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American Morning

Supreme Court Speculation; Iraqi Assanination; Border Battles

Aired July 19, 2005 - 09:30   ET

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

MILES O'BRIEN: About half-past the hour on this AMERICAN MORNING. Good morning to you. I'm Miles O'Brien.
CAROL COSTELLO, CNN ANCHOR: And I'm Carol Costello in for Soledad.

Coming up, we're going to check the most likely names on President Bush's Supreme Court short-list.

Now, anyone of those names could spark a controversy from the right or the left. I think that's safe to say. Jeff Toobin joins us in a moment to look at the candidates. Right now, let's get another check on the headlines with Betty Nguyen -- Betty.

BETTY NGUYEN, CNN CORRESPONDENT: Good morning. "Now in the News."

The case of a so-called enemy combatant, Jose Padilla, is going before a federal appeals court at this hour. Padilla has been publicly accused with plotting to detonate a dirty bomb in the U.S. Now, he has been held without charges since May of 2002. The Justice Department is appealing a February ruling, which found that Padilla had to be either charged or released.

British Prime Minister Tony Blair has met with leaders from the Muslim community as part of his response to the London terror attacks. More than two dozen representatives were on hand for those talks, discussing ways to tackle home-grown Islamic extremism and possible backlash against British Muslims. Meanwhile, Scotland Yard has extended the detention of a terror suspect arrested last week. The 29-year-old man can now be held until Saturday.

Firefighters in Arizona are working to control more than 100 wildfires. One blaze east of the San Pedro River grew to at least 550 acres. Now, cars and buildings were destroyed, including a couple of homes. About 100 people were evacuated.

And Hurricane Emily is growing more organized, but could just miss the U.S. People in South Padre Island, Texas, have been boarding up ahead of its projected path, but forecasters now say the actual hurricane could bend at the last minute. Now that means the region could escape the wrath of the Category 1 hurricane.

But that was not the story in Mexico's Yucatan Peninsula. Emily's strong winds left behind flooding and downed trees. And they are still assessing the damage there.

(WEATHER REPORT)

O'BRIEN: The buzz at the White House this morning is that President Bush could reveal his nominee for the Supreme Court as early as today. It could be a long day for us here at CNN, and in Washington.

CNN's senior analyst Jeff Toobin is here with perhaps the first of many live appearances on our network to talk about your short list. Let's go through the -- you know, of course, Alberto Gonzales immediately comes to mind because his name has been in play so much. Start there.

JEFFREY TOOBIN, CNN SR. LEGAL ANALYST: And he's the attorney general, been very close to President Bush for a long time. Really, the biggest development of the last few weeks since Justice O'Connor announced her resignation is the ferocious, conservative attack on Alberto Gonzales. He's been treated as if he's some sort of liberal in the conservative world. No one really knows whether that's true, but he certainly has been under the gun from the conservative movement.

O'BRIEN: Extraordinary criticism of him, and you know, preemptive criticism, you know?

TOOBIN: Based on his record in the Texas Supreme Court, that he wouldn't overrule Roe v. Wade, that he would support affirmative action. And those are the issues that, you know, the conservative movement cares the most about.

O'BRIEN: A little bit of tea leaf reading, there, too. It's interesting, yes.

TOOBIN: And you don't know. Absolutely.

O'BRIEN: All right, gender, of course, an issue here. And has become, actually, as time has gone on, that's sort of built up some momentum.

TOOBIN: It does seem to have become more of an issue than, frankly, I thought it would be. And that has lead to the emergence of what is sometimes known as the two Ediths on the Fifth Circuit. Edith Brown Clement and Edith Jones. In fact, they are very different. Edith Clement is very much an unknown quantity. It's frankly surprising to me she's on this list. She's only been an appeals court judge since 2001. She was a trial court judge for several years, but not a -- not someone with a very well-known record, conservative liberal or anything. But she is certainly among those being considered.

O'BRIEN: And a very young person would be on the court, for quite some time. Edith Jones?

TOOBIN: Edith Jones was the finalist. Was interviewed by the first President Bush for the seat that went to David Souter in 1991. Very conservative, outspoken opponent of Roe v. Wade, outspoken supporter of the death penalty. Might have trouble getting confirmed. O'BRIEN: And same age, contemporary. All right, let's talk -- let's get back into some of the male candidates. Judge Michael Luttig, tell me about him?

