Return to Transcripts main page
CNN Live At Daybreak
Do New Tapes of Terri Schiavo Show Anything About Her Condition?; More Border Patrol Agents and Stepped Up Surveillance
Aired March 31, 2005 - 06:00 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.
KELLY WALLACE, CNN CORRESPONDENT: Do these new tapes of Terri Schiavo really show us anything about her condition? A court used them more than two years ago to weigh in on her fate.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: I think it largely is a publicity stunt by the government. I'm sorry to say that, but I think the government is trying to pull a fast one on the public.
(END VIDEO CLIP)
WALLACE: More Border Patrol agents and stepped up surveillance -- is it the real deal or just a way to save face?
And First Lady Laura Bush has a message for the people of Afghanistan.
It is Thursday, March 31, and you are watching DAYBREAK.
Good Thursday morning to you.
From the Time Warner Center in New York, I'm Kelly Wallace in today for Carol Costello.
Here are some stories now in the news.
We are approaching day 14 without nutrition for Terri Schiavo. When doctors removed her feeding tube, they said she could survive two weeks. Her parents were turned down again late last night when the U.S. Supreme Court again refused to hear an emergency appeal. Her feeding tube was removed March 18. We head live to Florida for the latest straight ahead.
The State Department confirming an American has been abducted in Iraq. We still don't know if he is one of the men shown here with three Romanian journalists taken Monday. The kidnappers have made no demands. We'll have more in a live report coming up in just about 15 minutes.
A White House appointed commission reports today on false intelligence regarding weapons of mass destruction in Iraq. The commission is expected to question the independence of analysts who prepare the national intelligence estimates.
And look at this. I have a feeling you'll be seeing this picture a lot today. Lightning hitting the top of the Space Needle in Seattle, Washington. The state slammed with wind, rain, hail, lightning and snow.
Chad Myers in Atlanta -- Chad, we'll be seeing a lot of that today, don't you think?
CHAD MYERS, CNN METEOROLOGIST: You know, one of the fast facts about this, if you go onto spaceneedle.com or whatever, something like that, they built this space needle in 1962 for $4.5 million. Then they renovated it in 2000 for $20 million. So, man, I can't imagine what it would cost to rebuild that thing today. What a beautiful sight. Obviously the tallest thing there for a long time, west of the Mississippi, actually, and the tallest thing in Seattle. It's just striking as you drive into the city.
(WEATHER REPORT)
WALLACE: Now to our top story this morning, the Terri Schiavo case.
It is an agonizing family tragedy played out in the most public way. As Terri Schiavo lies in her Florida hospice bed, her family's legal appeals seem to finally be exhausted. It has been almost two weeks now since her feeding tube was removed.
Let's go live to our Sean Callebs outside that hospice in Pinellas Park, Florida -- Sean, good to see you.
What is the latest you can tell us from there?
SEAN CALLEBS, CNN CORRESPONDENT: Well, we have some pictures that happened, I'd say, within the last 10 minutes. Bobby Schindler, Terri's brother, who has spent the night in the building about 15 feet from where we are right now, just tried to go over to the entrance to the hospice. He said he has been trying since about 1:00 in the morning to get in and spend some time with his sister. He has been repeatedly denied. There you see the authorities stopping Bobby Schindler. He's with a couple of his religious advisers, trying to get in to see his sister.
Now, under the court agreement, the Schindler family cannot go in there while Michael Schiavo is in there. So presumably Michael Schiavo is in spending some time with Terri Schiavo. As is the case in many hospices, there's beds set up in the area where Michael Schiavo could spend the night, could sleep as he continues to spend time with Terri Schiavo, as the time continues to tick away, now coming up on 14 days since her feeding tube was removed.
And just yesterday, the U.S. Supreme Court, a matter of hours ago, said it would not weigh in on this case. It was a double setback for the day for the Schindler family. The U.S. Court of Appeals in Atlanta said it would not hear the case, as well. And basically the Schindlers' attorney says they've exhausted all legal avenues.
(BEGIN VIDEO CLIP) DAVID GIBBS, SCHINDLER FAMILY ATTORNEY: We did put it to the court and, you know, it appears that that will be the last meaningful legal appeal at this time, unless something comes up. And so continue to pray for the Schindlers, continue to pray for Terri. And, again, she is demonstrating really sort of an amazing sparkle and desire to live.
(END VIDEO CLIP)
CALLEBS: Now, yesterday an attorney for Michael Schiavo, George Felos, released nine videotapes that were taken back in 2002 that showed Terri Schiavo in what they contend is a persistent vegetative state. Now, these videotapes were actually used in the court hearings some time ago, when Michael Schiavo was making the argument that he believed that she was in a vegetative state.
