the unconstitutional power grab. she links it to the president and adolf hitler. what is up with the new page background? big banks and wall street done. >> it's over. >> we are poised to pass the toughest financial reform. >> every one of those ideas people told me has now happened. >> what about the jobless benefits bill? are there no prisons? are there no work houses? worses. nice work washington post. and fix news madness reaches new heights. >> it took the president a matter of hours a matter of hours to pick a new commander for afghanistan. why is it taking so long for the oil spill. shake hands with birdie dogette. the news and commentary now on "countdown." good evening from new york. the judge who declared the freeze on deep water drilling illegal refused to state his ruling until obama administration could have appealed it. the fort folio of energy stocks when this week, he sold his holdings in exxon. in a moment, john dean on ethical standards for judges or the lack there of. the defense of bp begins with sarah palin claiming it's not a defensive. legal documents released saying the judge sold his holdings in exxon mobile tuesday the day he blocked the moratorium on deep water drilling. he still owned the stock on monday when the hearing was held. exxon mobile under the moratori moratorium, according to the newspaper he did not appear to have owned stock in company affects. among them, ocean energy, el paso corporation, energy transfer and cross tex which could be affected. if he were to have rekused himsz, another courtroom might pose less of a conflict. a press announcing more than half of all federal judges in the gulf districts where oil lawsuits are pending have connections in the oil industry. if you think the supreme court is a recourse. the supreme court justice responsible for the fifth circuit is sko low ya, a close friend of judge martin feldman. tonight, the justice department appealing the decision, asking them to put a hold on the decision, not a blanket moratorium this time. a more modest stay that would affect the deep water operation that is present safety concerns raised by the deep water horizon event, 33 rigs. in other news, bp saying it's on target to complete drilling by mid august, when it cliaims is the best chance to stop the gushing. the national hurricane center warning the first tropical depression of the 2010 hurricane season have been formed in the western caribbean. bp saying it needs five days to move the equipment out of harms way. as promised, let's turn to nixon white house con sill john deal and the author of the book "conservatives without conscience." thanks for being with us. what is this that allows the judges to hold stocks in companies they are going to rule on? >> there's a system that prohibits that. don't give anything that gives the appearance of an inpropriety. he doesn't appear to own any affected by his decision. he is certainly given the impression he's a man who is very much in the hold and interest of the stock or excuse me, of the oil companies. >> even if the rules allow stocks to be owned, is the judge somewhere instructed by the codes of his profession to rekuz himself because of the appearance it presents? >> he could rekus himself at any stage. he unloaded his exxon shares before he went into court. it's interesting. he held the stock at the time the complaint came in. just before the hearing, he unloads it. he made the decision to get rid of it because i'm going to rule in favor of the oil companies. it's going to look con spispike. >> i was going to say, selling the fairly relevant stock in the middle of the hearing, in some ways, is it not worse than not rekusing yourself to begin with. >> it's telegraphing where you are going to come out. he knew, if he ruled against the oil companies, he would have no conflict. he's ruling against his own best interest in the case. the fact that he sent the letter amending his financial disclosure statement before the hear sg troubling. very troubling. to the government's appeal of the decision. if half the judiciary holds energy stocks of some sort, if the step up from this is an admirer and close friend of judge feldman, do they have any chance of getting the moratorium upheld? >> as i wrote, i don't think the justice department should bother. scoloa has went out of his way to praise him. he's written articles in a law review to honor him. they were tennis partners when they get together. they have a clear, close personal repore. he's never met a conflict of interest he was troubled by. >> are there implications to judge feldman's ruling that go beyond this and bp and the moratorium? >> there are. it's a broad. first of all, the order that came down prohibiting the moratorium, not only the gulf, but here where i live. yes, we have a judge sitting in new orleans who's very interested in the oil industry making decision that is affect california. it is a very broad situation and i'd soon not have a new orleans judge deciding what happens to our coastline. >> is there any prospect the appeals court would be interested in this limited version of the appeal presented by the department by secretary salazar and his attorneys? >> we can certainly hope they are. you know, at the appellate level, they will give a fair look that was given at the trial level. we don't know what's in the record. there was a powerful brief filed by the department of interior. very persuasive brief. the judge at the trial level ignored that. hopefully, they will get another shot. there are complex legal issues as to jurisdiction and what the judge was doing and whether he was following the sta statute. there is a chance. it's not over yet. >> john dean, council in the nixon white house. a pleasure, always. have a great weekend. >> thank you, keith. supporting bp without saying you are supporting bp is the defining challenge of our times. a republican icon, sarah palin did so on twitter by indirectly invoking hitler. gop, don't let the lamestream media suck