TOOBIN: Michael Luttig was in the Justice Department under President Reagan. Very close to Clarence Thomas. One of the most conservative judges on the federal bench. Extremely intelligent. Very much a possibility for a long time.

Similarly, John Roberts, also a Justice Department official in the Reagan administration, wrote a brief opposing Roe v. Wade. Very new on the court, only got to the court in the last couple of years. Doesn't have much of a record as a judge. Very accomplished oral advocate in front of the court.

O'BRIEN: All right, and finally, number six on your list is Judge Michael McConnell. Tell me about him.

TOOBIN: Michael McConnell, law professor at Chicago and Utah, recently appointed to the Tenth Circuit. Very conservative, but somewhat unpredictable. Outspoken opponent of Roe v. Wade, also criticized the majority in Bush v. Gore, which is not something conservatives like to do. Was supported for the appeals court by a lot of liberal law professors who know him. Probably wouldn't be supported by them for the Supreme Court.

O'BRIEN: All right. We'll talk about process some other time, but it will be interesting to see how it unfolds. You feel very confident that the pick is on that list, right?

TOOBIN: No. In a word. You know... I'm somewhat confident.

O'BRIEN: Appreciate your candor there. All right. Jeff Toobin, thanks for dropping by -- Carol.

COSTELLO: One of the framers of Iraq's constitution has apparently been assassinated this morning. At the same time, a report just released shows a staggering number of Iraqi civilians have been killed or injured during the Iraq war and the insurgency.

Aneesh Raman, live in Baghdad this morning. Aneesh, what do you know about the assassination?

ANEESH RAMAN, CNN CORRESPONDENT: Well, Carol, it happened about an hour ago. Police say a Mijbil Issa, a Sunni member of Iraq's constitutional committee, was gunned down, killed, along with two of his associates here in Baghdad. Issa was one of 15 Sunni members added on to this committee just last month, part of an effort by this government to outreach to the Sunni community. But now it seems a message from the insurgents to those Sunnis who are taking part in this political process. It comes, Carol, on the same day that Iraq's president, Jalal Talabani, said the constitution could be written as early as August 1st, two weeks ahead of schedule -- Carol.

COSTELLO: There's also a report out today. It shows the numbers of civilian casualties in Iraq. What does it say? RAMAN: Yes, carol. The group is called Iraq Body Count. They're based out of London. They've calculated the number of Iraqi civilian casualties from the start of war until March of this year. Their total number of Iraqis killed, a staggering amount. Nearly 25,000 in that two-year period.

They also go forward to break it down by region. Close to 50 percent, Carol, of that total number, around 11,000, killed here in Baghdad itself. And then west and south, you have the other cities that we're also seeing high mortality rates. All of this underscoring that civilians, Carol, are bearing the brunt of the casualties in Iraq -- Carol.

COSTELLO: Aneesh Raman, live in Baghdad this morning.

O'BRIEN: There is a battle being waged along the border between Mexico and California. Immigrant rights activists squaring off against a small self-appointed group of border watchers.

Correspondent Casey Wian with the story.

(BEGIN VIDEOTAPE)

CASEY WIAN, CNN CORRESPONDENT (voice-over): About two dozen volunteers from the California Minuteman Project began patrolling a 25-mile stretch of the border east of San Diego this weekend. It's an effort to sustain the momentum created by Arizona's Minuteman Project earlier this year. Though there are fewer illegal aliens crossing the border here, it's a popular route for violent drug smugglers.

MIKE LEFEVE, CALIFORNIA MINUTEMAN: We want to get support for these Border Patrol agents. They're understaffed, they're overworked, and they're doing an unbelievable job out here.

UNIDENTIFIED GROUP: Racists go home! Racists go home!

WIAN: Outnumbering the minutemen, a group of aggressive protesters who tried to drive the civilian volunteers away. They included anarchists, communists and advocates of returning the southwest to Mexico.

UNIDENTIFIED MALE: It was stolen by the United States government and we're going to take it back. We're going to smash the border.