The Schindler family believes she is severely brain damaged and she could be rehabilitated to a degree if she had therapy.
We also spoke with one of the religious advisers for the Schindler family. He went in to see Terri Schiavo yesterday. He said that her breathing is very rapid and her face is beginning to show some distress -- Kelly.
WALLACE: All right, Sean, we're going to check in with you again at the half hour.
Sean Callebs reporting for us from Florida.
Thanks so much.
And as we mentioned, and Sean mentioned, as well, with the latest court rulings, it would seem that Terri Schiavo's parents have exhausted all appeals. But that may have been said before.
Former U.S. Attorney Kendall Coffey joining us now live from Miami -- good morning, Kendall Coffey.
KENDALL COFFEY, CNN LEGAL ANALYST: Good morning, Kelly.
WALLACE: Thanks for being here.
COFFEY: Good morning.
WALLACE: So, you know, we had talked about this, all legal avenues exhausted.
Is there any other possible legal avenue for the Schindlers right now?
COFFEY: Nothing that we're aware of now. But as you just pointed out, on Saturday we heard similar things from some members of the Schindlers' legal team. It seemed that there was nothing else that anyone could develop. Through the weekend into Tuesday, they found a revision of existing legal arguments that two of the federal appeals court judges said represented a plausible claim of constitutional deprivation.
So, it wasn't good enough, as we know. Nine judges said it wasn't an adequate legal argument. But I've got to believe that right now there are lawyers that are looking at every book, from old U.S. Supreme Court decisions to the emergency powers of the Florida governor, to see if there is something somewhere, somehow that might give them an argument to restore life to Terri Schiavo.
WALLACE: No surprise, Kendall Coffey, really, that the U.S. Supreme Court rejected hearing this emergency appeal?
COFFEY: Not at all. This is, I think, the fifth time this year that they have closed their doors to the parents of Terri Schiavo. Their intervention in any case is very unusual, but especially here where there is nothing that applies across the country, nothing that isn't being treated and thoroughly considered by the intimidate federal appeals courts in Atlanta. I don't think it's surprising at all that the courthouse doors of the U.S. Supreme Court have been closed time and time again.
WALLACE: And what do you make of the 11th U.S. Circuit Court of Appeals, the decision, and one judge writing that Congress overstepped its authority in passing a law to force the case into federal courts? What do you make of that?
COFFEY: Well, I think it underscores the dramatic debate that is going on among members of the public, but also within members of the legal community, because we are really testing in the most dramatic way possible what are the limits of the power of Congress and what are the barriers between Congress and the judicial role in a case involving life and death as well as very intense international attention.
WALLACE: And, as you know, of course, as we move potentially from the courts, we're moving to the court of public opinion.
What do you think of the significance of Michael Schiavo, the lawyer for Michael Schiavo releasing some video that was used in court back in 2002, giving the public a longer look at Terri Schiavo's condition?
COFFEY: Well, I think you hit the nail on the head. I think he has a sense that maybe he hasn't done enough to try to win the case in the court of public opinion, even though he has obviously been winning at every turn in the courts of law. And these kind of cases are tried in both places.
WALLACE: What do you think -- and you were talking about this -- the implications here on our legal system, perhaps in terms of legislation, of this Terri Schiavo case? What do you think?
COFFEY: I don't think that Congress is going to go back into this area of law given the indications that the public has not been supporting it that much, and in particular, given the fact that the federal judges have said they are not going to intervene. I think this will remain a matter of state laws, state courts. But you could see some attempts in legislatures, not just in Florida, but across the country, to re-examine some of their laws in light of the difficult lessons of this case.
WALLACE: All right, former U.S. attorney and CNN legal analyst, Kendall Coffey.
Thanks for joining us this morning.
We will definitely be talking to you throughout the day on CNN.
COFFEY: Thanks, Kelly.
WALLACE: We appreciate it.
Well, we've been talking about it, life and death decisions and a young woman's fate. Ahead here on DAYBREAK, what we've been talking about, something you haven't heard before, Michael Schiavo talking to his wife as she lies in her hospice bed.
Then, an American kidnapped in Iraq. He may be one of the men shown here with three Romanian journalists taken earlier this week. A live update from Baghdad.
Plus, official and not so official efforts to stop Mexican immigrants from crossing the U.S. border.
But first, here's a look at what else is making news this Thursday morning.
(COMMERCIAL BREAK)
WALLACE: Still to come, an American kidnapped in Iraq. A live report from Baghdad straight ahead.
