, terrorize them. it's a command from allah. >> reporter: so you ore commanded -- >> to terrorize them. you define terrorism as killing an innocent civilian. i define terrorism as making them fearful, so that they think twice before they go rape your mother or kill your brother or go on your land and steal your resources. the commands that you disavow and make hatred with democracy, between nationalism, between secularism, and that you see obama as the enemy he really is. that you see the united states as the enemy it really is. >> reporter: they may seem crazy to you, but you are not their target audience. the fbi has assigned agents to watch them, to monitor their website, and perhaps more importantly, watch those who are viewing and listening. >> drew griffin joins us with more now. what is the fbi asserting here? >> reporter: that this man actually posted threats on the website that we've been covering, revolution muslim, threatening the creators of "south park." the fbi is basing this not just on the postings, but intercepted e-mails and communications that show intent, that is what the fbi is saying, the intent to cause harm to the creators of "south park." >> when you interviewed this guy, he seemed to go right up to the line of protection under the first amendment. >> hiding behind the first amendment. he thought that he had that first amendment protection. the fbi told us at the time that he was indeed going right up to the line and not crossing it. what we didn't know, anderson, was the fbi was also monitoring his communications with other people involved in that website. and they have now brought charges against this man, saying that indeed these were threats made and this is in connection with another case of a guy who is already serving time. >> but this guy muhammad hasn't been arrested. do we know where he is? >> the last time i communicated with him was in morocco. if he is in morocco, he's somewhat protected because we don't have any extradition treaty with that government at the moment. >> he's already been sentenced to 25 years in the case -- 25 years in a different case? >> it's resulting in the same case, it involved threats in the "south park" case but also included materially supporting a terrorist group in somalia. zachary chester is serving 25 years. his postings a little more radical and direct and even sent out guidelines on how to capture, beat and terrorize suspects or people. a little more explicit. this is a little more nuanced case. it's going to be interesting to watch how this is prosecuted. the fbi believe that these were threats made in violation of u.s. code, which says you can't do this using interstate commerce, namely through a website. >> i want to remind viewers of what we're talking about. this was a "south park" episode, which has poked fun and everybody, every group. in this episode they were poking fun at jesus, at buddha, if memory serves me correct. i think we have a clip of part of this episode. >> you've done the town a huge favor, muhammad. >> hold on a second, stop. there's some extremists threatening if we give muhammad to the celebrities, they're going to bomb us. >> what? >> it's just a stupid threat. come on, we don't want to piss tom cruise again. >> the whole idea, from what i remember, showing the bear costume is because he's the only religious figure who you can't show on television because you don't want to upset groups, that's why he was in the bear costume. how dangerous do authorities think the group that this guy was associated with has been? >> we can tell you from our own research that this site, revolution muslim, and it's now a site that continues to be run, we believe from morocco, has attracted a lot of homegrown terrorists. in the past two years, there have been about 30 cases of homegrown terrorism, acts trying to be carried out or plots being made. we believe 25%, 30% of the terror suspects in this country have somehow been linked to this site. it has been a problem for the fbi and they believe that this one site in particular has led to a lot of radicalization here in the u.s. >> interesting stuff. drew griffin, thanks for the reporting. drew has been following this story for a long time, this group. coming up next, sarah palin taking a shot at, get this, what a surprise, the lame stream media for playing gotcha with newt gingrich, whose presidential campaign has run into trouble. you can decide for yourself if the media is targeting newt or if newt is targeting newt in this particular instance and whether this question that he was asked really was a gotcha question at all. another blockbuster from arnold schwarzenegger. this time the shocker is all about his movie career. we'll be right back. i know you're worried about making your savings last and having enough income when you retire. that's why i'm here -- to help come up with a plan and get you on the right path. i have more than a thousand fidelity experts working with me so that i can work one-on-one with you. it's your green line. but i'll be there every step of the way. the media is targeting newt or . like every single american airlines flight. orbitz doesn't have them. but you'll find all 3,400 of them at aa.com. every day. and started earning loads of points. you got a weather balloon with points? 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[ man ] so i used mine to get a whole new perspective. ♪ [ male announcer ] the new citi thankyou premier card gives you more ways to earn points. what's your story? citi can help you write it. keeping them honest tonight, you would like politicians to stand by their words, even if that's what they truly believe when they say those words. or if they no longer do because they misspoke or got it wrong, you would hope they would apologize and take responsibility. tonight, newt gingrich seems to be doing a little bit of both and a bit of neither simultaneously after what he said touched off a firestorm in his own party. he's now saying that he really wasn't saying what everyone thought he was saying and he wasn't talking about who he clearly was talking about. he apologized personally to him, but now he's saying, well, it's hard to know what he's saying right now. in addition to that mind bending new twist, sarah palin is getting into the act and it's still only thursday. just four days since gingrich went on "meet the press" and expressed his reasonably political disagreement with paul ryan's plan to privatize medicare. >> i don't think right wing social engineering is any more desirable than left wing social engineering. i don't think imposing radical change from the right or left is a very good way for a free society to operate. >> that was sunday on "meet the press." when fellow republicans heard that, they went ballistic. paul ryan was saying, with allies like that, who needs the left? by tuesday, gingrich called paul ryan to apologize. but he was blaming, of course, the media. >> look, i made two mistakes. first of all, if you listen to the question david gregory asked me, i should have said i'm not going to answer it. the second was some of the words i used. but i was trying to say something that's really important. we are at the begin