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U.S. Consulate in Saudi Arabia Under Attack; 9/11 Intelligence Reform Bill Stalled in House

Aired December 06, 2004 - 7:00   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


SOLEDAD O'BRIEN, CNN ANCHOR: Breaking news. A U.S. consulate is under attack in Saudi Arabia. There are reports that hostages have been taken. Fears for the food supply.
(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: We know that at least three of the major pathogens or germs that could be used as bioterror agents can be put in food.

(END VIDEO CLIP)

"Security Watch" this morning, how vulnerable are we to the things we eat?

Police literally going inside Michael Jackson's mouth for evidence in his molestation case.

And heavy rains in Southern California creating chaos on the roads. The definition of an accident waiting to happen on this AMERICAN MORNING.

ANNOUNCER: From the CNN Broadcast Center in New York, this is AMERICAN MORNING with Soledad O'Brien and Bill Hemmer.

S. O'BRIEN: Good morning, welcome, everybody. Bill Hemmer's off today, Miles O'Brien is back with us this week. Nice to have you again.

MILES O'BRIEN, CNN ANCHOR: Good to be back. Good morning to you. We're seeing challenges to U.S. security on several fronts this morning. We'll get an update on the developing situation in Saudi Arabia, city of Jeddah. Terrorists attacking U.S. consulates there. Lots of details to sort out there. We'll try to tell you what's going on as well as how many casualties and hostages could be there.

S. O'BRIEN: A lot is not known at this hour. Also this morning on our "Security Watch," we are focusing on threats to America's food supply. Those that are real and those that are just perceived. We'll talk to the safety director for one advocacy group about which foods can be most easily contaminated and what can be done to stop terrorist attacks.

M. O'BRIEN: Jack Cafferty is here this morning.

JACK CAFFERTY, CNN ANCHOR: Indeed he is. Thanks, Miles. This could be the last chance this year to get some sort of intelligence reform legislation through the Congress. The Senate's in favor, there are enough votes in the House to pass it, the president says he's in favor. But in Washington D.C., that doesn't necessarily mean anything and there's a pretty good chance nothing will happen. We'll take a look at it.

S. O'BRIEN: All right, Jack, thanks. The U.S. consulate in Jeddah, Saudi Arabia, has been attacked. The U.S. consulate in Jeddah, Saudi Arabia, has been attacked. Witnesses heard gunfire today and a plume of smoke could be seen rising from the building. State Department correspondent Andrea Koppel in Washington with more this morning. Andrea, good morning.

ANDREA KOPPEL, CNN STATE DEPARTMENT CORRESPONDENT: Good morning, Soledad. We should let our viewers know that no Americans were killed, we believe no Americans have been injured at this consulate. The video you're looking at there is the red seaport of Jeddah. The U.S. consulate is a large compound and it's been under a state of really high alert for many, many months now.

The attack happened at about 11:15 in the morning Saudi Arabia time, which is about 3:15 in the morning, almost four hours ago. And our understanding, according to a senior administration official that I spoke to, is that there are Saudi interior ministry forces that on the compound site right now, trying to find the gunmen. What we know is the following: that there were reports of gunfire outside the compound, then there was an explosion. It's believed that that explosion was a car bomb. Then there was more gunfire. The gunmen were able to penetrate the compound, they were able to get inside.

All Americans have been accounted for, but my understanding is that they are still searching for some of these gunmen. There have been injuries. We don't know who in fact, most likely, it was the guards who were standing outside, trying to protect the embassy, who were injured in the attack.

But we do know that this -- the al Qaeda is suspected in the attack. That should be no surprise to anyone who's been following the news over the last several years. And in 2003, there were a couple of attacks on housing compounds in Saudi Arabia's capital of Riyadh. This is the first attack in the red seaport of Jeddah, where the U.S. consulate is -- Soledad.

S. O'BRIEN: Koppel is monitoring the story for us. Andrea, of course, we're going to continue to check in with you throughout the morning on this -- Miles.

M. O'BRIEN: Lots more to keep track of this morning. Headlines now with Heidi Collins. Good morning, Heidi.

HEIDI COLLINS, CNN ANCHOR: Hi and good morning to you. And good morning to you, everybody. "Now in the News" today, Iraq's planned elections will dominate talks this morning at the White House as President Bush gets ready to meet with Iraq's interim president, Ghazi al-Yawer. That meeting expected to take place in the next two hours. Both leaders are pushing for the January 30th elections to go forward as scheduled, while some Sunni groups in Iraq have been calling for a delay.

There is word this morning that a lawsuit will be filed today, challenging the Army's stop-loss policy. According to "The New York Times," eight U.S. soldiers are filing suit. The stop-loss policy bars soldiers from leaving Iraq and Afghanistan, even though their terms of enlistment have run out. The new legal challenge would be the first by a group of soldiers.

Firefighters battling a wild blaze right now near Indian Head, Maryland. You're looking at some live pictures now. There is word the fire has spread to at least 12 homes in a new development there. So far no reports of injuries. We'll keep our eye on that one for you.

And the baseball players' union today opens a week of meetings on the steroid controversy. Commissioner Bud Selig has repeatedly called for stronger drug testing policies. The steroid issue has been in the spotlight after reports of steroid use by some of baseball's top stars. Arizona senator John McCain also dropping into the fray now, saying if baseball doesn't deal with the problem, Congress will be forced to take action.

And that's it for the other headlines. Back to you guys.