DAYBREAK will be right back.
(COMMERCIAL BREAK)
WALLACE: Your news, money, weather and sports.
It's about 13 minutes after the hour and here is what is all new this morning.
We are approaching the 14th day without food or water for Terri Schiavo. Her feeding tube was removed on March 18. Late last night, the U.S. Supreme Court refused to hear an emergency appeal by Terri Schiavo's parents.
Indonesians remain on edge after a strong aftershock hit along the same fault line as Monday's major quake. Around 600 people were killed by Monday's earthquake. Tons of food and medical supplies have been sent to the area.
In money, the sixth Harry Potter book is already set to break a record. The book's publisher says a record 10.8 million copies are being published. That's four million more than the last Harry Potter book. "Harry Potter and the Half Blood Prince" comes out July 16.
In culture, rap music mogul "Suge" Knight has been ordered to pay $107 million in damages by a Los Angeles judge. He was sued by a woman who claimed she helped found Knight's Death Row Records label.
In sports, the United States soccer team notched another victory in its bid to qualify for the 2006 World Cup. Eddie Johnson scored the first goal and set up the second, to lead the U.S. team to a 2-0 win over Guatemala.
To Chad in Atlanta -- good morning, Chad.
MYERS: Good morning, Kelly.
It just amazes me how far those guys can run all the time.
WALLACE: Incredible.
MYERS: Exactly.
(WEATHER REPORT)
WALLACE: News now about Iraq. A U.S. Marine was killed Wednesday in Iraq's Al Anbar Province. The Marine was taking part in a patrol hit by the landmine near the Syrian border. Also Wednesday, a U.S. soldier was shot to death while on patrol in Baghdad. And the State Department says an American citizen was kidnapped in Iraq.
Live now to CNN correspondent Aneesh Raman.
He joins us from Baghdad -- Aneesh, what is the latest from there?
ANEESH RAMAN, CNN CORRESPONDENT: Kelly, good morning.
No word on the status of those hostages a day after a video appeared on the Arabic language station Al Jazeera that showed the three Romanian hostages and a fourth unidentified person being held captive by armed gunmen. This a day after the U.S. State Department confirmed that an American had, in fact, also been kidnapped, along with the Romanians, on Monday. No status in terms of what the negotiations are. No word on what the demands are by the hostage takers.
There have been about 200 foreigners, Kelly, taken hostage in post-war Iraq. Nearly 50 of those have been killed.
Now, this comes on a day where we have seen dual car bombs, the first going off, a suicide car bomb, north of Baghdad near the city of Kirkuk. That as an Iraqi Army convoy was passing by. One Iraqi soldier was killed, eight others were wounded. Also, a car bomb, not a suicide car bomb, going off in the town of Samarra, north of Baghdad. That as a U.S. military convoy was passing by. No word on any military casualties. But Iraqi officials are saying two civilians were killed and 11 others were wounded, including, Kelly, some children. WALLACE: Aneesh, give us some sense of the context. You know, so much of the American discussion right now has been focused on some domestic matters, including the Terri Schiavo case. But the sentiment or the sense, it appears things somewhat or it appears somewhat quieter in terms of in Iraq, in terms of the insurgency.
Is that true?
RAMAN: Well, you are getting a sense of growing confidence in the government, in the security forces here on the ground. It's been now over a month since Hillah, that the single deadliest attack in post-war Iraq. You've seen the daily drumbeat of assassinations and of car bombs, but you haven't seen the massive sort of attacks that we saw on a continual basis just within the past recent months.
So there is a sense that perhaps the situation is coming under control. That for a number of reasons. Iraqi security forces are really maturing into their own and the U.S. military is starting to withdraw from some of the more volatile areas -- Kelly.
WALLACE: Aneesh, thanks.
Aneesh Raman reporting live for us from Baghdad.
Well, age discrimination in the workplace -- the Supreme Court hands down a ruling and it could impact you.
And today the president says he's ready to act on revelations from a weapons of mass destruction panel protecting your safety. Coming up in a live report from the White House when DAYBREAK continues.
Don't go away.
(COMMERCIAL BREAK)
WALLACE: Time now for a little "Business Buzz."
Aging workers who want to stay on the job get a boost from the U.S. Supreme Court.
Carrie Lee is here to tell us all about it.
Workers over 40?
CARRIE LEE, CNN CORRESPONDENT: That's right. It's a big decision. And this is seen as very pro-worker, Kelly, because now an employee who wants to sue their employer for age discrimination doesn't have to prove that that discrimination was intentional. Previously, these suits did require proof that an employer's policy was designed to discriminate, making them very difficult to win. This new ruling means one only needs to prove that age discrimination is the result of a policy.