WIAN: This local rancher had to be rescued by sheriff's deputies after protesters surrounded his motorcycle. One minuteman did leave his post, but most others stood their ground. This state senator was also harassed by the mob while touring the minuteman outposts.

BILL MORROW, CALIFORNIA STATE Senate: I would respectfully disagree with my president's characterization using the word "vigilante." It's not taking the law into your own hands when you're simply being a good citizen and reporting what is a crime.

WIAN: This California minuteman traveled a thousand miles from Colorado. JIM HAAS, CALIFORNIA MINUTEMAN: We want to get President Bush and Congress to do their job.

WIAN: James Chase organized this group of minutemen. Only a few of his Arizona counterparts carried weapons. Most of these minutemen are armed.

JAMES CHASE, FOUNDER, CALIFORNIA MINUTEMEN: We're not going to fire first on anyone. But we do reserve the right to stay alive. And that's not all those guns are there for.

WIAN: Chase says federal agents have told him Mexican drug dealers have put a $15,000 bounty on the heads of minutemen.

SEAN ISHAM, U.S. BORDER PATROL: I've heard those reports in the past. This area is very dangerous. There's a lot of narcotics smuggling that does go on here, as well as human trafficking.

The smugglers are ruthless out there. They will do anything to get their cargo through.

(on camera): The California Minutemen say they've had several dozen volunteers watching the border, mostly at night, since Saturday. The border patrol says there've been no apprehensions of illegal aliens as a result of the volunteers so far.

Casey Wian, CNN, Campo, California.

(END VIDEOTAPE)

O'BRIEN: Now, that California group is a spinoff of the original minuteman project. It drew headlines, of course, in April when hundreds of groups members patrolled Arizona's border with Mexico.

COSTELLO: Still to come, we're "Minding Your Business," too. They have found a way to get you to watch more commercials. TiVo, I should say, has found a way to get you to watch more commercials.

O'BRIEN: I though the idea was to avoid them. Anyway.

COSTELLO: Yes, we'll have details ahead.

O'BRIEN: And then meet the real women in Dove's daring new ad campaign. Can they change the way American women view themselves. Controversial piece of ads I'd say, wouldn't you say?

COSTELLO: Interesting words selection.

O'BRIEN: Yes. AMERICAN MORNING continues in a moment.

(COMMERCIAL BREAK)

COSTELLO: Real women have real curves. That's the message that Dove is sending with a new ad campaign for its firming cream. The company selected six regular women with regular figures for its marketing campaign. The ads, which were not touched up or airbrushed, now appear in magazines and billboards across the country.

Joining me now from Chicago, two of the Dove models, Lindsey Stokes and Gina Crissante.

Welcome, Lindsey and Gina.

UNIDENTIFIED FEMALE: Hi.

COSTELLO: Lindsey, let's start with you. This was a big casting call. Why did you decide to take part?

LINDSEY STOKES, POSED FOR "REAL WOMEN" AD: Basically, I mean, it's -- honestly, it's just a positive message. It's telling girls, you know, to stand firm and enjoy their curves, or celebrate their curves, and you know, they had let us know, they informed us it's going to be in our underwear, and there's a big controversy. Honestly, we felt that it was really nothing to be ashamed of. I mean, why not just do it, and be real and honest about it, celebrating our real beauty? I felt great about doing it.

COSTELLO: Well, Gina, you got paid very little for doing this, right?

GINA CRISANTI, POSED FOR "REAL WOMEN" AD: We were compensated for time and travel, but really we were participating in this campaign, because we believe in the message. We believe that, you know, beauty comes in all shapes and sizes, so I'm happy to help Dove launch their new line of firming products since they're using it as a means to a really positive end.

COSTELLO: So what's it like, though, walking down the street and seeing yourself in your underwear on a huge, giant billboard?

STOKES: Go ahead, Gina.

CRISANTI: It's unbelievable. It's really inspiring. I grew up not being happy with my curves at all. I know from personal experience that body image is linked to self-esteem. So for me to now see myself celebrating those curves on billboards and in magazines, it really means a lot to me.