S. O'BRIEN: All right, Heidi, thanks. The intelligence reform bill designed around the 9/11 Commission recommendations is still grid locked in the House. A handful of Republican opponents are staring down the majority and the White House. Republican congressman Chris Shays of Connecticut is among those who are pushing hard for an intelligence overhaul. He joins us from Capitol Hill this morning. Nice to see you, sir, thanks for being with us. .

REP. CHRIS SHAYS (R), CONNECTICUT: Good to be with you.

S. O'BRIEN: Another powerful Republican has now joined the opposition. Senator John Warner says he's concerned now about the effect the legislation could have on the Pentagon. Do you still support the bill in all this?

SHAYS: Oh, absolutely. What you're seeing is a turf fight. Mr. Warner doesn't want to give up intelligence in the Arms Services Committee that he oversees. He spoke about these reservations before. John McCain crossed him on it and said to him, you know, senator, we only spent about ten minutes every year looking at the intelligence part, when we do our -- when we do the review of intelligence in the Army. We had a wake-up call on September 11, 2001. We have to move from containment and reaction to detect and prevent and the only way you can do that is to have better intelligence.

S. O'BRIEN: President Bush is reportedly stepping up the pressure. If it is, as you say, basically dissolving into a turf fight, why hasn't he been more effective? Why isn't the pressure working?

SHAYS: You know, I honestly don't know. I think -- I'm hoping that he's just trying to work behind the scenes so that he doesn't have to ruffle feathers publicly, but he's sure waiting 'til the 11 hour. I mean, this is amazing to me.

S. O'BRIEN: Do you think he needs to ruffle feathers publicly? If it does, indeed, fail, is the president ultimately the one to holding the bag, he's responsible?

SHAYS: Well, you know, I mean, if we fail, I mean, it will be an outrage. We established the 9/11 Commission, they worked 22 months. They validated what we've known for decades, that we need to reform in intelligence. So it would be a tremendous black mark not just for the administration at Congress, but it would deadly for our country if we don't act.

S. O'BRIEN: Explain something to me. If the bill has the support -- we're told it does, that if it's voted on, it would actually pass. Dennis Hastert could call for a vote, basically overriding his Republican colleagues on this. Why hasn't he done that? Why isn't there pressure on him to do that?

SHAYS: Well, I think he's trying to work it out a bit more harmoniously behind the scenes, but he's not yet speaker. I mean, he's the speaker now, but he gets elected in January. And I think that it's a little for him to confront maybe a majority of Republicans who may not want the bill. But ninety percent of the Senate supports it, probably two-thirds of the House to three quarters ultimately will vote for it if it comes before us, so I do hope that they bring it before us.

S. O'BRIEN: Let's talk a little bit about our security watch this morning, which is what Tommy Thompson said. He's leaving his job and sort of had a curious parting shot.

SHAYS: He did.

S. O'BRIEN: Let's listen to a little bit of what he had to say.

(BEGIN VIDEO CLIP)

TOMMY THOMPSON, HHS SECRETARY: I, for the life of me, cannot understand why the terrorists have not, you know, attacked our food supply, because it is so easy to do, and we're importing a lot of food from the Middle East.

(END VIDEO CLIP)

S. O'BRIEN: Why haven't they attacked us because it's so easy to do? What do you make of a comment like that?

SHAYS: Well, you know, I could say the same thing about why haven't they blown up some of our chemical plants near our urban areas that could threaten literally hundreds of thousands of people or threaten our water supply. But that is an argument, since we're vulnerable in lots of places, to be able to detect and prevent terrorist attacks to -- wherever they go. And that's why we need better intelligence.

S. O'BRIEN: As a member of the select committee on Homeland Security, I'm curious to know what you think of Bernard Kerik now taking over as a nominee, and if he is ultimately approved?

SHAYS: We have 22 agencies that became one. You have 180,000 employees. And you got lots of work in this agency, but you need someone who can kind of gently knock heads. And Bernie can do that. You also need someone who knows what it's like to be a first responder and he certainly does. So, you know, I know he may be a bit controversial, but he's got a heck of a lot of knowledge and he's got, frankly, the toughness I think that is required to get the job done.

S. O'BRIEN: Gently knock heads. That almost sounds little oxymoronic to me.

SHAYS: Almost.

S. O'BRIEN: Chris Shays. Nice to see you, as always, sir. Thanks for your time.

SHAYS: OK. Isn't that what parents do everyday? Gently knock heads?

M. O'BRIEN: All right. Senator John McCain, taking aim once again at U.S. strategy in Iraq. The Arizona Republican says there are not enough troops in Iraq to ensure free and fair elections next month. McCain, a frequent critic of Defense Secretary Donald Rumsfeld.

(BEGIN VIDEO CLIP)

SEN. JOHN MCCAIN, (R) ARIZONA: I have to say that I want to work with Secretary Rumsfeld because he will be the secretary of defense for an undetermined length of time. And I want to work with him and I want to do the best that I can for the country.

UNIDENTIFIED MALE: That's not a vote of confidence.

MCCAIN: No, it's not.

(END VIDEO CLIP)

M. O'BRIEN: McCain says just adding more troops isn't the answer. The Pentagon must stop reacting to the insurgents and take the initiative.

S. O'BRIEN: A look at weather now. Unusually heavy rains are causing serious problems in Southern California. Two people reported killed in road accidents there. A news camera quite literally caught a couple of crashes involving the same car, as you can see there, on a Los Angeles highway. The drivers could not avoid the disabled car because it was dark and conditions were slippery. Some 1,500 homes (UNINTELLIGIBLE) lost power and we're told another storm is on the way.