However, employers can still say the policy was based on reasonable factors other than age. Now, the lawsuit that brought this ruling about was from a group of older police officers in Jackson, Mississippi. They challenged the city's decision to give proportionately more generous raises to officers with less than five years on the force, most of whom were younger. The city claimed it needed to raise salaries for junior officers to become more competitive with other police departments. And the Supreme Court did hold that defense as reasonable.
But still, this is a big decision, Kelly. It's good news for workers, particularly older workers of America.
WALLACE: And, as you know, Carrie, we've been asking viewers the question, do most workplace policies favor younger workers? We're kind of getting a split, but we have this one I want you to hear about. This from Peter from Canada. He says: "Of course they do. The bottom line has become the leading force behind today's hiring practices. More important to keep costs low than to have proven experience."
He talks about outsourcing, why companies are outsourcing. He says come on, haven't we been watching "LOU DOBBS?"
LEE: That's right. And when you see the jobs market, which hasn't been so great over the past couple of years -- it's picking up now but certainly older workers are feeling the pinch probably more than anyone.
WALLACE: All right, Carrie Lee with some "Business Buzz" this morning.
Thanks so much.
LEE: My pleasure.
WALLACE: Still to come here on DAYBREAK, Terri and Michael Schiavo -- newly released tape showing a visit between the couple just three years ago. Ahead, see how she responded to her husband's voice.
And a father whose child was allegedly killed by a sex offender is fighting to get police to track these cruel convicts better.
That's all ahead when DAYBREAK continues for this Thursday.
We'll be right back.
(COMMERCIAL BREAK)
WALLACE: Nice pictures of the nation's capital there.
We're talking about the nation's capital, in particular the White House. A White House appointed commission reports today on why U.S. intelligence was so wrong about weapons of mass destruction in Iraq. The commission is expected to recommend changes in the Justice Department, including some within the FBI.
CNN's Elaine Quijano joins us from Washington -- Elaine, good morning to you.
ELAINE QUIJANO, CNN CORRESPONDENT: Good morning to you, Kelly.
Well, the panel's report comes more than a year after President Bush announced that he'd created the WMD commission. This bipartisan group, headed by federal Judge Laurence Silberman and former Virginia Governor Chuck Robb was basically tasked with looking into the intelligence failures leading up to the Iraq war.
Now, one Bush administration official who's looked at the unclassified WMD report characterizes it as harsh, hard hitting and straightforward. Sources say it criticizes several agencies, including the CIA and the FBI, for not sharing intelligence.
Now, generally speaking, the report includes recommendations designed to enable more information sharing, more institutional changes, as well, but also to encourage dissent within the intelligence community. This, of course, coming at a time when President Bush, well, it was rather about a year ago that President Bush, at the time, was in the midst of his heated reelection bid. He was facing sharp criticism over the search for weapons of mass destruction in Iraq that yielded nothing, essentially. But the Bush administration has said that they will carefully consider all of the recommendations and act quickly on them, as well. But they also say that they believe these recommendations that are set to come out later this morning will build upon what the Bush administration is already doing -- Kelly.
WALLACE: You know, elaine, one thing that might outrage some Americans is the report apparently will find that there still is not enough intelligence sharing going on within various intelligence agencies. And this is some three and a half years after September 11.
What are White House officials saying about that?
QUIJANO: Well, that's certainly something that we understand will be in the report. Specifically, when you look at the National Counter-Terrorism Center, which essentially was supposed to help streamline the information flow, if you will, so you would have multiple agencies working together under one roof -- instead, according to sources, the report will say that sometimes you'll have people sitting next to each other, but not able to share information, people from different agencies, the so-called stove-piping effect that the 9/11 Commission criticized the intelligence community for.
The Bush administration essentially recognizing that problems do exist, but at the same time being emphatic, saying that they are taking steps to reform the intelligence community.
And one thing, Kelly, they have said in the past is that they have already moved forward on a director of national intelligence to try and streamline the intelligence gathering process. They look at that as an example of how they are moving forward on the issue.
WALLACE: Elaine, thanks so much.
Elaine Quijano joining us this morning from Washington.
And President Bush, we should tell you, will receive that report this morning.
CNN will have live coverage at 11:40 a.m. Eastern, 8:40 a.m. Pacific.
Well, he called them Minutemen. Others call them vigilantes. Chris Simcox helped organize hundreds of volunteers to patrol parts of the Mexican border. Now the government is watching. We'll talk with Simcox next on DAYBREAK.