you into the defending bp over gulf spill victims bs. this is about the rule of law versus an unconstitutional power act. that's right, palin urged the gop not to get sucked into bop without explaining how and linked them to an article comparing obama to hitler. louie, from texas, accused the obama administration of being in bed with bp and actually quoted the hitler accusation. >> when adolf hitler was building up the nazi movement in the 1920s, i'm quoting from the editorial, leaning up to his taking power in the 1930s, he deliberately sought to activate people who did not normally pay much attention to politics. useful idiots was the term coined by v.i. lennon to describe similarly unthinking supporters of his dictatorship in the soviet union. this isn't in the article. this is my comment. we have useful idiots today who are hard to say, wow, what we really need is for the president to be a dictator for a little while. >> no one said that. google turns up six references, all six are gomer. we know about useless idiots, the right wing coke oil family created by the man who brought you the great depression, met with hitler in the '30s. you know which other politicians try to activate people who don't pay attention to politics? all of them. as long as we are quoting him, it seemed as though palin has a background to it. thank you. that was going to bother me all night. joining us now, eugene robinson associate editor of the washington post. genlg. >> good evening, keith. >> comrade. >> quick, let me sell my bp stock. it's taken care of now. >> the argument here is no private property, including $20 billion can be confiscated without due process. what he wrote is technically, it has not been confiscated by barack obama. this is distinction without a difference. it seems he did not do the thing that would make him hitler, it's a big difference, isn't it? >> first of all, this is not a technicality. it's the difference between yes and no is not a technicality. the defendant is guilty. technically, he did not commit the crime. there was no crime, however the defendant is guilty. i thought thomas is always wrong. maybe that's a distinction without a difference. >> when you speak intellectual integrity, sarah palin jumps to the forefront. does she know what she's gotten into? did she read that much of the article to see that? was it conscious or like most of her things unconscious. >> i'm going to say it went in one ear and out the other and managed to get tweeted on the way. you know, it was attacking president obama. gee, what's wrong with that. you know, don't you think that's a good idea? she kind of jumps in. she seems to be untroubled by the analogy. by now, she would have understood you have to read these things and try to understand them. >> we just heard gene robinson's sarah palin impression. something to carry through the weekend. >> i think her pounlt, i'm going into dangerous territory. the gop is not defending bp, it is defending the rule of law against unconstitutional encroachments. palin never had a problem with unconstitutional encroachments or individuals such as accused terrorists, people who might be innocent. if there's nothing illegal about what obama was doing and bp has lawyer that is could have stopped this, would that not mean gop is not really gopbp and they are defending bp? >> obviously, yes. of course they are. among those who have no problem with the escrow fund is bp. they set up the escrow fund of money that the company was going to have to pay out anyhow. i spent a half hour with bob dudley, bp's new chief of disaster relief and containment this morning. not one did he even mention, even bring up any sort of bp discomfort or displeasure with this fund. so, in fact, the republicans are way out on the limb by themss. they don't have the company out there with them. >> a week before the deal was announced at the white house, reports out of england were there was an offer bp was making in exchange for which they would get the good publicity. not only something they did not oppose, it's something they proposed. >> and that they accepted willingly. there were other things that could have been done that bp would have disliked and were not required of the company. but, this arrangement is fine. it was -- they were not compelled to do this. so, i don't quite understand why republicans think this is a winning political argument. i suspect it is not a winning political argument and i suspect there are a lot of democrats who are happy to see them persist in this line of attack. >> it wins in the sense it wins you the money to get you renominated or to the election without putting in your own cash before you get fired. gene robinson. have a good weekend. thanks for the impression. >> you are so welcome, have a good weekend. the crises in the gulf ripples out. the explosion, the gusher, the sea ecology, the beach ecology, the flora and fauna. now, greater health concerns. a plea from physicians to not repeat the risks that those of 9/11 were subjected to. 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[ male announcer ] but it's definitely a conversation worth having. twenty million men have had their viagra talk. when you're ready for yours, visit viagra.com for helpful conversation starters and to learn how viagra can help. ask your doctor if your heart is healthy enough for sex. don't take viagra if you take nitrates for chest pain as it may cause an unsafe drop in blood pressure. side effects may include headache, flushing, upset stomach, and abnormal vision. to avoid long-term injury, seek immediate medical help for an erection lasting more than four hours. stop taking viagra and call your doctor right away if you experience a sudden decrease or loss in vision or hearing. it's time to take a deep breath... and ask your doctor if viagra is right for you. treated rescue workers responders and residents in the aftermath of 9/11. they saw what bush deemed safe did to workers at ground zero. the fourth story, a