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American Morning
Interview With Congressman Peter Hoekstra; Flu Fears; Peterson Penalty Phase
Aired December 07, 2004 - 9:00 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: Signs of a breakthrough for the 9/11 reforms as one congressional holdout agrees to the overhaul while this morning explains why he's still not convinced.
Security watch and the dangers to the food supply. Will it take another government shakeup to protect groceries from terrorists?
And surviving the fire.
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: And the office suite was filling up with smoke. It was very scary.
(END VIDEO CLIP)
S. O'BRIEN: Frightening hours trapped inside a burning skyscraper. We're going to hear one survivor's story 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 back, everybody. Bill's got the day off. Miles is with us again.
Nice to have you.
MILES O'BRIEN, CNN ANCHOR: Thank you. Good to be here. Good morning to you.
More on the intelligence reforms in just a moment. But we're also looking at another global threat this morning from the bird flu. How close is that disease to becoming one that spreads from human to human? And could it ever be a tool for terror?
Some serious warnings coming from the former director of the National Institutes of Health. We will hear that.
S. O'BRIEN: Also this morning, after it was revealed that baseball sluggers Jason Giambi and Barry Bonds used steroids, now the Players Association is considering stricter testing for these illegal drugs. Serious reform or just a smokescreen? We're going to see what exactly is in the works.
M. O'BRIEN: Jack Cafferty is here with the question for you. JACK CAFFERTY, CNN ANCHOR: What should be done to reform America's immigration policies? AM@CNN.com.
The 9/11 reform bill, intelligence reform, may pass today. But there are -- it still allows, for example, illegal immigrants to get driver's licenses. Eleven states hand them out to these people. How should we change our immigration policies will be the question.
S. O'BRIEN: All right. That's ahead. First, let's get the headlines with Heidi Collins.
Good morning again.
HEIDI COLLINS, CNN ANCHOR: Good morning, guys. And good morning to you, everybody.
"Now in the News" this morning, President Bush is aboard Air Force One, winging his way toward California. The president left Washington about two hours ago for Camp Pendleton.
The Marine base has had one of the highest casualty rates in Iraq of any U.S. military installation. The president will address the troops, thanking them and all American military personnel for their service in Iraq.
The flood-ravaged Philippines getting some help from the United States military. Up to 600 U.S. Marines being deployed to the Philippines in the next few days. They'll assist with humanitarian efforts after severe weather left behind a trail of destruction.
Ten thousands -- tens of thousands, that is, of people have been displaced by the storms. More than 500 people are believed dead or missing.
Coming up a little bit later this morning, word on plans to boost the flu vaccine supply. The Food and Drug Administration has certified the safety of about five million doses of vaccine from Canada and Germany. Health and Human Services secretary Tommy Thompson holding a news conference set for 10:30 a.m. Eastern Time. CNN will have live coverage of it for you.
And happy Hanukkah to you. The festival of lights officially begins at sundown tonight. The eight-day Jewish holiday celebrated by the lighting of menorahs and the giving of gifts to children. The lighting of the national Hanukkah menorah taking place at 5:00 p.m. Eastern tonight, and that will happen in Washington, D.C.
Back over to you.
M. O'BRIEN: All right. Thank you, Heidi.
S. O'BRIEN: Washington lawyers could finally get to vote on the intelligence reform bill today. The measure shaped by the suggestions of the 9/11 Commission has been held up for several weeks now. But last night that stalemate was broken.
Ed Henry live for us on Capitol Hill this morning.
Good morning, Ed.
ED HENRY, CNN CONGRESSIONAL CORRESPONDENT: Good morning again, Soledad.
You're right, the 9/11 Commission, in fact, released this very bipartisan report back in July. And after weeks of fits and starts, Congress finally has an agreement.
(BEGIN VIDEOTAPE)
HENRY (voice-over): More than three years after the 9/11 terror attacks, Congress has forged a deal to reshape the nation's intelligence community. The most radical shakeup in over 40 years. The deal got a major shot in the arm when a key Republican holdout, Duncan Hunter, signed on to new language.
REP. DUNCAN HUNTER (R), ARMED SERVICES CHAIRMAN: We have received a satisfactory provision that protects them, and so I will vote for the bill.
HENRY: Hunter had been concerned that a director of national intelligence would interfere with the military's chain of command. But a tweaking of four words in the bill appeased Hunter.
The director of national intelligence will now serve as quarterback of the nation's 15 spy agencies. The 9/11 Commission said that was a key change to help prevent another terror attack.
The deal capped a frenetic day of lobbying that included a flurry of calls to the Hill from Vice President Cheney and urgent calls from some 9/11 families who held a vigil outside the White House. President Bush heard the call, and with some of his own political capital on the line, he prodded Congress to act.
GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: I certainly hope the bill gets to my desk soon. I believe we've addressed the concerns of by far the majority of members of both the House and the Senate.
(END VIDEOTAPE)
HENRY: Now, the Is still need to be dotted, the Ts still need to be crossed. But barring a last-minute snag, the House is expected to pass this legislation today. The Senate will follow on Wednesday or Thursday -- Soledad.
S. O'BRIEN: Ed Henry for us on the Hill. Thanks, Ed. Appreciate it.
The compromise that will allow this bill to go to the vote was not easy to work out. One of the chief architects of the solution was Representatives Peter Hoekstra. He's in Washington this morning.
Nice to see you, sir. Thanks for being with us.