(WEATHER REPORT)

M. O'BRIEN: Still to come on the program, something you don't see everyday -- that's kind of our goal here. What do you think? We don't see everyday. But this -- wait, to you get this, a brand-new dinosaur. Now that would be news. A brand new dinosaur? No, the remains of one. We've got the pictures.

S. O'BRIEN: Something you don't see everyday. Also, on a much more serious note, more on America's food safety on CNN's "Security Watch." Some lawmakers are pushing a new way to make food safer from terrorists, but others say it's not going to work. We'll explain just ahead.

M. O'BRIEN: And just whom will play the price for last month's infamous basket-brawl? We'll meet a judge who sentenced unruly Philadelphia Eagles' fans. I think that's maybe redundant. But anyway, he did that on the spot, ahead on AMERICAN MORNING.

(COMMERCIAL BREAK)

M. O'BRIEN: At the Neverland ranch in California over the weekend, sheriff's deputies take a DNA sample from Michael Jackson. A source tells us the sample was voluntarily taken from Jackson's mouth on Saturday, the meeting arranged by Jackson's defense team. It came day after investigators conducted a surprise eight hour search at the sprawling compound. Jackson was home when authorities arrived but promptly left with his children. Jackson's trial on child molestation charges set to begin at end of next month.

Now the basket-brawl. Charges stemming from that infamous fracas between fans and players in Detroit expected this week. Police in Auburn Hills, Michigan presenting their evidence to prosecutors today. Several members of the NBA'S Indiana Pacers, along with Detroit Pistons' fans could be charged for their part in the melee.

Judge Seamus McCaffery has seen his share of unruly fans. He presided over a court that was in session at Veterans Stadium during Eagles football games. Judge's joining us now from Philadelphia. Good to have you with us, Mr. McCaffery.

JUDGE SEAMUS MCCAFFERY, PENNSYLVANIA SUPERIOR COURT: Good morning, how are you?

M. O'BRIEN: All right. That must have been pretty fascinating, presiding over cases right there Veterans Stadium with the game virtually going on. Did it work?

MCCAFFERY: It absolutely did. It had a real chilling effect on a lot the assaultive behavior that we found that was ongoing in a lot of our home Eagles games.

M. O'BRIEN: Give us a sense of the kinds of things that had been occurring at Veterans stadium which led the creation of this Veterans Stadium Court.

MCCAFFERY: Well, the concept actually started back in 1997, when it was the -- I think the night the San Francisco 49ers, during the Monday night game with Eagles, there were absolutely incredible fights going on, somewhere near the vicinity of 60 fistfights at night, including one guy, who fired a flare gun... M. O'BRIEN: A flare gun?

MCCAFFERY: The flare actually traversed the field and luckily didn't hit anyone. It hit into an empty stand.

M. O'BRIEN: Well, you know, I sort of make light of it, but that could really hurt somebody, obviously. So this is clearly something you had to step in. After the court was set up, did much of that stop?

MCCAFFERY: Yes. It had -- and like I said, it really did dampen a lot of the aggressive behavior. And the beauty of it was that we were there to show zero tolerance, bring families backs into that forum. Luckily the Eagles organization, Joe Banner and Jeff Lurie, you know, they showed a lot of initiative by putting this together. It's never been done anywhere in any professional sport. And it worked. It really did. And the fans loved it. We cut down on the rowdy behavior and everything to date is doing well.

M. O'BRIEN: All right, let's take a look at the rowdy behavior which we've been seeing so much. Once again, the basket-brawl, if you will, Auburn Hills. And as we look at this tape, I'm curious -- you know, we've seen it unfold so many times and we see how it unfolded. Is it, though, evidence? Is this something that a judge can use one way or another to make a ruling? I know you can identify individuals, obviously, but in a sense, it's all -- it's very out of context because it's got a narrow view, right?

MCCAFERRY: Well, you have to remember something. Video is a wonderful thing, but there's always two sides of every story. Now, you're going to bring those particular pictures into a courtroom, I really suspect that nine times out of ten, you're going to get a defense attorney if he doesn't have a really creative defense, for example, hey, his face kept hitting my fist -- other than that, they're basically going to turn around and...

M. O'BRIEN: Did you used to hear that at Veterans Stadium? His face kept hitting my fist?

MCCAFFERY: That's one of the more creative defenses we've heard. But yes, that does happen. And again, you know, nine times out of ten those individuals are going to either plead out -- the prosecutors probably going to present charges stemming anywhere from aggravated assault to simple assault/harassment. And the defense attorney, if he's smart, usually brings into the judge and says your honor, we're willing to plead this down, say, for a lesser offense and get it over with.

M. O'BRIEN: All right. I'm going to put you on the hot seat a little bit. Based on what you see in that tape, how would you rule in this particular case? Who's guilty?

MCCAFERRY: Well, one thing a judge will tell you that that's up the actual fact-finder or the actual jury to determine. Because, remember something, what you're looking at on the tape isn't in and of itself the entire situation. You know, the commonwealth will present the tape, of course, the commonwealth will do their examination. They'll rest. And now we have a defense attorney who's going to be able to say, well, your honor, what you're not seeing on that tape is as follows and maybe show up with some witnesses.