Don't go away.
(COMMERCIAL BREAK)
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 31, 2005 - 06:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
KELLY WALLACE, CNN CORRESPONDENT: Do these new tapes of Terri Schiavo really show us anything about her condition? A court used them more than two years ago to weigh in on her fate.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: I think it largely is a publicity stunt by the government. I'm sorry to say that, but I think the government is trying to pull a fast one on the public.
(END VIDEO CLIP)
WALLACE: More Border Patrol agents and stepped up surveillance -- is it the real deal or just a way to save face?
And First Lady Laura Bush has a message for the people of Afghanistan.
It is Thursday, March 31, and you are watching DAYBREAK.
Good Thursday morning to you.
From the Time Warner Center in New York, I'm Kelly Wallace in today for Carol Costello.
Here are some stories now in the news.
We are approaching day 14 without nutrition for Terri Schiavo. When doctors removed her feeding tube, they said she could survive two weeks. Her parents were turned down again late last night when the U.S. Supreme Court again refused to hear an emergency appeal. Her feeding tube was removed March 18. We head live to Florida for the latest straight ahead.
The State Department confirming an American has been abducted in Iraq. We still don't know if he is one of the men shown here with three Romanian journalists taken Monday. The kidnappers have made no demands. We'll have more in a live report coming up in just about 15 minutes.
A White House appointed commission reports today on false intelligence regarding weapons of mass destruction in Iraq. The commission is expected to question the independence of analysts who prepare the national intelligence estimates.
And look at this. I have a feeling you'll be seeing this picture a lot today. Lightning hitting the top of the Space Needle in Seattle, Washington. The state slammed with wind, rain, hail, lightning and snow.
Chad Myers in Atlanta -- Chad, we'll be seeing a lot of that today, don't you think?
CHAD MYERS, CNN METEOROLOGIST: You know, one of the fast facts about this, if you go onto spaceneedle.com or whatever, something like that, they built this space needle in 1962 for $4.5 million. Then they renovated it in 2000 for $20 million. So, man, I can't imagine what it would cost to rebuild that thing today. What a beautiful sight. Obviously the tallest thing there for a long time, west of the Mississippi, actually, and the tallest thing in Seattle. It's just striking as you drive into the city.
(WEATHER REPORT)
WALLACE: Now to our top story this morning, the Terri Schiavo case.
It is an agonizing family tragedy played out in the most public way. As Terri Schiavo lies in her Florida hospice bed, her family's legal appeals seem to finally be exhausted. It has been almost two weeks now since her feeding tube was removed.
Let's go live to our Sean Callebs outside that hospice in Pinellas Park, Florida -- Sean, good to see you.
What is the latest you can tell us from there?
SEAN CALLEBS, CNN CORRESPONDENT: Well, we have some pictures that happened, I'd say, within the last 10 minutes. Bobby Schindler, Terri's brother, who has spent the night in the building about 15 feet from where we are right now, just tried to go over to the entrance to the hospice. He said he has been trying since about 1:00 in the morning to get in and spend some time with his sister. He has been repeatedly denied. There you see the authorities stopping Bobby Schindler. He's with a couple of his religious advisers, trying to get in to see his sister.
Now, under the court agreement, the Schindler family cannot go in there while Michael Schiavo is in there. So presumably Michael Schiavo is in spending some time with Terri Schiavo. As is the case in many hospices, there's beds set up in the area where Michael Schiavo could spend the night, could sleep as he continues to spend time with Terri Schiavo, as the time continues to tick away, now coming up on 14 days since her feeding tube was removed.
And just yesterday, the U.S. Supreme Court, a matter of hours ago, said it would not weigh in on this case. It was a double setback for the day for the Schindler family. The U.S. Court of Appeals in Atlanta said it would not hear the case, as well. And basically the Schindlers' attorney says they've exhausted all legal avenues.
(BEGIN VIDEO CLIP) DAVID GIBBS, SCHINDLER FAMILY ATTORNEY: We did put it to the court and, you know, it appears that that will be the last meaningful legal appeal at this time, unless something comes up. And so continue to pray for the Schindlers, continue to pray for Terri. And, again, she is demonstrating really sort of an amazing sparkle and desire to live.
(END VIDEO CLIP)
CALLEBS: Now, yesterday an attorney for Michael Schiavo, George Felos, released nine videotapes that were taken back in 2002 that showed Terri Schiavo in what they contend is a persistent vegetative state. Now, these videotapes were actually used in the court hearings some time ago, when Michael Schiavo was making the argument that he believed that she was in a vegetative state.