REP. PETER HOEKSTRA (R), INTELLIGENCE COMMITTEE: Thank you. Good morning.
S. O'BRIEN: As you well know, the role of the national intelligence director was key to all of this back and forth. Respect and not abrogate, that's the four words people are pointing to, meaning abrogate the responsibilities of the heads of the departments. What exactly would those four words -- what exactly changes?
HOEKSTRA: Well, for -- for Duncan Hunter and for others, this clearly now solidifies the position or solidifies the chain of command. We were all very concerned that, you know, as we reform the intelligence community that one of the key users of the intelligence that we gather, our military fighters, our war fighters, that they not be damaged in any way by the changes.
And these four words I think bring us all together. That says the national intelligence director is going to have the authority that they need to do their job. And at the same time, our war fighters are going to continue to have rapid access to the information that they need to keep themselves safe.
S. O'BRIEN: Duncan Hunter appeased by those four words. Earlier we spoke with Congressman Sensenbrenner, and he said to me that -- that they divided and conquered, meaning you, I believe, and that he was conquered. Why work to appease Congressman Hunter, but not Congressman Sensenbrenner?
HOEKSTRA: Well, we've been working very hard with both Duncan Hunter and with Congressman Sensenbrenner. Both of them brought valid points to the negotiations.
We sat down two or three times yesterday with Mr. Sensenbrenner. His are very difficult, controversial issues.
I agree with him on many of the things that he wants to do. Many of those provisions were not even considered in the Senate intelligence reform bill. So we're finding a way to make sure that the issues that Congressman Sensenbrenner has brought forward, that if they're not dealt with in this bill, that he can be assured and his colleagues who also feel strongly about these positions, that they can be dealt with early in the next Congress.
Congressman Sensenbrenner is right, this is not a total package. This is a good intelligence reform bill. There's good law enforcement provisions. But there are other things that need to be done to keep America safe.
S. O'BRIEN: So then why go ahead with a bill that's not complete? Why not take your time and go eventually with a bill that is complete?
HOEKSTRA: Well, because, as I said, this was intended to be an intelligence reform bill. That's how the Senate dealt with the bill. They did not deal with immigration reform. They did not deal with law enforcement provisions. They did not deal with transportation security, and they did not deal with foreign policy.
The Senate negotiated in very good faith and gave us many of the law enforcement provisions that were in the House bill. They gave us the foreign policy issues. They gave us the transportation. But they felt uncomfortable, including the immigration provisions.
You know, if we waited in every -- on every bill in Washington to have the complete package done, we'd never get anything done. This is -- this is a good solid step in the right direction, addressing many of the issues that will make America safer.
But I -- you know, I think we're all agreed, it is not the complete and total package. But even if we had included immigration reform, there would be other things that would move to the forefront that would need to be considered.
This is a continuing issue that Congress will deal with over the next -- over the next few years. Fighting terrorism, winning the war on terrorism is a very complex problem and is going to require very complicated, and thoughtful responses.
S. O'BRIEN: Will there be a vote today? Will it pass?
HOEKSTRA: Well, we've got -- as Ed said, we've got to cross a few Ts, dot a few Is. We're hoping that we can get that done this morning so that we can move to this bill to the floor today. But the important thing is getting it done, getting it done -- getting it done right.
S. O'BRIEN: Congressman Peter Hoekstra, who is going to spend his morning crossing his Ts and dotting his Is on that.
Thanks, sir. Appreciate it.
HOEKSTRA: Hey, great. Thank you.
S. O'BRIEN: Miles.
M. O'BRIEN: The World Health Organization sounding an alarm this morning. It says bird flu will likely cause the next influenza pandemic. And officials warn that little is being done to prevent its potential devastation.
CNN "Security Watch" now. Is the U.S. at risk from bird flu, and could it be used as a weapon of terror? Earlier, I spoke with Bernadine Healy, a former director of the National Institutes of Health. She's now a contributing editor to "U.S. News and World Report."
(BEGIN VIDEOTAPE)
DR. BERNADINE HEALY, FMR. NIH DIRECTOR: Ever since this first appeared about a year ago, this avian flu in poultry, and then later in ducks, this has been a concern. And the World Health Organization, the CDC, and the Department of Health and Human Services have been worried about it and working on it.
M. O'BRIEN: Now, what about the transfer of this particular influenza strain from birds to humans? How common is that? HEALY: Well, that has not occurred. And that, you put your finger on what the critical element in going from a poultry virus, something that's wiping out poultry in Asia, to something that could wipe out humans. And that is the ability of that virus to go from human to human readily.
Right now we know that humans can contact this from birds. But as Secretary Thompson said, it's roughly about 40 people in Vietnam and Thailand. But the moment that you can start having people through sneezing or coughing or contaminated hands transmit that from one person to another, then you have the makings of a potential pandemic. And then things go into pandemic alert.
M. O'BRIEN: Could this be an instrument of terror in any way, do you think?
HEALY: Well, the influenza virus is notorious for mutating on its own. It can mutate in a laboratory. So, yes, Miles, in the hands of a very clever and well-supported terrorist, they could design a version of this particular pandemic flu. However, it does take sophisticated technology, and it also means they had better have enough flu vaccine for their own population, or they could wipe out themselves, as well as those people there trying to terrorize so brutally.