But, sure, in and of itself, on the tape, it looks pretty compelling the that the individuals -- or at least the prosecutor, I should say, has gotten the evidence to the level, if you will, beyond a reasonable doubt, just on the tape itself. But again, there are defenses we have to look at. And there's a lot that goes on in a trial that people just don't see. Television, it's easy to say, oh my god, that guy punched him, he sucker-punched that guy for no reason, he's guilty. Well, that may not be the case once he gets into a courtroom.

M. O'BRIEN: All right. A quick thought. Should there be tantamount to an Eagles court in every stadium in America?

MCCAFFERY: Well, I wouldn't offer that solution. But one of the things I would offer is, I think that, like, ice hockey, that there is a need, maybe, to put glass partitions. Remember, the fans are right down there on the floor. And when the professionals are up in the stands or fans on the floor, you have some real problems.

And the NBA, their commissioner, he really took a firm stand, a zero tolerance stand, with those great fines. But I think that more needs to be done. I'm not suggesting a court in every venue, but if it gets out of control, maybe that's something they need to do. Zero tolerance is where it's at. And it's a family venue, bring families back. The kids don't need to see that.

M. O'BRIEN: I should say. Judge Seam McCaffery, thanks for your time. Appreciate it.

MCCAFFERY: My pleasure.

M. O'BRIEN: Soledad.

S. O'BRIEN: Still to come this morning, will Santa give drivers an early present at the pump this year? Andy is "Minding Your Business" just ahead on AMERICAN MORNING.

S. O'BRIEN: Good news keeps coming for drivers. Andy Serwer is "Minding Your Business" this morning. Hello. Good morning.

ANDY SERWER, "FORTUNE": Good morning, Soledad. That's right, the price of gasoline has fallen three cents a gallon over the past two weeks. We're looking at $1.93 a gallon nationwide on average. Your lowest gasoline is in Tulsa, Oklahoma, $1.73, so pull it off over there.

A lot of moving parts, though, on the oil front this morning and these are not such good -- that was Jack. Hello, Jack.

CAFFERTY: Excuse me. I'm...

SERWER: There we go. That's OK. CAFFERTY: I'm doing my morning calisthenics. I apologize.

SERWER: Calisthenis. Excellent. A lot of moving parts in the oil front that are not so positive this morning, however. Obviously, the situation at the U.S. consulate in Jeddah is unsettling oil prices. There are also problems in the North Sea, there's still problems in the Gulf of Mexico. There are now problems in Nigeria, where rebels have occupied three oil platforms there. Not surprisingly, the price of oil is going over $43 a barrel.

And more unsettling is that OPEC members are now talking about cutting back production to boost prices. And Soledad, this is ironic, because it was just six weeks ago they were looking to boost production because the price of oil was $55. Yes, it's just amazing how quickly the worm has turned there.

S. O'BRIEN: All right, Andy, thanks.

SERWER: You're welcome.

M. O'BRIEN: All right, Jack Cafferty has finished his yoga and is ready for e-mails.

CAFFERTY: The camera is -- well, they moved it now.

SERWER: Ahh, the camera.

CAFFERTY: When Andy does -- can you widen the shot to show this camera?

M. O'BRIEN: It's right there.

CAFFERTY: Gary, can you move it back to where it was? Which means, now take Andy's picture. Now, if I so much as move an elbow, you see...

SERWER: Why would you want to do that?

(LAUGHTER)

CAFFERTY: You see.

SERWER: Don't do that. I'm missing my face time. Come on.

M. O'BRIEN: There you go. Thank you, Jack. That was like a geometry lesson. Thank you, that was good. The angles.

SERWER: This is how television is made.

CAFFERTY: I left local news to come here to a big network show.

Here is the scorecard. Number of days since the 9/11 Commission issued recommendations to make the country safer. 138 now. Number of recommendations adopted by the Congress...

SERWER: Zero. CAFFERTY: There is an intelligence reform bill, but it's stuck in the House. The public supports it, most of the families of 9/11 victims support it, the Senate supports it, President Bush says he supports it, Nancy Pelosi, the Democratic leader of the House, says a lot of Democrats will vote for it. This thing would pass in a heartbeat. And yet it looks like Congress will go home for the rest of the year without doing anything at all. A small group of Republican congressmen close the Pentagon are blocking its passage. If it passes, the Pentagon would lose more than $30 billion in intelligence funding.

Here's the question. What has to be done to get Congress to pass the intelligence reform bill? All President Bush would have to do is pick up the phone, call Dennis Hastert, who's the speaker of the House, and say, I want this thing brought to a vote. And it would be over. That's all it would take.

SERWER: Well...

CAFFERTY: Ain't going to be happen.

SERWER: ... it is their holiday season, so.

M. O'BRIEN: Well, you've got to hang on to your turf in Washington. Because that is...

CAFFERTY: Yes, and to hell with the country. Hold on to the turf, and to hell with the country and the taxpayers. You know -- it's just obscene the way these people behave themselves down there. And the thing that's even worse than the way they behave is the fact that the electorate voted most of the incumbents back in two months ago. What is wrong with you people? I mean, you know, all the incumbents get re-elected and they do stuff like this on a regular basis.

S. O'BRIEN: Maybe the next time around, though, they won't...

CAFFERTY: Nah. It's been going on this way for 200 years.

M. O'BRIEN: It's a lack of intelligence in more ways than one.

S. O'BRIEN: Still to come this morning, a Monday morning helping of "90 Second Pop."

(MUSIC)

S. O'BRIEN: It's the best and the rest. What was big in '04? VH-1 tells us. Plus, "National Treasure" strikes it rich. But does that mean Nicolas Cage is box office gold? Find out as AMERICAN MORNING rolls on.

