Return to Transcripts main page

CNN Live Today

Battle Over Schiavo; U.S. Supreme Court Reject Appeal by Zacarias Moussaoui

Aired March 21, 2005 - 10:32   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.


DARYN KAGAN, CNN ANCHOR: Let's take a look at what's happening now in the news. A federal judge in Tampa has ordered a hearing less than five hours from now on the case of Terri Schiavo. She's a brain- damaged Florida woman at the center of a legal and political firestorm. Just hours after Congress passed emergency legislation, President Bush signed a measure that's aimed at reinserting her feeding tube.
Secretary of State Condoleezza Rice is in Beijing this morning, but along with diplomacy, she's delivering a pointed message. She's asking China to use its leverage with North Korea to resume nuclear disarmament talks, and she's criticized China for ratcheting up tensions with Taiwan and for limiting religious freedom.

The company that makes the taser stun gun has lost a top cop from the board of directors. Officials at Taser Inc. announced this morning that former New York City police commissioner Bernard Kerik has resigned. effective the first of the month. Kerik, you might remember, was the short-lived nominee for homeland security secretary. He instead will focus on his consulting business.

U.S. gas prices have hit a new record. The industry analyst, the Lundberg Survey (ph), says the nationwide average for self-serve regular now stands at $2.10 a gallon. That's about 20-cent gain over the past month. Experts say the prices will go even higher this summer.

We're following a developing story out of the Detroit area. Injuries are reported at a fire at a Dearborn steel plant. The extent of those injuries and the cause of the fire are not known. The plant had formerly been owned by the Ford Motor Company, and once turned out the Ford Model-T.

Let's go back to the Terri Schiavo story. The Supreme Court reconvened. A federal judge in Tampa is considering whether Terri Schiavo's feeding tube should be reinserted. A hearing is set for 3:00 p.m. Eastern today.

The latest developments for you. Early this morning, President Bush signed what's being called Terri's Bill into law. House members worked late into the night to pass the bill. It allows the case to be transferred from state to federal court. About six hours ago, Justice Department attorneys filed documents to support efforts to keep Schiavo alive. Schiavo is still in hospice care. She would be taken to a hospital if the judge order the feeding tube reinserted.

Legal analyst Kendall Coffey joins us now from Miami to talk about the case.

Kendall, good morning.

KENDALL COFFEY, FMR. U.S. ATTY.: Good morning, Daryn.

KAGAN: I want you to talk us through some of the many legal maneuvers that are taking place even as we're on the air right here. First of all, there's a restraining order.

COFFEY: Well, the most dramatic thing imaginable in legal terms. The question today is going to be centering on not whether ultimately Terri Schiavo's condition is going to be changed, or what the ultimate verdict will be. This is a temporary order just to determine the reinsertion of the hydration and nutritional tubes. And in many cases, even though the judge might ultimately rule against the parents of Terri Schiavo, the judge has got to seriously consider making sure there's enough time to study it carefully and to give more time to consider the case, you've got to give more time for Terri Schiavo, and that would mean assuring that she lives and continues to live while this matter's being resolved.

KAGAN: And so you have, the short term, the restraining order. The lawsuit is the long term, the bigger picture.

COFFEY: The much bigger picture. And there plenty of situations, I even recall, with the Elian case, where on a temporary basis they entered an order keeping Elian in the country. But once the case was finally resolved, he went back to Cuba.

KAGAN: Two different courts resolved here. You have the U.S. district court in Tampa, but you also have and the 11th Circuit Court of Appeals here in Atlanta. What's the difference? And who's working on what?

COFFEY: Well, they're both very, very engaged in this. Certainly a new law has to be considered first by the district court. That's the trial-level court in Tampa, but over the weekend, after the early -- original results from last week, the federal 11th Circuit in Atlanta started to look at this. They're going to continue to be very engaged, because whatever happens today, it is going to fly at warp speed up to the court in Atlanta. And they're already studying this, and going to be ready to rule as quickly as possible, because we know this will not stop at one court. It will continue to the next court. And whatever happens in Atlanta, Daryn, expect to see this thing then go up to Washington for some answer from the Supreme Court.

KAGAN: How unusual is this, the 11th Circuit telling both sides to start preparing arguments before they've ever even received the case?

COFFEY: Well, it's extraordinary. It did happen in the Elian case. It has happened many times in death-penalty cases. And that's why so many refer to these extraordinary circumstances as really analogous to a death-penalty case. That's why I think from the standpoint of the parents of Terri Schiavo, there is hope here, just as in death-penalty cases, that if a judge has any doubt at all, he will rule against death for at least the time being.