(END VIDEOTAPE)
M. O'BRIEN: That was Bernadine Healy just a little while ago. Tonight on "NEWSNIGHT," lessons learned from the 1918 influenza pandemic. That's "NEWSNIGHT WITH AARON BROWN," 10:00 Eastern.
S. O'BRIEN: A quick look at the weather now. Rob Marciano at the CNN Center.
What are you looking at now, Rob?
ROB MARCIANO, CNN METEOROLOGIST: A big mess, Soledad.
(WEATHER REPORT)
M. O'BRIEN: All right. Pack up that board, huh?
S. O'BRIEN: Yes. That snow sounds nice. All right, Rob. Thanks.
MARCIANO: See you.
M. O'BRIEN: Still to come on the program, baseball players take on the controversy that's enveloped their sport. Steroids, of course. But will it be enough to fight off a threat from a powerful senator?
S. O'BRIEN: Also this morning, a skyscraper in Chicago turning into a towering inferno. What was going through one woman's mind as she was trapped on the 39th floor? Her amazing story of survival just ahead.
M. O'BRIEN: And did a defense witness insult the very people who control the life of Scott Peterson, the jurors? Legal analyst Dean Johnson on tap.
Stay with us for more AMERICAN MORNING.
(COMMERCIAL BREAK)
S. O'BRIEN: A real mess in downtown Chicago this morning after a five-alarm fire in a skyscraper injured 37 people last night. The art deco-style high-rise, the corporate headquarters of LaSalle Bank, burned for 5.5 hours. Earlier this morning I spoke -- we spoke, rather, to Sarah Nadelhoffer. She was rescued by firefighters.
(BEGIN VIDEO CLIP)
SARAH NADELHOFFER, EARLIER ON AMERICAN MORNING: Of course every thought was going through my head, and I just kept thinking it couldn't -- it couldn't end this way. I kept thinking of my family. And I had faith and hope that -- and hope that the Chicago Fire Department would come and get us and get us out.
And I knew I had to stay calm and breathe out the window. And, you know, there really wasn't a lot I could do other than do the best I could to breathe and keep calling 911, and have confidence that the fire department would come and get us as like they had said they would.
(END VIDEO CLIP)
S. O'BRIEN: In fact, the firefighters did come and get them, and get them out. Of those injured, 22 were firefighters. Right now investigators stay they are starting their probe into what exactly sparked that fire.
M. O'BRIEN: A cad and a killer. The jury's verdict tells you how they see Scott Peterson. But during the murder trial's penalty phase, defense witnesses are submitting a kinder, gentler Peterson for the jury's approval, and even suggesting yesterday to jurors that they reached the wrong verdict.
Is that a good defense strategy, we might ask? Former San Mateo County prosecutor Dean Johnson is in Redwood City this morning. He's been in the courtroom, was there yesterday.
Dean, when a witness gets on the stand and says, you know, Scott's innocent, that really is an offense to the jurors, isn't it?
DEAN JOHNSON, FMR. SAN MATEO COUNTY PROSECUTOR: Oh, it certainly is. And these jurors are feeling it.
Witness after witness after witness yesterday literally turned to this jury and said, you made a mistake, we believe Scott Peterson is innocent. And here's a little piece of trial strategy for you. If 12 people hold your life in their hands, you do not want to insult their intelligence. That's just what the -- what the defense is doing in this case.
M. O'BRIEN: I've got to admit I'm kind of scratching my head. Mark Geragos is a sharp defense attorney. Did he not prepare these witnesses properly? Do you have any insights?
JOHNSON: You know, I think there's a fundamental contradiction in the defense strategy. Mark Geragos is hamstrung.
What you want to do in a mitigation hearing like this is give some explanation as to why a person became a killer. But it's been the Peterson family strategy from Scott all the way through his relatives and friends to deny that this man ever became a killer and to present him as some sort of saint. And you can't explain why somebody became a killer until you acknowledge that he did.
M. O'BRIEN: All right. Let's give people a little sense of some of the testimony here. Of course we have to read it; no cameras in that courtroom.
William Archer, a college friend of Scott Peterson's said this: "Scott was a good friend to have. He listened to you. He would quite often go out of his way for you in very small ways."
At this point, does stuff like that resonate with the jurors, do you think?
JOHNSON: You know, it really doesn't. It's almost like they're talking about two different people.
We heard at one point even one witness saying that she had a son, and that she hoped that her son would grow up to be just like Scott Peterson. And the jurors rolled their eyes.
What this jury knows is that Scott Peterson is two different people: the facade he presented to friends and family, and the person who broke Amber Frey's heart and killed Laci Peterson. When they testify that Scott Peterson is considered of other people's feelings, this jury can only remember the testimony that they've already heard.
M. O'BRIEN: And Peterson's uncle, John Latham, had this to say to the jury: "I would not like to see him die," he said. "It would tear our family apart."
Of course, whenever I hear that kind of stuff, I immediately think of Laci Peterson's family and the hardships they are enduring.
JOHNSON: Well, absolutely. And this defense testimony is becoming, in some ways, almost like a second victim impact statement.
The witnesses are blaming the jury for their verdict, but the jury is turning around and saying, you know what, there never would have been a verdict or a prosecution if Scott Peterson had not killed Laci. You people are also victims of Scott Peterson's horrendous act.