The Schindler family believes she is severely brain damaged and she could be rehabilitated to a degree if she had therapy.
We also spoke with one of the religious advisers for the Schindler family. He went in to see Terri Schiavo yesterday. He said that her breathing is very rapid and her face is beginning to show some distress -- Kelly.
WALLACE: All right, Sean, we're going to check in with you again at the half hour.
Sean Callebs reporting for us from Florida.
Thanks so much.
And as we mentioned, and Sean mentioned, as well, with the latest court rulings, it would seem that Terri Schiavo's parents have exhausted all appeals. But that may have been said before.
Former U.S. Attorney Kendall Coffey joining us now live from Miami -- good morning, Kendall Coffey.
KENDALL COFFEY, CNN LEGAL ANALYST: Good morning, Kelly.
WALLACE: Thanks for being here.
COFFEY: Good morning.
WALLACE: So, you know, we had talked about this, all legal avenues exhausted.
Is there any other possible legal avenue for the Schindlers right now?
COFFEY: Nothing that we're aware of now. But as you just pointed out, on Saturday we heard similar things from some members of the Schindlers' legal team. It seemed that there was nothing else that anyone could develop. Through the weekend into Tuesday, they found a revision of existing legal arguments that two of the federal appeals court judges said represented a plausible claim of constitutional deprivation.
So, it wasn't good enough, as we know. Nine judges said it wasn't an adequate legal argument. But I've got to believe that right now there are lawyers that are looking at every book, from old U.S. Supreme Court decisions to the emergency powers of the Florida governor, to see if there is something somewhere, somehow that might give them an argument to restore life to Terri Schiavo.
WALLACE: No surprise, Kendall Coffey, really, that the U.S. Supreme Court rejected hearing this emergency appeal?
COFFEY: Not at all. This is, I think, the fifth time this year that they have closed their doors to the parents of Terri Schiavo. Their intervention in any case is very unusual, but especially here where there is nothing that applies across the country, nothing that isn't being treated and thoroughly considered by the intimidate federal appeals courts in Atlanta. I don't think it's surprising at all that the courthouse doors of the U.S. Supreme Court have been closed time and time again.
WALLACE: And what do you make of the 11th U.S. Circuit Court of Appeals, the decision, and one judge writing that Congress overstepped its authority in passing a law to force the case into federal courts? What do you make of that?
COFFEY: Well, I think it underscores the dramatic debate that is going on among members of the public, but also within members of the legal community, because we are really testing in the most dramatic way possible what are the limits of the power of Congress and what are the barriers between Congress and the judicial role in a case involving life and death as well as very intense international attention.
WALLACE: And, as you know, of course, as we move potentially from the courts, we're moving to the court of public opinion.
What do you think of the significance of Michael Schiavo, the lawyer for Michael Schiavo releasing some video that was used in court back in 2002, giving the public a longer look at Terri Schiavo's condition?
COFFEY: Well, I think you hit the nail on the head. I think he has a sense that maybe he hasn't done enough to try to win the case in the court of public opinion, even though he has obviously been winning at every turn in the courts of law. And these kind of cases are tried in both places.
WALLACE: What do you think -- and you were talking about this -- the implications here on our legal system, perhaps in terms of legislation, of this Terri Schiavo case? What do you think?
COFFEY: I don't think that Congress is going to go back into this area of law given the indications that the public has not been supporting it that much, and in particular, given the fact that the federal judges have said they are not going to intervene. I think this will remain a matter of state laws, state courts. But you could see some attempts in legislatures, not just in Florida, but across the country, to re-examine some of their laws in light of the difficult lessons of this case.
WALLACE: All right, former U.S. attorney and CNN legal analyst, Kendall Coffey.
Thanks for joining us this morning.
We will definitely be talking to you throughout the day on CNN.
COFFEY: Thanks, Kelly.
WALLACE: We appreciate it.
Well, we've been talking about it, life and death decisions and a young woman's fate. Ahead here on DAYBREAK, what we've been talking about, something you haven't heard before, Michael Schiavo talking to his wife as she lies in her hospice bed.
Then, an American kidnapped in Iraq. He may be one of the men shown here with three Romanian journalists taken earlier this week. A live update from Baghdad.
Plus, official and not so official efforts to stop Mexican immigrants from crossing the U.S. border.
But first, here's a look at what else is making news this Thursday morning.
(COMMERCIAL BREAK)
WALLACE: Still to come, an American kidnapped in Iraq. A live report from Baghdad straight ahead.
DAYBREAK will be right back.