KAGAN: And if parents do lose at this level, you expect it to go to the Supreme Court?

COFFEY: It will be immediately into Atlanta for the federal appeals court, then to the U.S. Supreme Court. We know three different times this year the Supreme Court had said no. But at that time, it was essential will a matter of the state courts. Now, as we found out last night and early this morning, it's become a federal law. So there certainly is better chance than before the Supreme Court would take a serious look at the life or death of Terri Schiavo.

KAGAN: I want to look at two big picture thing of what this means to the rest of us. First what does it mean, what is the message? We talked with Gerri Willis about this, but this family would not be going through this if the family had a living will.

COFFEY: That is one of the important and hopefully enduring messages. You know, Daryn, Ironically, I realize I didn't have a living will either.

KAGAN: Kendall!

COFFEY: None of my friends do.

KAGAN: Kendall!

COFFEY: I signed one this morning.

KAGAN: Good, good job.

COFFEY: Anything like this can happen to anybody. And hopefully many millions of Americans are addressing this before it becomes too late.

KAGAN: And also, the big picture of -- that some opponents of the Schindler family have in all of this, the message it sends about government being able to tell you what kind of choices you can make for yourself. Will the Terri Schiavo case have long-lasting effects on somebody's right to die?

COFFEY: Well, it's probably being seen as an individually unique case in terms of the right-to-die controversy, so many distinctive factors. But I'll tell you where it's a major case, and that is defining the balance of power between the Congress and the courts, because as much as this is a conflict between the parents of Terri Schiavo and her husband, this is also battled out as a duel between the legislative branch, now joined by the executive, with President Bush and the courts. Who gets to make the final decision in something that involves an individual controversy, individual human rights, and an individual case which has been in our court system for years?

KAGAN: Well, and that has been an ongoing and growing battle, the concern that some people have of decisions that judges have been making across states.

Thank you for that, Kendall.

And I'm glad you got the living will done.

COFFEY: Thanks, Daryn.

KAGAN: Good work.

Well, and Kendall was talking about the Supreme Court. Let's go there. There is news there today, two different stories. The chief justice back on the bench after a much longer period, Chief Justice William Rehnquist.

Also, though, news on the Zacarias Moussaoui case.

And Kathleen Koch outside the Supreme Court with the latest on the case.

Good morning.

KATHLEEN KOCH, CNN CORRESPONDENT: Good morning, Daryn.

Well, as you know Zacarias Moussaoui is the only person up until this point charged in the United States in the 9/11 terrorist attacks, in connection with those attacks. And what the Supreme Court today was it declined to hear his appeal. Moussaoui had been challenging the federal government's right to prevent him from directly questioning in person, he and his attorneys, three incarcerated member of al Qaeda. He believed that those three suspects could indeed, that could really affect his rights to a fair trial. And the argument to the justices was that if he didn't have that access, he would not receive a fair trial. The Supreme Court declined to hear that argument, and so basically now his case goes back to the local court in Alexandria, Virginia, where we're being told that a trial then in his case could proceed as soon as September.

And of course, Daryn, as you mentioned, this is the first time now since October that Chief Justice William Rehnquist has rejoined his colleagues here on the Supreme Court to hear arguments. It was back in October that the court announced that he was seeking treatment for thyroid cancer, undergoing both chemotherapy and radiation. And of course he also had a tracheotomy at that time to ease his breathing.

Observing him in the court today really, he showed no signs of illness other than you could hear a slight hiss from the device that he's wearing, the same one he wore when he swore the president in at the Inaugural back in January, a device that does enable him to talk, despite the tube in his throat from the tracheotomy. But the justice stepped up briskly from behind the burgundy curtains at the opening of the session, conducted business in a normal voice. I wouldn't say it was a strong voice or a week voice. But those observing along with me really did believe it was business as usual for the chief justice. He participated in the questioning at least in the first half hour that I was in court, asking two or three questions, and really did appear to be very much normal.

Back to you, Daryn.

KAGAN: All right. Lots of news happening there at the Supreme Court. Kathleen Koch, thank you for that.

We're going to go to the world of sports for a controversy. She says that Barry Bonds confided in her years ago, and now she wants to reveal the details of the conversation. Still to come, the ex- girlfriend of Barry Bonds sheds light on the steroid controversy.