M. O'BRIEN: All right. So what can we expect today?
JOHNSON: I think we're going to hear more of the same. We've been told that there are going to be 11 witnesses today, and then several other witnesses coming up on Wednesday. So I think we'll hear a continuation of this unfortunate theme. M. O'BRIEN: And so it goes on. All right. Dean Johnson, former San Mateo County prosecutor who has been watching that trial for us. We appreciate your time.
JOHNSON: Thanks, Miles.
M. O'BRIEN: Soledad.
S. O'BRIEN: Still to come this morning, a flurry of fur north of the border. We'll explain just ahead on AMERICAN MORNING.
(COMMERCIAL BREAK)
S. O'BRIEN: Sixty-three years ago today, December 7, 1941, the U.S. Naval base at Pearl Harbor, Hawaii, was attacked by Japan.
(BEGIN VIDEO CLIP)
FRANKLIN D. ROOSEVELT, FMR. PRESIDENT OF THE UNITED STATES: A date which will live in infamy.
(END VIDEO CLIP)
S. O'BRIEN: More than 2,300 Americans were killed on that day. And like September 11, 60 years later, Americans were moved to war. Survivors of Pearl Harbor and veterans of World War II will pay tribute today at 7:55 a.m., the very time of that attack.
M. O'BRIEN: Let's check in with Jack Cafferty now, "Question of the Day."
CAFFERTY: Thank you, Miles. The question is this: how would you change America's immigration policies? We're hearing from a lot of folks.
Scott in Rio Rico, Texas, writes: "I live five miles from the Mexican border, deal with the illegal immigration issue every day of my life. The border will never be sealed. If we don't want illegal immigrants here we have to stop giving them jobs. Crack down on the companies that hire illegals."
Dave in Prospect Bay, Nova Scotia, "The issue of denying driver's licenses to illegal immigrants is farcical. I don't think any of the September 11 terrorists had pilot's licenses, but it didn't stop them. No, but they did have driver's licenses, most of them."
Pamela in Pinckney, Michigan, "National Guardsmen on the borders, deport illegal aliens, fine companies that hire them, stop paying for illegals' medical school and Social Security, or bill the company that hires them. Limit visas into this country, conform driver's licenses across the country, mark non-citizens IDs as "non-citizens" and keep track of these people. It would at least be a start."
And Peter in Houston writes: "Two ways. Huge fines for employers who hire illegals. And secondly, the Israelis have the right idea, an impenetrable fence from the Pacific to the Gulf Coast." You know, it's working in parts of the Middle East where they have those fences built. I don't know. I mean it cost billions of dollars, but we're spending billions now on systems that don't work at all.
M. O'BRIEN: Well, I think in large parts of the Rio Grande River they have tried that. And there's still a lot of very determined people who want to come to this country. And that's something we like about this country.
CAFFERTY: You build the right kind of fence, I don't care how determined they are, they ain't getting in.
S. O'BRIEN: Do you really want the nation surrounded by a big old fence? I mean, is that what we're going for here?
CAFFERTY: It doesn't bother me.
(LAUGHTER)
S. O'BRIEN: OK.
CAFFERTY: What's the next question?
S. O'BRIEN: We know where you stand on that issue. Duly noted, Jack. Thank you very much, as always.
CAFFERTY: You're welcome.
S. O'BRIEN: Jack, stick around. You're going to love this next story. Because you know how much you loved the Beanie Babies yesterday?
CAFFERTY: Yes. Yes, I do.
S. O'BRIEN: It was cute. You've got to admit that.
Well here. This is Calgary. Spectators tossing more than 13,000 -- those are stuffed teddy bears happening at a junior hockey tournament.
The fur started flying right after Calgary scored its first goal 13 minutes into the game. They had to clean up the mess. It took half an hour for the game to resume. The bears are going to be collected and donated to a children's hospital.
CAFFERTY: Well, that's nice.
S. O'BRIEN: Yes.
CAFFERTY: I like that.
S. O'BRIEN: That's an amazing looking shot, though, isn't it, all that stuff flying out?
CAFFERTY: Where is the arena where they throw live octopuses or dead octopuses?
S. O'BRIEN: Octopi?
M. O'BRIEN: That is Detroit.
CAFFERTY: Your old home town, right?
M. O'BRIEN: Yes, yes.
CAFFERTY: Octopi, right.
(CROSSTALK)
M. O'BRIEN: Throwing the octopi on the ground.
S. O'BRIEN: That's nasty.
M. O'BRIEN: You might say...
CAFFERTY: Teddy bears are better.
S. O'BRIEN: Yes.
M. O'BRIEN: ... that's kind of an unbearable mess.
CAFFERTY: NASA is on the phone to you again, Miles.
S. O'BRIEN: When does Hemmer come back?
CAFFERTY: Flight leaving in...
S. O'BRIEN: How much time is left in this show?
CAFFERTY: ... flight leaving in 20 minutes. They've got one seat left.
S. O'BRIEN: Oh, we're joking. We're joking.
M. O'BRIEN: Only 35 more minutes and I'm out of here.
CAFFERTY: He's going to quit coming up here if we pick on him.
S. O'BRIEN: I know. It is so easy.
M. O'BRIEN: The thought has crossed my mind.
Still to come...
S. O'BRIEN: It's just so easy.
M. O'BRIEN: Shall we press on?
(LAUGHTER)
M. O'BRIEN: I set myself up, I get whacked. What do I expect? All right. A powerful senator says if baseball doesn't clean up its mess, he's going to do it. We'll find out what John McCain plans to do ahead on AMERICAN MORNING.