(COMMERCIAL BREAK)
WALLACE: Your news, money, weather and sports.
It's about 13 minutes after the hour and here is what is all new this morning.
We are approaching the 14th day without food or water for Terri Schiavo. Her feeding tube was removed on March 18. Late last night, the U.S. Supreme Court refused to hear an emergency appeal by Terri Schiavo's parents.
Indonesians remain on edge after a strong aftershock hit along the same fault line as Monday's major quake. Around 600 people were killed by Monday's earthquake. Tons of food and medical supplies have been sent to the area.
In money, the sixth Harry Potter book is already set to break a record. The book's publisher says a record 10.8 million copies are being published. That's four million more than the last Harry Potter book. "Harry Potter and the Half Blood Prince" comes out July 16.
In culture, rap music mogul "Suge" Knight has been ordered to pay $107 million in damages by a Los Angeles judge. He was sued by a woman who claimed she helped found Knight's Death Row Records label.
In sports, the United States soccer team notched another victory in its bid to qualify for the 2006 World Cup. Eddie Johnson scored the first goal and set up the second, to lead the U.S. team to a 2-0 win over Guatemala.
To Chad in Atlanta -- good morning, Chad.
MYERS: Good morning, Kelly.
It just amazes me how far those guys can run all the time.
WALLACE: Incredible.
MYERS: Exactly.
(WEATHER REPORT)
WALLACE: News now about Iraq. A U.S. Marine was killed Wednesday in Iraq's Al Anbar Province. The Marine was taking part in a patrol hit by the landmine near the Syrian border. Also Wednesday, a U.S. soldier was shot to death while on patrol in Baghdad. And the State Department says an American citizen was kidnapped in Iraq.
Live now to CNN correspondent Aneesh Raman.
He joins us from Baghdad -- Aneesh, what is the latest from there?
ANEESH RAMAN, CNN CORRESPONDENT: Kelly, good morning.
No word on the status of those hostages a day after a video appeared on the Arabic language station Al Jazeera that showed the three Romanian hostages and a fourth unidentified person being held captive by armed gunmen. This a day after the U.S. State Department confirmed that an American had, in fact, also been kidnapped, along with the Romanians, on Monday. No status in terms of what the negotiations are. No word on what the demands are by the hostage takers.
There have been about 200 foreigners, Kelly, taken hostage in post-war Iraq. Nearly 50 of those have been killed.
Now, this comes on a day where we have seen dual car bombs, the first going off, a suicide car bomb, north of Baghdad near the city of Kirkuk. That as an Iraqi Army convoy was passing by. One Iraqi soldier was killed, eight others were wounded. Also, a car bomb, not a suicide car bomb, going off in the town of Samarra, north of Baghdad. That as a U.S. military convoy was passing by. No word on any military casualties. But Iraqi officials are saying two civilians were killed and 11 others were wounded, including, Kelly, some children. WALLACE: Aneesh, give us some sense of the context. You know, so much of the American discussion right now has been focused on some domestic matters, including the Terri Schiavo case. But the sentiment or the sense, it appears things somewhat or it appears somewhat quieter in terms of in Iraq, in terms of the insurgency.
Is that true?
RAMAN: Well, you are getting a sense of growing confidence in the government, in the security forces here on the ground. It's been now over a month since Hillah, that the single deadliest attack in post-war Iraq. You've seen the daily drumbeat of assassinations and of car bombs, but you haven't seen the massive sort of attacks that we saw on a continual basis just within the past recent months.
So there is a sense that perhaps the situation is coming under control. That for a number of reasons. Iraqi security forces are really maturing into their own and the U.S. military is starting to withdraw from some of the more volatile areas -- Kelly.
WALLACE: Aneesh, thanks.
Aneesh Raman reporting live for us from Baghdad.
Well, age discrimination in the workplace -- the Supreme Court hands down a ruling and it could impact you.
And today the president says he's ready to act on revelations from a weapons of mass destruction panel protecting your safety. Coming up in a live report from the White House when DAYBREAK continues.
Don't go away.
(COMMERCIAL BREAK)
WALLACE: Time now for a little "Business Buzz."
Aging workers who want to stay on the job get a boost from the U.S. Supreme Court.
Carrie Lee is here to tell us all about it.
Workers over 40?
CARRIE LEE, CNN CORRESPONDENT: That's right. It's a big decision. And this is seen as very pro-worker, Kelly, because now an employee who wants to sue their employer for age discrimination doesn't have to prove that that discrimination was intentional. Previously, these suits did require proof that an employer's policy was designed to discriminate, making them very difficult to win. This new ruling means one only needs to prove that age discrimination is the result of a policy.