Plus, there is no relief at the gas pump. Why prices are expected, sorry to tell you this, to go even higher in the coming weeks. That is coming up next.

(COMMERCIAL BREAK)

(STOCK MARKET REPORT)

(COMMERCIAL BREAK)

KAGAN: The battle over Terri Schiavo is leading the board at cnn.com. Veronica De La Cruz joins us from the dotcom desk. Veronica.

VERONICA DE LA CRUZ, CNN.COM CORRESPONDENT: Hey there, Daryn, that's right. We are tracking the Terri Schiavo case at cnn.com and breaking it down for you. We have a timeline that takes you through the major events over the last 15 years, from the beginning, in 1990, when Schiavo collapsed in her home with heart failure and suffered severe brain damage, leading up to the legal wrangling that is taking place today.

Also, in our online gallery, some very emotional pictures illustrating both sides in the fight for Schiavo. We have Terri Schiavo's sister putting rosary beads on her mother, like you see right there. And also Michael Schiavo's brother Brian (ph), speaking with the media, reiterating Michael's thoughts, saying, this personal matter should not be politicized.

Now, Daryn, we've been asking our web audience to weigh in with what they think. In our quick vote, we asked who should decide Terri Schiavo's fate? Politicians, judges, her parents or her husband? As of 10:00 a.m. Eastern, more than 11,000 people have voted and 66 percent of people feel it should be left to her husband. Now we should mention, this poll is unscientific and only reflects the opinions of the Internet users who choose to participate.

You can vote by logging on to cnn.com. And we will be back in the next hour with the latest results -- Daryn.

KAGAN: All right. Thank you for that. Veronica de la Cruz.

Other news today, an ex-girlfriend of Barry Bonds reportedly says the San Francisco Giants' star used steroids. "The San Francisco Chronicle" says that Kimberly Bell made that statement to a federal grand jury last week. Last month Bonds said he wouldn't discuss his role in baseball steroid scandal. He has previously denied knowingly taking steroids. "The Chronicle" reports Bell testified Bonds told her in 2000 he had started using steroids. Bonds' attorney calls those allegations absurd.

Baseball owners and the Players Union have now agreed to change one part of the new steroids policy. The two sides have wrought the option of players being fined for steroid use. Players will now only face suspensions. Last week a congressional committee criticized baseball's steroids policy as not being tough enough. The policy, announced in January, still must be ratified by the players.

Let's take a look at other stories making news coast to coast. An investigation continues this morning into the cause of a Saturday explosion that leveled a remote lodge in Paonia, Colorado. The search for three children, who were last seen inside the building, has been called off. Officials say they are missing and presumed dead. More than a dozen other people were injured.

In Nevada, a driver who killed a family of three in a high-speed head-on collision may have been suicidal. Las Vegas police say 20- year-old Clark McBride left several suicide notes at his apartment. However, they say it's not clear if he intentionally killed himself in that wreck back on March 13th.

And in Las Vegas, TV host Pat O'Brien has checked himself into an alcohol rehab program. He issued a written statement to the Associated Press. O'Brien admits he has a drinking problem and says he has decided to take action. The 57-year-old O'Brien hosts the news magazine show "The Insider."

Right now 10:52 in the East. 7:53, as the clock changes, on West Coast. Stay with us. I'm back in a second. A quick check on your morning forecast.

(COMMERCIAL BREAK)

(WEATHER REPORT)

KAGAN: A federal judge has scheduled a hearing in the Terri Schiavo case to decide whether to order her feeding tube be reinserted. We'll have that decision for you as soon as it happens. And then you'll hear arguments from both Terri's husband and her brother, as the second hour of CNN LIVE TODAY begins right now.

We like to start the hour by taking a look at what's happening "Now in the News." The Terri Schiavo case, of course, tops our hours. The two sides in the life or death legal battle will meet in court this morning. It's going to happen about four hours from right now. A federal judge will consider a request to have Schiavo's feeding tube reinserted. We'll have the very latest straight ahead.

Chief Justice William Rehnquist is back on the bench at the Supreme Court at this hour. Rehnquist joined the court as it reconvened about an hour ago. This is his first time back on the bench since he was diagnosed with thyroid cancer last fall. A live report from a high court in just a few minutes. Meanwhile, the Supreme Court has declined to hear an appeal from terror suspect Zacarias Moussaoui. Moussaoui is the only person publicly charged in the U.S. in connection with the 9/11 attacks. He had asked the court to decide if his right to a fair trial hinged on his being able to question key al Qaeda detainees.