(COMMERCIAL BREAK)
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Aired December 7, 2004 - 9:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
SOLEDAD O'BRIEN, CNN ANCHOR: Signs of a breakthrough for the 9/11 reforms as one congressional holdout agrees to the overhaul while this morning explains why he's still not convinced.
Security watch and the dangers to the food supply. Will it take another government shakeup to protect groceries from terrorists?
And surviving the fire.
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: And the office suite was filling up with smoke. It was very scary.
(END VIDEO CLIP)
S. O'BRIEN: Frightening hours trapped inside a burning skyscraper. We're going to hear one survivor's story 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 back, everybody. Bill's got the day off. Miles is with us again.
Nice to have you.
MILES O'BRIEN, CNN ANCHOR: Thank you. Good to be here. Good morning to you.
More on the intelligence reforms in just a moment. But we're also looking at another global threat this morning from the bird flu. How close is that disease to becoming one that spreads from human to human? And could it ever be a tool for terror?
Some serious warnings coming from the former director of the National Institutes of Health. We will hear that.
S. O'BRIEN: Also this morning, after it was revealed that baseball sluggers Jason Giambi and Barry Bonds used steroids, now the Players Association is considering stricter testing for these illegal drugs. Serious reform or just a smokescreen? We're going to see what exactly is in the works.
M. O'BRIEN: Jack Cafferty is here with the question for you. JACK CAFFERTY, CNN ANCHOR: What should be done to reform America's immigration policies? AM@CNN.com.
The 9/11 reform bill, intelligence reform, may pass today. But there are -- it still allows, for example, illegal immigrants to get driver's licenses. Eleven states hand them out to these people. How should we change our immigration policies will be the question.
S. O'BRIEN: All right. That's ahead. First, let's get the headlines with Heidi Collins.
Good morning again.
HEIDI COLLINS, CNN ANCHOR: Good morning, guys. And good morning to you, everybody.
"Now in the News" this morning, President Bush is aboard Air Force One, winging his way toward California. The president left Washington about two hours ago for Camp Pendleton.
The Marine base has had one of the highest casualty rates in Iraq of any U.S. military installation. The president will address the troops, thanking them and all American military personnel for their service in Iraq.
The flood-ravaged Philippines getting some help from the United States military. Up to 600 U.S. Marines being deployed to the Philippines in the next few days. They'll assist with humanitarian efforts after severe weather left behind a trail of destruction.
Ten thousands -- tens of thousands, that is, of people have been displaced by the storms. More than 500 people are believed dead or missing.
Coming up a little bit later this morning, word on plans to boost the flu vaccine supply. The Food and Drug Administration has certified the safety of about five million doses of vaccine from Canada and Germany. Health and Human Services secretary Tommy Thompson holding a news conference set for 10:30 a.m. Eastern Time. CNN will have live coverage of it for you.
And happy Hanukkah to you. The festival of lights officially begins at sundown tonight. The eight-day Jewish holiday celebrated by the lighting of menorahs and the giving of gifts to children. The lighting of the national Hanukkah menorah taking place at 5:00 p.m. Eastern tonight, and that will happen in Washington, D.C.
Back over to you.
M. O'BRIEN: All right. Thank you, Heidi.
S. O'BRIEN: Washington lawyers could finally get to vote on the intelligence reform bill today. The measure shaped by the suggestions of the 9/11 Commission has been held up for several weeks now. But last night that stalemate was broken.
Ed Henry live for us on Capitol Hill this morning.
Good morning, Ed.
ED HENRY, CNN CONGRESSIONAL CORRESPONDENT: Good morning again, Soledad.
You're right, the 9/11 Commission, in fact, released this very bipartisan report back in July. And after weeks of fits and starts, Congress finally has an agreement.
(BEGIN VIDEOTAPE)
HENRY (voice-over): More than three years after the 9/11 terror attacks, Congress has forged a deal to reshape the nation's intelligence community. The most radical shakeup in over 40 years. The deal got a major shot in the arm when a key Republican holdout, Duncan Hunter, signed on to new language.
REP. DUNCAN HUNTER (R), ARMED SERVICES CHAIRMAN: We have received a satisfactory provision that protects them, and so I will vote for the bill.
HENRY: Hunter had been concerned that a director of national intelligence would interfere with the military's chain of command. But a tweaking of four words in the bill appeased Hunter.
The director of national intelligence will now serve as quarterback of the nation's 15 spy agencies. The 9/11 Commission said that was a key change to help prevent another terror attack.
The deal capped a frenetic day of lobbying that included a flurry of calls to the Hill from Vice President Cheney and urgent calls from some 9/11 families who held a vigil outside the White House. President Bush heard the call, and with some of his own political capital on the line, he prodded Congress to act.
GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: I certainly hope the bill gets to my desk soon. I believe we've addressed the concerns of by far the majority of members of both the House and the Senate.
(END VIDEOTAPE)
HENRY: Now, the Is still need to be dotted, the Ts still need to be crossed. But barring a last-minute snag, the House is expected to pass this legislation today. The Senate will follow on Wednesday or Thursday -- Soledad.
S. O'BRIEN: Ed Henry for us on the Hill. Thanks, Ed. Appreciate it.
The compromise that will allow this bill to go to the vote was not easy to work out. One of the chief architects of the solution was Representatives Peter Hoekstra. He's in Washington this morning.
Nice to see you, sir. Thanks for being with us.