However, employers can still say the policy was based on reasonable factors other than age. Now, the lawsuit that brought this ruling about was from a group of older police officers in Jackson, Mississippi. They challenged the city's decision to give proportionately more generous raises to officers with less than five years on the force, most of whom were younger. The city claimed it needed to raise salaries for junior officers to become more competitive with other police departments. And the Supreme Court did hold that defense as reasonable.
But still, this is a big decision, Kelly. It's good news for workers, particularly older workers of America.
WALLACE: And, as you know, Carrie, we've been asking viewers the question, do most workplace policies favor younger workers? We're kind of getting a split, but we have this one I want you to hear about. This from Peter from Canada. He says: "Of course they do. The bottom line has become the leading force behind today's hiring practices. More important to keep costs low than to have proven experience."
He talks about outsourcing, why companies are outsourcing. He says come on, haven't we been watching "LOU DOBBS?"
LEE: That's right. And when you see the jobs market, which hasn't been so great over the past couple of years -- it's picking up now but certainly older workers are feeling the pinch probably more than anyone.
WALLACE: All right, Carrie Lee with some "Business Buzz" this morning.
Thanks so much.
LEE: My pleasure.
WALLACE: Still to come here on DAYBREAK, Terri and Michael Schiavo -- newly released tape showing a visit between the couple just three years ago. Ahead, see how she responded to her husband's voice.
And a father whose child was allegedly killed by a sex offender is fighting to get police to track these cruel convicts better.
That's all ahead when DAYBREAK continues for this Thursday.
We'll be right back.
(COMMERCIAL BREAK)
WALLACE: Nice pictures of the nation's capital there.
We're talking about the nation's capital, in particular the White House. A White House appointed commission reports today on why U.S. intelligence was so wrong about weapons of mass destruction in Iraq. The commission is expected to recommend changes in the Justice Department, including some within the FBI.
CNN's Elaine Quijano joins us from Washington -- Elaine, good morning to you.
ELAINE QUIJANO, CNN CORRESPONDENT: Good morning to you, Kelly.
Well, the panel's report comes more than a year after President Bush announced that he'd created the WMD commission. This bipartisan group, headed by federal Judge Laurence Silberman and former Virginia Governor Chuck Robb was basically tasked with looking into the intelligence failures leading up to the Iraq war.
Now, one Bush administration official who's looked at the unclassified WMD report characterizes it as harsh, hard hitting and straightforward. Sources say it criticizes several agencies, including the CIA and the FBI, for not sharing intelligence.
Now, generally speaking, the report includes recommendations designed to enable more information sharing, more institutional changes, as well, but also to encourage dissent within the intelligence community. This, of course, coming at a time when President Bush, well, it was rather about a year ago that President Bush, at the time, was in the midst of his heated reelection bid. He was facing sharp criticism over the search for weapons of mass destruction in Iraq that yielded nothing, essentially. But the Bush administration has said that they will carefully consider all of the recommendations and act quickly on them, as well. But they also say that they believe these recommendations that are set to come out later this morning will build upon what the Bush administration is already doing -- Kelly.
WALLACE: You know, elaine, one thing that might outrage some Americans is the report apparently will find that there still is not enough intelligence sharing going on within various intelligence agencies. And this is some three and a half years after September 11.
What are White House officials saying about that?
QUIJANO: Well, that's certainly something that we understand will be in the report. Specifically, when you look at the National Counter-Terrorism Center, which essentially was supposed to help streamline the information flow, if you will, so you would have multiple agencies working together under one roof -- instead, according to sources, the report will say that sometimes you'll have people sitting next to each other, but not able to share information, people from different agencies, the so-called stove-piping effect that the 9/11 Commission criticized the intelligence community for.
The Bush administration essentially recognizing that problems do exist, but at the same time being emphatic, saying that they are taking steps to reform the intelligence community.
And one thing, Kelly, they have said in the past is that they have already moved forward on a director of national intelligence to try and streamline the intelligence gathering process. They look at that as an example of how they are moving forward on the issue.
WALLACE: Elaine, thanks so much.
Elaine Quijano joining us this morning from Washington.
And President Bush, we should tell you, will receive that report this morning.
CNN will have live coverage at 11:40 a.m. Eastern, 8:40 a.m. Pacific.
Well, he called them Minutemen. Others call them vigilantes. Chris Simcox helped organize hundreds of volunteers to patrol parts of the Mexican border. Now the government is watching. We'll talk with Simcox next on DAYBREAK.
Don't go away.
(COMMERCIAL BREAK)
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com