group of doctors asking the obama administration to avoid the mistakes made after 9/11. in a moment. first, the newspapers obtained a newsletter sent to federal health and safety administrators signed by 14 doctors asking for the maximum level of protection to workers in the gulf. failures to recognize the errors made from the response to the wtc disaster may lead to risk in the gulf and amplify the human health risks. leaving as little as possible to the d -- the thousands working to lean up bps mess. it would already be too late. about 100 different illnesses have been reported with symptoms from chest pains to nosebleeds to stomach ailments. many fear almost 70 days in, this is just the beginning. joining me now, author of "silence in the sound," merle savage. thanks for some of your time tonight. >> thank you, keith. >> what is the, in your opinion, the biggest health tlet the clean up workers are facing. which should be given priority? >> i think the crude oil. breathing in the crude oil because the vapors from that is going to determine how it affects their health and the rest, you know, the fact they are breathing it in is going to affect them tremendously. >> you have suffered from health issues, stemming from your effort cleaning up exxon valdez. >> it's the same thing. i had a hard time dealing with it because it affects your breathing and we all thought it was the flu. but, everybody got it. we kept it. when i went home, i continued to have the same problems with breathing and i was always sick. always. >> the doctors who wrote this letter, they want more government involvement. is that the answer here or is there something else to solve this? >> well, we have a lot of people out there offering suggestions. but, it's not going anywhere, is it? the people in the gulf are still getting sick. nothing is being done. bp is not even letting anyone know that it is toxic unless -- think about this. if you are given warnings at the gas stations for breathing the refined oil, don't you know that it's bad for your health? bp is not telling anybody. of course, the government is not standing up and doing anything, either. no one is. >> so, you want to head down there and literally parade as the term was used, respirators to show they are necessities for people along the coastline? >> yes. if i had finances, i would go down there and wear a respirator and clothes that would be protection against it. because if you touch it, if it becomes -- if you ingest it, anything, you need to be protected. i would wear that. i would walk the gulf coast and protest. i would do it alone. >> earlier this week, fishermen in alabama took his own life and the congressman of louisiana said one area agency has referred more than 1,500 people for counseling for depression already. are we doing anything preventive or anything in terms of immediate care in terms of mental health? >> no. nothing has been done. no one will actually indicate that we suffered from the exxon valdez. if no one is stepping forward, we are left and a lot of people, a friend of mine passed away this past july. i know of a lot of people where it's affecting them mentally. >> if bp is not adequately training their workers or giving the proper equipment or threatening to fire anybody who brought their own rez pray tors, what can workers do to protect themselves? >> well, not go. i had a mother call me from florida. her son was going with a friend of his. after talking with me, he decided not to. i was thankful. for $15 an hour. your life isn't worth it. i would -- well, i guess they are not letting them wear respirators. i don't know what to tell workers to do but don't go. it's not worth it. i have suffered for 21 years. merle savage, survivor of the exxon valdez oil spill. thank you for stepping up and speaking up. >> thank you, keith. the financial reform compromise is reached. the jobless benefits is scuttled. ♪ a day once dawned ♪ and it was beautiful ♪ ♪ so, look, see the sights ♪ that you learned [ male announcer ] at&t covers 97% of all americans. ♪ this summer, get the exclusive samsung strive for just $19.99. only from at&t. bolt that burrito. no matter what life throws at you, you can take the heat. until it turns into... heartburn. good thing you've got what it takes to beat that heat, too. zantac. it's strong, just one pill can knock out the burn. it's fast, the speed you need for heartburn relief. and it lasts, up to 12 hours. so let them turn up the heat. you can stop that heartburn cold: (sssssssss!!!) zantac. wall street reform accomplished. the deal made, any way. the unemployment, you are still screwed. on many levels, the most surreal thing you'll read today,backman and her husband own a health care practice in still water. let's play odd ball. we begin in sabo city in the philippines where the sad anniversary of michael jackson was commemorated. they should look familiar to you. we brought a video of larger inmates dancing to "thriller" at the detention and rehi billation center. they have done their time. now, they are shaking on the outside wearing their trademark tangerine jumpers by choice. they wowed a gathering with their jackson-like moves. tomorrow, back inside the jail. the rest of the chain gang will do it. 300 members of the public are expected to attend. no, i don't have any extra tickets. in germany, paul the octopus is the winner of the big world cup soccer match. paul was presented with two boxes. one with the jerman flag, the other with the cross flag. he was born in england, apparently. he slinks to the box on the left. final score, 8-0. a, the country he eats, aren't they the losers. b, why are we soliciting an all feets sport from an october pus who is all handses. on youtube, the formula is simple. own blows horn, dog barks, owner yells. one dog simply had enough. >> stop it. >> all right. let's try ta at your house. nah. we'll let the republicans block unemployment extensions, again. next. 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