REP. PETER HOEKSTRA (R), INTELLIGENCE COMMITTEE: Thank you. Good morning.
S. O'BRIEN: As you well know, the role of the national intelligence director was key to all of this back and forth. Respect and not abrogate, that's the four words people are pointing to, meaning abrogate the responsibilities of the heads of the departments. What exactly would those four words -- what exactly changes?
HOEKSTRA: Well, for -- for Duncan Hunter and for others, this clearly now solidifies the position or solidifies the chain of command. We were all very concerned that, you know, as we reform the intelligence community that one of the key users of the intelligence that we gather, our military fighters, our war fighters, that they not be damaged in any way by the changes.
And these four words I think bring us all together. That says the national intelligence director is going to have the authority that they need to do their job. And at the same time, our war fighters are going to continue to have rapid access to the information that they need to keep themselves safe.
S. O'BRIEN: Duncan Hunter appeased by those four words. Earlier we spoke with Congressman Sensenbrenner, and he said to me that -- that they divided and conquered, meaning you, I believe, and that he was conquered. Why work to appease Congressman Hunter, but not Congressman Sensenbrenner?
HOEKSTRA: Well, we've been working very hard with both Duncan Hunter and with Congressman Sensenbrenner. Both of them brought valid points to the negotiations.
We sat down two or three times yesterday with Mr. Sensenbrenner. His are very difficult, controversial issues.
I agree with him on many of the things that he wants to do. Many of those provisions were not even considered in the Senate intelligence reform bill. So we're finding a way to make sure that the issues that Congressman Sensenbrenner has brought forward, that if they're not dealt with in this bill, that he can be assured and his colleagues who also feel strongly about these positions, that they can be dealt with early in the next Congress.
Congressman Sensenbrenner is right, this is not a total package. This is a good intelligence reform bill. There's good law enforcement provisions. But there are other things that need to be done to keep America safe.
S. O'BRIEN: So then why go ahead with a bill that's not complete? Why not take your time and go eventually with a bill that is complete?
HOEKSTRA: Well, because, as I said, this was intended to be an intelligence reform bill. That's how the Senate dealt with the bill. They did not deal with immigration reform. They did not deal with law enforcement provisions. They did not deal with transportation security, and they did not deal with foreign policy.
The Senate negotiated in very good faith and gave us many of the law enforcement provisions that were in the House bill. They gave us the foreign policy issues. They gave us the transportation. But they felt uncomfortable, including the immigration provisions.
You know, if we waited in every -- on every bill in Washington to have the complete package done, we'd never get anything done. This is -- this is a good solid step in the right direction, addressing many of the issues that will make America safer.
But I -- you know, I think we're all agreed, it is not the complete and total package. But even if we had included immigration reform, there would be other things that would move to the forefront that would need to be considered.
This is a continuing issue that Congress will deal with over the next -- over the next few years. Fighting terrorism, winning the war on terrorism is a very complex problem and is going to require very complicated, and thoughtful responses.
S. O'BRIEN: Will there be a vote today? Will it pass?
HOEKSTRA: Well, we've got -- as Ed said, we've got to cross a few Ts, dot a few Is. We're hoping that we can get that done this morning so that we can move to this bill to the floor today. But the important thing is getting it done, getting it done -- getting it done right.
S. O'BRIEN: Congressman Peter Hoekstra, who is going to spend his morning crossing his Ts and dotting his Is on that.
Thanks, sir. Appreciate it.
HOEKSTRA: Hey, great. Thank you.
S. O'BRIEN: Miles.
M. O'BRIEN: The World Health Organization sounding an alarm this morning. It says bird flu will likely cause the next influenza pandemic. And officials warn that little is being done to prevent its potential devastation.
CNN "Security Watch" now. Is the U.S. at risk from bird flu, and could it be used as a weapon of terror? Earlier, I spoke with Bernadine Healy, a former director of the National Institutes of Health. She's now a contributing editor to "U.S. News and World Report."
(BEGIN VIDEOTAPE)
DR. BERNADINE HEALY, FMR. NIH DIRECTOR: Ever since this first appeared about a year ago, this avian flu in poultry, and then later in ducks, this has been a concern. And the World Health Organization, the CDC, and the Department of Health and Human Services have been worried about it and working on it.
M. O'BRIEN: Now, what about the transfer of this particular influenza strain from birds to humans? How common is that? HEALY: Well, that has not occurred. And that, you put your finger on what the critical element in going from a poultry virus, something that's wiping out poultry in Asia, to something that could wipe out humans. And that is the ability of that virus to go from human to human readily.
Right now we know that humans can contact this from birds. But as Secretary Thompson said, it's roughly about 40 people in Vietnam and Thailand. But the moment that you can start having people through sneezing or coughing or contaminated hands transmit that from one person to another, then you have the makings of a potential pandemic. And then things go into pandemic alert.
M. O'BRIEN: Could this be an instrument of terror in any way, do you think?
HEALY: Well, the influenza virus is notorious for mutating on its own. It can mutate in a laboratory. So, yes, Miles, in the hands of a very clever and well-supported terrorist, they could design a version of this particular pandemic flu. However, it does take sophisticated technology, and it also means they had better have enough flu vaccine for their own population, or they could wipe out themselves, as well as those people there trying to terrorize so brutally.