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Aired December 6, 2004 - 7:00   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
SOLEDAD O'BRIEN, CNN ANCHOR: Breaking news. A U.S. consulate is under attack in Saudi Arabia. There are reports that hostages have been taken. Fears for the food supply.
(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: We know that at least three of the major pathogens or germs that could be used as bioterror agents can be put in food.

(END VIDEO CLIP)

"Security Watch" this morning, how vulnerable are we to the things we eat?

Police literally going inside Michael Jackson's mouth for evidence in his molestation case.

And heavy rains in Southern California creating chaos on the roads. The definition of an accident waiting to happen on this AMERICAN MORNING.

ANNOUNCER: From the CNN Broadcast Center in New York, this is AMERICAN MORNING with Soledad O'Brien and Bill Hemmer.

S. O'BRIEN: Good morning, welcome, everybody. Bill Hemmer's off today, Miles O'Brien is back with us this week. Nice to have you again.

MILES O'BRIEN, CNN ANCHOR: Good to be back. Good morning to you. We're seeing challenges to U.S. security on several fronts this morning. We'll get an update on the developing situation in Saudi Arabia, city of Jeddah. Terrorists attacking U.S. consulates there. Lots of details to sort out there. We'll try to tell you what's going on as well as how many casualties and hostages could be there.

S. O'BRIEN: A lot is not known at this hour. Also this morning on our "Security Watch," we are focusing on threats to America's food supply. Those that are real and those that are just perceived. We'll talk to the safety director for one advocacy group about which foods can be most easily contaminated and what can be done to stop terrorist attacks.

M. O'BRIEN: Jack Cafferty is here this morning.

JACK CAFFERTY, CNN ANCHOR: Indeed he is. Thanks, Miles. This could be the last chance this year to get some sort of intelligence reform legislation through the Congress. The Senate's in favor, there are enough votes in the House to pass it, the president says he's in favor. But in Washington D.C., that doesn't necessarily mean anything and there's a pretty good chance nothing will happen. We'll take a look at it.

S. O'BRIEN: All right, Jack, thanks. The U.S. consulate in Jeddah, Saudi Arabia, has been attacked. The U.S. consulate in Jeddah, Saudi Arabia, has been attacked. Witnesses heard gunfire today and a plume of smoke could be seen rising from the building. State Department correspondent Andrea Koppel in Washington with more this morning. Andrea, good morning.

ANDREA KOPPEL, CNN STATE DEPARTMENT CORRESPONDENT: Good morning, Soledad. We should let our viewers know that no Americans were killed, we believe no Americans have been injured at this consulate. The video you're looking at there is the red seaport of Jeddah. The U.S. consulate is a large compound and it's been under a state of really high alert for many, many months now.

The attack happened at about 11:15 in the morning Saudi Arabia time, which is about 3:15 in the morning, almost four hours ago. And our understanding, according to a senior administration official that I spoke to, is that there are Saudi interior ministry forces that on the compound site right now, trying to find the gunmen. What we know is the following: that there were reports of gunfire outside the compound, then there was an explosion. It's believed that that explosion was a car bomb. Then there was more gunfire. The gunmen were able to penetrate the compound, they were able to get inside.

All Americans have been accounted for, but my understanding is that they are still searching for some of these gunmen. There have been injuries. We don't know who in fact, most likely, it was the guards who were standing outside, trying to protect the embassy, who were injured in the attack.

But we do know that this -- the al Qaeda is suspected in the attack. That should be no surprise to anyone who's been following the news over the last several years. And in 2003, there were a couple of attacks on housing compounds in Saudi Arabia's capital of Riyadh. This is the first attack in the red seaport of Jeddah, where the U.S. consulate is -- Soledad.

S. O'BRIEN: Koppel is monitoring the story for us. Andrea, of course, we're going to continue to check in with you throughout the morning on this -- Miles.

M. O'BRIEN: Lots more to keep track of this morning. Headlines now with Heidi Collins. Good morning, Heidi.

HEIDI COLLINS, CNN ANCHOR: Hi and good morning to you. And good morning to you, everybody. "Now in the News" today, Iraq's planned elections will dominate talks this morning at the White House as President Bush gets ready to meet with Iraq's interim president, Ghazi al-Yawer. That meeting expected to take place in the next two hours. Both leaders are pushing for the January 30th elections to go forward as scheduled, while some Sunni groups in Iraq have been calling for a delay.

There is word this morning that a lawsuit will be filed today, challenging the Army's stop-loss policy. According to "The New York Times," eight U.S. soldiers are filing suit. The stop-loss policy bars soldiers from leaving Iraq and Afghanistan, even though their terms of enlistment have run out. The new legal challenge would be the first by a group of soldiers.

Firefighters battling a wild blaze right now near Indian Head, Maryland. You're looking at some live pictures now. There is word the fire has spread to at least 12 homes in a new development there. So far no reports of injuries. We'll keep our eye on that one for you.

And the baseball players' union today opens a week of meetings on the steroid controversy. Commissioner Bud Selig has repeatedly called for stronger drug testing policies. The steroid issue has been in the spotlight after reports of steroid use by some of baseball's top stars. Arizona senator John McCain also dropping into the fray now, saying if baseball doesn't deal with the problem, Congress will be forced to take action.

And that's it for the other headlines. Back to you guys.