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com


Aired March 21, 2005 - 10:32   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
DARYN KAGAN, CNN ANCHOR: Let's take a look at what's happening now in the news. A federal judge in Tampa has ordered a hearing less than five hours from now on the case of Terri Schiavo. She's a brain- damaged Florida woman at the center of a legal and political firestorm. Just hours after Congress passed emergency legislation, President Bush signed a measure that's aimed at reinserting her feeding tube.
Secretary of State Condoleezza Rice is in Beijing this morning, but along with diplomacy, she's delivering a pointed message. She's asking China to use its leverage with North Korea to resume nuclear disarmament talks, and she's criticized China for ratcheting up tensions with Taiwan and for limiting religious freedom.

The company that makes the taser stun gun has lost a top cop from the board of directors. Officials at Taser Inc. announced this morning that former New York City police commissioner Bernard Kerik has resigned. effective the first of the month. Kerik, you might remember, was the short-lived nominee for homeland security secretary. He instead will focus on his consulting business.

U.S. gas prices have hit a new record. The industry analyst, the Lundberg Survey (ph), says the nationwide average for self-serve regular now stands at $2.10 a gallon. That's about 20-cent gain over the past month. Experts say the prices will go even higher this summer.

We're following a developing story out of the Detroit area. Injuries are reported at a fire at a Dearborn steel plant. The extent of those injuries and the cause of the fire are not known. The plant had formerly been owned by the Ford Motor Company, and once turned out the Ford Model-T.

Let's go back to the Terri Schiavo story. The Supreme Court reconvened. A federal judge in Tampa is considering whether Terri Schiavo's feeding tube should be reinserted. A hearing is set for 3:00 p.m. Eastern today.

The latest developments for you. Early this morning, President Bush signed what's being called Terri's Bill into law. House members worked late into the night to pass the bill. It allows the case to be transferred from state to federal court. About six hours ago, Justice Department attorneys filed documents to support efforts to keep Schiavo alive. Schiavo is still in hospice care. She would be taken to a hospital if the judge order the feeding tube reinserted.

Legal analyst Kendall Coffey joins us now from Miami to talk about the case.

Kendall, good morning.

KENDALL COFFEY, FMR. U.S. ATTY.: Good morning, Daryn.

KAGAN: I want you to talk us through some of the many legal maneuvers that are taking place even as we're on the air right here. First of all, there's a restraining order.

COFFEY: Well, the most dramatic thing imaginable in legal terms. The question today is going to be centering on not whether ultimately Terri Schiavo's condition is going to be changed, or what the ultimate verdict will be. This is a temporary order just to determine the reinsertion of the hydration and nutritional tubes. And in many cases, even though the judge might ultimately rule against the parents of Terri Schiavo, the judge has got to seriously consider making sure there's enough time to study it carefully and to give more time to consider the case, you've got to give more time for Terri Schiavo, and that would mean assuring that she lives and continues to live while this matter's being resolved.

KAGAN: And so you have, the short term, the restraining order. The lawsuit is the long term, the bigger picture.

COFFEY: The much bigger picture. And there plenty of situations, I even recall, with the Elian case, where on a temporary basis they entered an order keeping Elian in the country. But once the case was finally resolved, he went back to Cuba.

KAGAN: Two different courts resolved here. You have the U.S. district court in Tampa, but you also have and the 11th Circuit Court of Appeals here in Atlanta. What's the difference? And who's working on what?

COFFEY: Well, they're both very, very engaged in this. Certainly a new law has to be considered first by the district court. That's the trial-level court in Tampa, but over the weekend, after the early -- original results from last week, the federal 11th Circuit in Atlanta started to look at this. They're going to continue to be very engaged, because whatever happens today, it is going to fly at warp speed up to the court in Atlanta. And they're already studying this, and going to be ready to rule as quickly as possible, because we know this will not stop at one court. It will continue to the next court. And whatever happens in Atlanta, Daryn, expect to see this thing then go up to Washington for some answer from the Supreme Court.

KAGAN: How unusual is this, the 11th Circuit telling both sides to start preparing arguments before they've ever even received the case?

COFFEY: Well, it's extraordinary. It did happen in the Elian case. It has happened many times in death-penalty cases. And that's why so many refer to these extraordinary circumstances as really analogous to a death-penalty case. That's why I think from the standpoint of the parents of Terri Schiavo, there is hope here, just as in death-penalty cases, that if a judge has any doubt at all, he will rule against death for at least the time being.