(END VIDEOTAPE)
M. O'BRIEN: That was Bernadine Healy just a little while ago. Tonight on "NEWSNIGHT," lessons learned from the 1918 influenza pandemic. That's "NEWSNIGHT WITH AARON BROWN," 10:00 Eastern.
S. O'BRIEN: A quick look at the weather now. Rob Marciano at the CNN Center.
What are you looking at now, Rob?
ROB MARCIANO, CNN METEOROLOGIST: A big mess, Soledad.
(WEATHER REPORT)
M. O'BRIEN: All right. Pack up that board, huh?
S. O'BRIEN: Yes. That snow sounds nice. All right, Rob. Thanks.
MARCIANO: See you.
M. O'BRIEN: Still to come on the program, baseball players take on the controversy that's enveloped their sport. Steroids, of course. But will it be enough to fight off a threat from a powerful senator?
S. O'BRIEN: Also this morning, a skyscraper in Chicago turning into a towering inferno. What was going through one woman's mind as she was trapped on the 39th floor? Her amazing story of survival just ahead.
M. O'BRIEN: And did a defense witness insult the very people who control the life of Scott Peterson, the jurors? Legal analyst Dean Johnson on tap.
Stay with us for more AMERICAN MORNING.
(COMMERCIAL BREAK)
S. O'BRIEN: A real mess in downtown Chicago this morning after a five-alarm fire in a skyscraper injured 37 people last night. The art deco-style high-rise, the corporate headquarters of LaSalle Bank, burned for 5.5 hours. Earlier this morning I spoke -- we spoke, rather, to Sarah Nadelhoffer. She was rescued by firefighters.
(BEGIN VIDEO CLIP)
SARAH NADELHOFFER, EARLIER ON AMERICAN MORNING: Of course every thought was going through my head, and I just kept thinking it couldn't -- it couldn't end this way. I kept thinking of my family. And I had faith and hope that -- and hope that the Chicago Fire Department would come and get us and get us out.
And I knew I had to stay calm and breathe out the window. And, you know, there really wasn't a lot I could do other than do the best I could to breathe and keep calling 911, and have confidence that the fire department would come and get us as like they had said they would.
(END VIDEO CLIP)
S. O'BRIEN: In fact, the firefighters did come and get them, and get them out. Of those injured, 22 were firefighters. Right now investigators stay they are starting their probe into what exactly sparked that fire.
M. O'BRIEN: A cad and a killer. The jury's verdict tells you how they see Scott Peterson. But during the murder trial's penalty phase, defense witnesses are submitting a kinder, gentler Peterson for the jury's approval, and even suggesting yesterday to jurors that they reached the wrong verdict.
Is that a good defense strategy, we might ask? Former San Mateo County prosecutor Dean Johnson is in Redwood City this morning. He's been in the courtroom, was there yesterday.
Dean, when a witness gets on the stand and says, you know, Scott's innocent, that really is an offense to the jurors, isn't it?
DEAN JOHNSON, FMR. SAN MATEO COUNTY PROSECUTOR: Oh, it certainly is. And these jurors are feeling it.
Witness after witness after witness yesterday literally turned to this jury and said, you made a mistake, we believe Scott Peterson is innocent. And here's a little piece of trial strategy for you. If 12 people hold your life in their hands, you do not want to insult their intelligence. That's just what the -- what the defense is doing in this case.
M. O'BRIEN: I've got to admit I'm kind of scratching my head. Mark Geragos is a sharp defense attorney. Did he not prepare these witnesses properly? Do you have any insights?
JOHNSON: You know, I think there's a fundamental contradiction in the defense strategy. Mark Geragos is hamstrung.
What you want to do in a mitigation hearing like this is give some explanation as to why a person became a killer. But it's been the Peterson family strategy from Scott all the way through his relatives and friends to deny that this man ever became a killer and to present him as some sort of saint. And you can't explain why somebody became a killer until you acknowledge that he did.
M. O'BRIEN: All right. Let's give people a little sense of some of the testimony here. Of course we have to read it; no cameras in that courtroom.
William Archer, a college friend of Scott Peterson's said this: "Scott was a good friend to have. He listened to you. He would quite often go out of his way for you in very small ways."
At this point, does stuff like that resonate with the jurors, do you think?
JOHNSON: You know, it really doesn't. It's almost like they're talking about two different people.
We heard at one point even one witness saying that she had a son, and that she hoped that her son would grow up to be just like Scott Peterson. And the jurors rolled their eyes.
What this jury knows is that Scott Peterson is two different people: the facade he presented to friends and family, and the person who broke Amber Frey's heart and killed Laci Peterson. When they testify that Scott Peterson is considered of other people's feelings, this jury can only remember the testimony that they've already heard.
M. O'BRIEN: And Peterson's uncle, John Latham, had this to say to the jury: "I would not like to see him die," he said. "It would tear our family apart."
Of course, whenever I hear that kind of stuff, I immediately think of Laci Peterson's family and the hardships they are enduring.
JOHNSON: Well, absolutely. And this defense testimony is becoming, in some ways, almost like a second victim impact statement.
The witnesses are blaming the jury for their verdict, but the jury is turning around and saying, you know what, there never would have been a verdict or a prosecution if Scott Peterson had not killed Laci. You people are also victims of Scott Peterson's horrendous act.
M. O'BRIEN: All right. So what can we expect today?
JOHNSON: I think we're going to hear more of the same. We've been told that there are going to be 11 witnesses today, and then several other witnesses coming up on Wednesday. So I think we'll hear a continuation of this unfortunate theme. M. O'BRIEN: And so it goes on. All right. Dean Johnson, former San Mateo County prosecutor who has been watching that trial for us. We appreciate your time.