S. O'BRIEN: All right, Heidi, thanks. The intelligence reform bill designed around the 9/11 Commission recommendations is still grid locked in the House. A handful of Republican opponents are staring down the majority and the White House. Republican congressman Chris Shays of Connecticut is among those who are pushing hard for an intelligence overhaul. He joins us from Capitol Hill this morning. Nice to see you, sir, thanks for being with us. .

REP. CHRIS SHAYS (R), CONNECTICUT: Good to be with you.

S. O'BRIEN: Another powerful Republican has now joined the opposition. Senator John Warner says he's concerned now about the effect the legislation could have on the Pentagon. Do you still support the bill in all this?

SHAYS: Oh, absolutely. What you're seeing is a turf fight. Mr. Warner doesn't want to give up intelligence in the Arms Services Committee that he oversees. He spoke about these reservations before. John McCain crossed him on it and said to him, you know, senator, we only spent about ten minutes every year looking at the intelligence part, when we do our -- when we do the review of intelligence in the Army. We had a wake-up call on September 11, 2001. We have to move from containment and reaction to detect and prevent and the only way you can do that is to have better intelligence.

S. O'BRIEN: President Bush is reportedly stepping up the pressure. If it is, as you say, basically dissolving into a turf fight, why hasn't he been more effective? Why isn't the pressure working?

SHAYS: You know, I honestly don't know. I think -- I'm hoping that he's just trying to work behind the scenes so that he doesn't have to ruffle feathers publicly, but he's sure waiting 'til the 11 hour. I mean, this is amazing to me.

S. O'BRIEN: Do you think he needs to ruffle feathers publicly? If it does, indeed, fail, is the president ultimately the one to holding the bag, he's responsible?

SHAYS: Well, you know, I mean, if we fail, I mean, it will be an outrage. We established the 9/11 Commission, they worked 22 months. They validated what we've known for decades, that we need to reform in intelligence. So it would be a tremendous black mark not just for the administration at Congress, but it would deadly for our country if we don't act.

S. O'BRIEN: Explain something to me. If the bill has the support -- we're told it does, that if it's voted on, it would actually pass. Dennis Hastert could call for a vote, basically overriding his Republican colleagues on this. Why hasn't he done that? Why isn't there pressure on him to do that?

SHAYS: Well, I think he's trying to work it out a bit more harmoniously behind the scenes, but he's not yet speaker. I mean, he's the speaker now, but he gets elected in January. And I think that it's a little for him to confront maybe a majority of Republicans who may not want the bill. But ninety percent of the Senate supports it, probably two-thirds of the House to three quarters ultimately will vote for it if it comes before us, so I do hope that they bring it before us.

S. O'BRIEN: Let's talk a little bit about our security watch this morning, which is what Tommy Thompson said. He's leaving his job and sort of had a curious parting shot.

SHAYS: He did.

S. O'BRIEN: Let's listen to a little bit of what he had to say.

(BEGIN VIDEO CLIP)

TOMMY THOMPSON, HHS SECRETARY: I, for the life of me, cannot understand why the terrorists have not, you know, attacked our food supply, because it is so easy to do, and we're importing a lot of food from the Middle East.

(END VIDEO CLIP)

S. O'BRIEN: Why haven't they attacked us because it's so easy to do? What do you make of a comment like that?

SHAYS: Well, you know, I could say the same thing about why haven't they blown up some of our chemical plants near our urban areas that could threaten literally hundreds of thousands of people or threaten our water supply. But that is an argument, since we're vulnerable in lots of places, to be able to detect and prevent terrorist attacks to -- wherever they go. And that's why we need better intelligence.

S. O'BRIEN: As a member of the select committee on Homeland Security, I'm curious to know what you think of Bernard Kerik now taking over as a nominee, and if he is ultimately approved?

SHAYS: We have 22 agencies that became one. You have 180,000 employees. And you got lots of work in this agency, but you need someone who can kind of gently knock heads. And Bernie can do that. You also need someone who knows what it's like to be a first responder and he certainly does. So, you know, I know he may be a bit controversial, but he's got a heck of a lot of knowledge and he's got, frankly, the toughness I think that is required to get the job done.

S. O'BRIEN: Gently knock heads. That almost sounds little oxymoronic to me.

SHAYS: Almost.

S. O'BRIEN: Chris Shays. Nice to see you, as always, sir. Thanks for your time.

SHAYS: OK. Isn't that what parents do everyday? Gently knock heads?

M. O'BRIEN: All right. Senator John McCain, taking aim once again at U.S. strategy in Iraq. The Arizona Republican says there are not enough troops in Iraq to ensure free and fair elections next month. McCain, a frequent critic of Defense Secretary Donald Rumsfeld.

(BEGIN VIDEO CLIP)

SEN. JOHN MCCAIN, (R) ARIZONA: I have to say that I want to work with Secretary Rumsfeld because he will be the secretary of defense for an undetermined length of time. And I want to work with him and I want to do the best that I can for the country.

UNIDENTIFIED MALE: That's not a vote of confidence.

MCCAIN: No, it's not.

(END VIDEO CLIP)

M. O'BRIEN: McCain says just adding more troops isn't the answer. The Pentagon must stop reacting to the insurgents and take the initiative.

S. O'BRIEN: A look at weather now. Unusually heavy rains are causing serious problems in Southern California. Two people reported killed in road accidents there. A news camera quite literally caught a couple of crashes involving the same car, as you can see there, on a Los Angeles highway. The drivers could not avoid the disabled car because it was dark and conditions were slippery. Some 1,500 homes (UNINTELLIGIBLE) lost power and we're told another storm is on the way.