KAGAN: And if parents do lose at this level, you expect it to go to the Supreme Court?

COFFEY: It will be immediately into Atlanta for the federal appeals court, then to the U.S. Supreme Court. We know three different times this year the Supreme Court had said no. But at that time, it was essential will a matter of the state courts. Now, as we found out last night and early this morning, it's become a federal law. So there certainly is better chance than before the Supreme Court would take a serious look at the life or death of Terri Schiavo.

KAGAN: I want to look at two big picture thing of what this means to the rest of us. First what does it mean, what is the message? We talked with Gerri Willis about this, but this family would not be going through this if the family had a living will.

COFFEY: That is one of the important and hopefully enduring messages. You know, Daryn, Ironically, I realize I didn't have a living will either.

KAGAN: Kendall!

COFFEY: None of my friends do.

KAGAN: Kendall!

COFFEY: I signed one this morning.

KAGAN: Good, good job.

COFFEY: Anything like this can happen to anybody. And hopefully many millions of Americans are addressing this before it becomes too late.

KAGAN: And also, the big picture of -- that some opponents of the Schindler family have in all of this, the message it sends about government being able to tell you what kind of choices you can make for yourself. Will the Terri Schiavo case have long-lasting effects on somebody's right to die?

COFFEY: Well, it's probably being seen as an individually unique case in terms of the right-to-die controversy, so many distinctive factors. But I'll tell you where it's a major case, and that is defining the balance of power between the Congress and the courts, because as much as this is a conflict between the parents of Terri Schiavo and her husband, this is also battled out as a duel between the legislative branch, now joined by the executive, with President Bush and the courts. Who gets to make the final decision in something that involves an individual controversy, individual human rights, and an individual case which has been in our court system for years?

KAGAN: Well, and that has been an ongoing and growing battle, the concern that some people have of decisions that judges have been making across states.

Thank you for that, Kendall.

And I'm glad you got the living will done.

COFFEY: Thanks, Daryn.

KAGAN: Good work.

Well, and Kendall was talking about the Supreme Court. Let's go there. There is news there today, two different stories. The chief justice back on the bench after a much longer period, Chief Justice William Rehnquist.

Also, though, news on the Zacarias Moussaoui case.

And Kathleen Koch outside the Supreme Court with the latest on the case.

Good morning.

KATHLEEN KOCH, CNN CORRESPONDENT: Good morning, Daryn.

Well, as you know Zacarias Moussaoui is the only person up until this point charged in the United States in the 9/11 terrorist attacks, in connection with those attacks. And what the Supreme Court today was it declined to hear his appeal. Moussaoui had been challenging the federal government's right to prevent him from directly questioning in person, he and his attorneys, three incarcerated member of al Qaeda. He believed that those three suspects could indeed, that could really affect his rights to a fair trial. And the argument to the justices was that if he didn't have that access, he would not receive a fair trial. The Supreme Court declined to hear that argument, and so basically now his case goes back to the local court in Alexandria, Virginia, where we're being told that a trial then in his case could proceed as soon as September.

And of course, Daryn, as you mentioned, this is the first time now since October that Chief Justice William Rehnquist has rejoined his colleagues here on the Supreme Court to hear arguments. It was back in October that the court announced that he was seeking treatment for thyroid cancer, undergoing both chemotherapy and radiation. And of course he also had a tracheotomy at that time to ease his breathing.

Observing him in the court today really, he showed no signs of illness other than you could hear a slight hiss from the device that he's wearing, the same one he wore when he swore the president in at the Inaugural back in January, a device that does enable him to talk, despite the tube in his throat from the tracheotomy. But the justice stepped up briskly from behind the burgundy curtains at the opening of the session, conducted business in a normal voice. I wouldn't say it was a strong voice or a week voice. But those observing along with me really did believe it was business as usual for the chief justice. He participated in the questioning at least in the first half hour that I was in court, asking two or three questions, and really did appear to be very much normal.

Back to you, Daryn.

KAGAN: All right. Lots of news happening there at the Supreme Court. Kathleen Koch, thank you for that.

We're going to go to the world of sports for a controversy. She says that Barry Bonds confided in her years ago, and now she wants to reveal the details of the conversation. Still to come, the ex- girlfriend of Barry Bonds sheds light on the steroid controversy.

Plus, there is no relief at the gas pump. Why prices are expected, sorry to tell you this, to go even higher in the coming weeks. That is coming up next.