JOHNSON: Thanks, Miles.
M. O'BRIEN: Soledad.
S. O'BRIEN: Still to come this morning, a flurry of fur north of the border. We'll explain just ahead on AMERICAN MORNING.
(COMMERCIAL BREAK)
S. O'BRIEN: Sixty-three years ago today, December 7, 1941, the U.S. Naval base at Pearl Harbor, Hawaii, was attacked by Japan.
(BEGIN VIDEO CLIP)
FRANKLIN D. ROOSEVELT, FMR. PRESIDENT OF THE UNITED STATES: A date which will live in infamy.
(END VIDEO CLIP)
S. O'BRIEN: More than 2,300 Americans were killed on that day. And like September 11, 60 years later, Americans were moved to war. Survivors of Pearl Harbor and veterans of World War II will pay tribute today at 7:55 a.m., the very time of that attack.
M. O'BRIEN: Let's check in with Jack Cafferty now, "Question of the Day."
CAFFERTY: Thank you, Miles. The question is this: how would you change America's immigration policies? We're hearing from a lot of folks.
Scott in Rio Rico, Texas, writes: "I live five miles from the Mexican border, deal with the illegal immigration issue every day of my life. The border will never be sealed. If we don't want illegal immigrants here we have to stop giving them jobs. Crack down on the companies that hire illegals."
Dave in Prospect Bay, Nova Scotia, "The issue of denying driver's licenses to illegal immigrants is farcical. I don't think any of the September 11 terrorists had pilot's licenses, but it didn't stop them. No, but they did have driver's licenses, most of them."
Pamela in Pinckney, Michigan, "National Guardsmen on the borders, deport illegal aliens, fine companies that hire them, stop paying for illegals' medical school and Social Security, or bill the company that hires them. Limit visas into this country, conform driver's licenses across the country, mark non-citizens IDs as "non-citizens" and keep track of these people. It would at least be a start."
And Peter in Houston writes: "Two ways. Huge fines for employers who hire illegals. And secondly, the Israelis have the right idea, an impenetrable fence from the Pacific to the Gulf Coast." You know, it's working in parts of the Middle East where they have those fences built. I don't know. I mean it cost billions of dollars, but we're spending billions now on systems that don't work at all.
M. O'BRIEN: Well, I think in large parts of the Rio Grande River they have tried that. And there's still a lot of very determined people who want to come to this country. And that's something we like about this country.
CAFFERTY: You build the right kind of fence, I don't care how determined they are, they ain't getting in.
S. O'BRIEN: Do you really want the nation surrounded by a big old fence? I mean, is that what we're going for here?
CAFFERTY: It doesn't bother me.
(LAUGHTER)
S. O'BRIEN: OK.
CAFFERTY: What's the next question?
S. O'BRIEN: We know where you stand on that issue. Duly noted, Jack. Thank you very much, as always.
CAFFERTY: You're welcome.
S. O'BRIEN: Jack, stick around. You're going to love this next story. Because you know how much you loved the Beanie Babies yesterday?
CAFFERTY: Yes. Yes, I do.
S. O'BRIEN: It was cute. You've got to admit that.
Well here. This is Calgary. Spectators tossing more than 13,000 -- those are stuffed teddy bears happening at a junior hockey tournament.
The fur started flying right after Calgary scored its first goal 13 minutes into the game. They had to clean up the mess. It took half an hour for the game to resume. The bears are going to be collected and donated to a children's hospital.
CAFFERTY: Well, that's nice.
S. O'BRIEN: Yes.
CAFFERTY: I like that.
S. O'BRIEN: That's an amazing looking shot, though, isn't it, all that stuff flying out?
CAFFERTY: Where is the arena where they throw live octopuses or dead octopuses?
S. O'BRIEN: Octopi?
M. O'BRIEN: That is Detroit.
CAFFERTY: Your old home town, right?
M. O'BRIEN: Yes, yes.
CAFFERTY: Octopi, right.
(CROSSTALK)
M. O'BRIEN: Throwing the octopi on the ground.
S. O'BRIEN: That's nasty.
M. O'BRIEN: You might say...
CAFFERTY: Teddy bears are better.
S. O'BRIEN: Yes.
M. O'BRIEN: ... that's kind of an unbearable mess.
CAFFERTY: NASA is on the phone to you again, Miles.
S. O'BRIEN: When does Hemmer come back?
CAFFERTY: Flight leaving in...
S. O'BRIEN: How much time is left in this show?
CAFFERTY: ... flight leaving in 20 minutes. They've got one seat left.
S. O'BRIEN: Oh, we're joking. We're joking.
M. O'BRIEN: Only 35 more minutes and I'm out of here.
CAFFERTY: He's going to quit coming up here if we pick on him.
S. O'BRIEN: I know. It is so easy.
M. O'BRIEN: The thought has crossed my mind.
Still to come...
S. O'BRIEN: It's just so easy.
M. O'BRIEN: Shall we press on?
(LAUGHTER)
M. O'BRIEN: I set myself up, I get whacked. What do I expect? All right. A powerful senator says if baseball doesn't clean up its mess, he's going to do it. We'll find out what John McCain plans to do ahead on AMERICAN MORNING.
(COMMERCIAL BREAK)
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