(WEATHER REPORT)

M. O'BRIEN: Still to come on the program, something you don't see everyday -- that's kind of our goal here. What do you think? We don't see everyday. But this -- wait, to you get this, a brand-new dinosaur. Now that would be news. A brand new dinosaur? No, the remains of one. We've got the pictures.

S. O'BRIEN: Something you don't see everyday. Also, on a much more serious note, more on America's food safety on CNN's "Security Watch." Some lawmakers are pushing a new way to make food safer from terrorists, but others say it's not going to work. We'll explain just ahead.

M. O'BRIEN: And just whom will play the price for last month's infamous basket-brawl? We'll meet a judge who sentenced unruly Philadelphia Eagles' fans. I think that's maybe redundant. But anyway, he did that on the spot, ahead on AMERICAN MORNING.

(COMMERCIAL BREAK)

M. O'BRIEN: At the Neverland ranch in California over the weekend, sheriff's deputies take a DNA sample from Michael Jackson. A source tells us the sample was voluntarily taken from Jackson's mouth on Saturday, the meeting arranged by Jackson's defense team. It came day after investigators conducted a surprise eight hour search at the sprawling compound. Jackson was home when authorities arrived but promptly left with his children. Jackson's trial on child molestation charges set to begin at end of next month.

Now the basket-brawl. Charges stemming from that infamous fracas between fans and players in Detroit expected this week. Police in Auburn Hills, Michigan presenting their evidence to prosecutors today. Several members of the NBA'S Indiana Pacers, along with Detroit Pistons' fans could be charged for their part in the melee.

Judge Seamus McCaffery has seen his share of unruly fans. He presided over a court that was in session at Veterans Stadium during Eagles football games. Judge's joining us now from Philadelphia. Good to have you with us, Mr. McCaffery.

JUDGE SEAMUS MCCAFFERY, PENNSYLVANIA SUPERIOR COURT: Good morning, how are you?

M. O'BRIEN: All right. That must have been pretty fascinating, presiding over cases right there Veterans Stadium with the game virtually going on. Did it work?

MCCAFFERY: It absolutely did. It had a real chilling effect on a lot the assaultive behavior that we found that was ongoing in a lot of our home Eagles games.

M. O'BRIEN: Give us a sense of the kinds of things that had been occurring at Veterans stadium which led the creation of this Veterans Stadium Court.

MCCAFFERY: Well, the concept actually started back in 1997, when it was the -- I think the night the San Francisco 49ers, during the Monday night game with Eagles, there were absolutely incredible fights going on, somewhere near the vicinity of 60 fistfights at night, including one guy, who fired a flare gun... M. O'BRIEN: A flare gun?

MCCAFFERY: The flare actually traversed the field and luckily didn't hit anyone. It hit into an empty stand.

M. O'BRIEN: Well, you know, I sort of make light of it, but that could really hurt somebody, obviously. So this is clearly something you had to step in. After the court was set up, did much of that stop?

MCCAFFERY: Yes. It had -- and like I said, it really did dampen a lot of the aggressive behavior. And the beauty of it was that we were there to show zero tolerance, bring families backs into that forum. Luckily the Eagles organization, Joe Banner and Jeff Lurie, you know, they showed a lot of initiative by putting this together. It's never been done anywhere in any professional sport. And it worked. It really did. And the fans loved it. We cut down on the rowdy behavior and everything to date is doing well.

M. O'BRIEN: All right, let's take a look at the rowdy behavior which we've been seeing so much. Once again, the basket-brawl, if you will, Auburn Hills. And as we look at this tape, I'm curious -- you know, we've seen it unfold so many times and we see how it unfolded. Is it, though, evidence? Is this something that a judge can use one way or another to make a ruling? I know you can identify individuals, obviously, but in a sense, it's all -- it's very out of context because it's got a narrow view, right?

MCCAFERRY: Well, you have to remember something. Video is a wonderful thing, but there's always two sides of every story. Now, you're going to bring those particular pictures into a courtroom, I really suspect that nine times out of ten, you're going to get a defense attorney if he doesn't have a really creative defense, for example, hey, his face kept hitting my fist -- other than that, they're basically going to turn around and...

M. O'BRIEN: Did you used to hear that at Veterans Stadium? His face kept hitting my fist?

MCCAFFERY: That's one of the more creative defenses we've heard. But yes, that does happen. And again, you know, nine times out of ten those individuals are going to either plead out -- the prosecutors probably going to present charges stemming anywhere from aggravated assault to simple assault/harassment. And the defense attorney, if he's smart, usually brings into the judge and says your honor, we're willing to plead this down, say, for a lesser offense and get it over with.

M. O'BRIEN: All right. I'm going to put you on the hot seat a little bit. Based on what you see in that tape, how would you rule in this particular case? Who's guilty?

MCCAFERRY: Well, one thing a judge will tell you that that's up the actual fact-finder or the actual jury to determine. Because, remember something, what you're looking at on the tape isn't in and of itself the entire situation. You know, the commonwealth will present the tape, of course, the commonwealth will do their examination. They'll rest. And now we have a defense attorney who's going to be able to say, well, your honor, what you're not seeing on that tape is as follows and maybe show up with some witnesses.

But, sure, in and of itself, on the tape, it looks pretty compelling the that the individuals -- or at least the prosecutor, I should say, has gotten the evidence to the level, if you will, beyond a reasonable doubt, just on the tape itself. But again, there are defenses we have to look at. And there's a lot that goes on in a trial that people just don't see. Television, it's easy to say, oh my god, that guy punched him, he sucker-punched that guy for no reason, he's guilty. Well, that may not be the case once he gets into a courtroom.