(COMMERCIAL BREAK)

(STOCK MARKET REPORT)

(COMMERCIAL BREAK)

KAGAN: The battle over Terri Schiavo is leading the board at cnn.com. Veronica De La Cruz joins us from the dotcom desk. Veronica.

VERONICA DE LA CRUZ, CNN.COM CORRESPONDENT: Hey there, Daryn, that's right. We are tracking the Terri Schiavo case at cnn.com and breaking it down for you. We have a timeline that takes you through the major events over the last 15 years, from the beginning, in 1990, when Schiavo collapsed in her home with heart failure and suffered severe brain damage, leading up to the legal wrangling that is taking place today.

Also, in our online gallery, some very emotional pictures illustrating both sides in the fight for Schiavo. We have Terri Schiavo's sister putting rosary beads on her mother, like you see right there. And also Michael Schiavo's brother Brian (ph), speaking with the media, reiterating Michael's thoughts, saying, this personal matter should not be politicized.

Now, Daryn, we've been asking our web audience to weigh in with what they think. In our quick vote, we asked who should decide Terri Schiavo's fate? Politicians, judges, her parents or her husband? As of 10:00 a.m. Eastern, more than 11,000 people have voted and 66 percent of people feel it should be left to her husband. Now we should mention, this poll is unscientific and only reflects the opinions of the Internet users who choose to participate.

You can vote by logging on to cnn.com. And we will be back in the next hour with the latest results -- Daryn.

KAGAN: All right. Thank you for that. Veronica de la Cruz.

Other news today, an ex-girlfriend of Barry Bonds reportedly says the San Francisco Giants' star used steroids. "The San Francisco Chronicle" says that Kimberly Bell made that statement to a federal grand jury last week. Last month Bonds said he wouldn't discuss his role in baseball steroid scandal. He has previously denied knowingly taking steroids. "The Chronicle" reports Bell testified Bonds told her in 2000 he had started using steroids. Bonds' attorney calls those allegations absurd.

Baseball owners and the Players Union have now agreed to change one part of the new steroids policy. The two sides have wrought the option of players being fined for steroid use. Players will now only face suspensions. Last week a congressional committee criticized baseball's steroids policy as not being tough enough. The policy, announced in January, still must be ratified by the players.

Let's take a look at other stories making news coast to coast. An investigation continues this morning into the cause of a Saturday explosion that leveled a remote lodge in Paonia, Colorado. The search for three children, who were last seen inside the building, has been called off. Officials say they are missing and presumed dead. More than a dozen other people were injured.

In Nevada, a driver who killed a family of three in a high-speed head-on collision may have been suicidal. Las Vegas police say 20- year-old Clark McBride left several suicide notes at his apartment. However, they say it's not clear if he intentionally killed himself in that wreck back on March 13th.

And in Las Vegas, TV host Pat O'Brien has checked himself into an alcohol rehab program. He issued a written statement to the Associated Press. O'Brien admits he has a drinking problem and says he has decided to take action. The 57-year-old O'Brien hosts the news magazine show "The Insider."

Right now 10:52 in the East. 7:53, as the clock changes, on West Coast. Stay with us. I'm back in a second. A quick check on your morning forecast.

(COMMERCIAL BREAK)

(WEATHER REPORT)

KAGAN: A federal judge has scheduled a hearing in the Terri Schiavo case to decide whether to order her feeding tube be reinserted. We'll have that decision for you as soon as it happens. And then you'll hear arguments from both Terri's husband and her brother, as the second hour of CNN LIVE TODAY begins right now.

We like to start the hour by taking a look at what's happening "Now in the News." The Terri Schiavo case, of course, tops our hours. The two sides in the life or death legal battle will meet in court this morning. It's going to happen about four hours from right now. A federal judge will consider a request to have Schiavo's feeding tube reinserted. We'll have the very latest straight ahead.

Chief Justice William Rehnquist is back on the bench at the Supreme Court at this hour. Rehnquist joined the court as it reconvened about an hour ago. This is his first time back on the bench since he was diagnosed with thyroid cancer last fall. A live report from a high court in just a few minutes. Meanwhile, the Supreme Court has declined to hear an appeal from terror suspect Zacarias Moussaoui. Moussaoui is the only person publicly charged in the U.S. in connection with the 9/11 attacks. He had asked the court to decide if his right to a fair trial hinged on his being able to question key al Qaeda detainees.

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com