M. O'BRIEN: All right. A quick thought. Should there be tantamount to an Eagles court in every stadium in America?

MCCAFFERY: Well, I wouldn't offer that solution. But one of the things I would offer is, I think that, like, ice hockey, that there is a need, maybe, to put glass partitions. Remember, the fans are right down there on the floor. And when the professionals are up in the stands or fans on the floor, you have some real problems.

And the NBA, their commissioner, he really took a firm stand, a zero tolerance stand, with those great fines. But I think that more needs to be done. I'm not suggesting a court in every venue, but if it gets out of control, maybe that's something they need to do. Zero tolerance is where it's at. And it's a family venue, bring families back. The kids don't need to see that.

M. O'BRIEN: I should say. Judge Seam McCaffery, thanks for your time. Appreciate it.

MCCAFFERY: My pleasure.

M. O'BRIEN: Soledad.

S. O'BRIEN: Still to come this morning, will Santa give drivers an early present at the pump this year? Andy is "Minding Your Business" just ahead on AMERICAN MORNING.

S. O'BRIEN: Good news keeps coming for drivers. Andy Serwer is "Minding Your Business" this morning. Hello. Good morning.

ANDY SERWER, "FORTUNE": Good morning, Soledad. That's right, the price of gasoline has fallen three cents a gallon over the past two weeks. We're looking at $1.93 a gallon nationwide on average. Your lowest gasoline is in Tulsa, Oklahoma, $1.73, so pull it off over there.

A lot of moving parts, though, on the oil front this morning and these are not such good -- that was Jack. Hello, Jack.

CAFFERTY: Excuse me. I'm...

SERWER: There we go. That's OK. CAFFERTY: I'm doing my morning calisthenics. I apologize.

SERWER: Calisthenis. Excellent. A lot of moving parts in the oil front that are not so positive this morning, however. Obviously, the situation at the U.S. consulate in Jeddah is unsettling oil prices. There are also problems in the North Sea, there's still problems in the Gulf of Mexico. There are now problems in Nigeria, where rebels have occupied three oil platforms there. Not surprisingly, the price of oil is going over $43 a barrel.

And more unsettling is that OPEC members are now talking about cutting back production to boost prices. And Soledad, this is ironic, because it was just six weeks ago they were looking to boost production because the price of oil was $55. Yes, it's just amazing how quickly the worm has turned there.

S. O'BRIEN: All right, Andy, thanks.

SERWER: You're welcome.

M. O'BRIEN: All right, Jack Cafferty has finished his yoga and is ready for e-mails.

CAFFERTY: The camera is -- well, they moved it now.

SERWER: Ahh, the camera.

CAFFERTY: When Andy does -- can you widen the shot to show this camera?

M. O'BRIEN: It's right there.

CAFFERTY: Gary, can you move it back to where it was? Which means, now take Andy's picture. Now, if I so much as move an elbow, you see...

SERWER: Why would you want to do that?

(LAUGHTER)

CAFFERTY: You see.

SERWER: Don't do that. I'm missing my face time. Come on.

M. O'BRIEN: There you go. Thank you, Jack. That was like a geometry lesson. Thank you, that was good. The angles.

SERWER: This is how television is made.

CAFFERTY: I left local news to come here to a big network show.

Here is the scorecard. Number of days since the 9/11 Commission issued recommendations to make the country safer. 138 now. Number of recommendations adopted by the Congress...

SERWER: Zero. CAFFERTY: There is an intelligence reform bill, but it's stuck in the House. The public supports it, most of the families of 9/11 victims support it, the Senate supports it, President Bush says he supports it, Nancy Pelosi, the Democratic leader of the House, says a lot of Democrats will vote for it. This thing would pass in a heartbeat. And yet it looks like Congress will go home for the rest of the year without doing anything at all. A small group of Republican congressmen close the Pentagon are blocking its passage. If it passes, the Pentagon would lose more than $30 billion in intelligence funding.

Here's the question. What has to be done to get Congress to pass the intelligence reform bill? All President Bush would have to do is pick up the phone, call Dennis Hastert, who's the speaker of the House, and say, I want this thing brought to a vote. And it would be over. That's all it would take.

SERWER: Well...

CAFFERTY: Ain't going to be happen.

SERWER: ... it is their holiday season, so.

M. O'BRIEN: Well, you've got to hang on to your turf in Washington. Because that is...

CAFFERTY: Yes, and to hell with the country. Hold on to the turf, and to hell with the country and the taxpayers. You know -- it's just obscene the way these people behave themselves down there. And the thing that's even worse than the way they behave is the fact that the electorate voted most of the incumbents back in two months ago. What is wrong with you people? I mean, you know, all the incumbents get re-elected and they do stuff like this on a regular basis.

S. O'BRIEN: Maybe the next time around, though, they won't...

CAFFERTY: Nah. It's been going on this way for 200 years.

M. O'BRIEN: It's a lack of intelligence in more ways than one.

S. O'BRIEN: Still to come this morning, a Monday morning helping of "90 Second Pop."

(MUSIC)

S. O'BRIEN: It's the best and the rest. What was big in '04? VH-1 tells us. Plus, "National Treasure" strikes it rich. But does that mean Nicolas Cage is box office gold? Find out as AMERICAN MORNING rolls on.

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