STOKES: And you know, I was just talking to Gina earlier about this, I grew up with girls, you know, seeing Naomi Campbell and Cindy Crawford, I mean, these are the girls we grew up with, these models, and it's almost like they're unattainable, you know, and to even be put in that category, as, you know, playing model, I guess you could say it's just so wonderful, and it's so -- it's like a dream almost, and a great opportunity.

COSTELLO: Go ahead.

CRISANTI: I was gonig to say it's a great opportunity to encourage young girls to grow up feeling good about themselves, and that's another really important part of this campaign. And actually by...

COSTELLO: We do hope it sends a positive message.

CRISANTI: Right.

COSTELLO: Lindsey and Gina, thank you.

I want to talk more about this with Kate Betts. She's editor-in- chief of "Time Style & Design," a supplement to "Time" magazine.

Welcome.

KATE BETTS, "TIME STYLE & DESIGN": Welcome.

COSTELLO: And I wanted to get your perspective, too. They seem very proud of what they did. The thing that bothers me about these ads, the women are in their underwear, and I just don't see the point of that.

BETTS: Well, I think the point of that is to show their curves off. And I think the point...

COSTELLO: A bathing suit, perhaps?

BETTS: Well, it could have been a bathing suit. I mean, I think the point was to give them sort of, you know -- to expose their curves and to make it look sexy and somewhat natural. I mean, I guess a bathing suit would give a different message, in a way.

COSTELLO: I guess so. The only thing, too, is they're advertising a firming cream. So if you need a firming cream, are you really all that happy about your curves?

BETTS: Well, I don't know. I mean, the thing that struck me about these ads is it's hard to tell what the ad is for when you first see it, because, you know, they're there in their underwear, and it could be an underwear ad. But I also think that -- I agree with them when they talk about the positive message. I think that's really, really important, and I think that nowadays especially, we're so train to want to look like, you know, a 16-year-old, basically.

COSTELLO: A 16-year-old boy.

BETTS: Yes, exactly. And so I think it does send a really great message. I think that it's going to take a while for people to be untrained that way in advertising. So hopefully this will be the beginning of a trend.

COSTELLO: You know what women say to me? And i've talked to a lot women about this, because I thought it was only me. It's the type of underwear they chose to put on these women. It's strange. It doesn't really look like underwear that most women wear.

BETTS: Right, it's neither sexy nor underwear-ish. Yes, that's true. You think they're going to go to the extreme of putting them in their underwear, make it look really sexy.

COSTELLO: Or attractive. And it's not the most attractive thing to be wearing. And if you have a regular body, certainly you can wear attractive clothes?

BETTS: Right. Well, I mean, they were probably going for a uniform look.

COSTELLO: A uniform look.

In the end, will this really work? Because aren't women buying the ideal when they buy beauty products?

BETTS: Well, that's the problem. I mean, that is the thing with advertising, is you do want an ideal image. You want something inspirational, and even though I think these girls look really great, I mean they are in great shape. It's not like they're flabby or anything. I think that it's -- we're so trained to want to look like a certain ideal, and it's going to take time for us to see a billboard like that or an ad like that in a magazine and say, oh, wow, I want to look like that. That's our instant response to advertising. And so to sort of like rethink that is going to take a little while.

COSTELLO: Well, we'll see what the sales figures are for dove in the future.

BETTS: Exactly.

COSTELLO: Thank you very much. Kate Betts joining us on AMERICAN MORNING. Thank you -- Miles.

BETTS: Thanks.

O'BRIEN: Well, they're certainly getting a lot of mileage out of it, aren't they?

All right, Daryn Kagan, what do you think of the ads? Do you like them?

DARYN KAGAN, CNN ANCHOR: I think it's great. Any time you expand the idea of what our woman's bodies should look like. You know, it reminds me, we're having Serena Williams and her sister, Venus Williams, on later this morning. These are two women who are redefining what women's bodies can look like.

We're also, Miles, following several stories this morning, including a possible announcement from the White House on who they want to take the empty seat on the Supreme Court. We will be watching that very closely for news.

The Reverend Al Sharpton is trying to cool a heated situation in Los Angeles. I'll be speaking with him about his efforts to help heal the community where an L.A. police officer mistakenly shot and killed a little girl.

And possible cause for concern for kids taking certain asthma medications. The FDA is issuing stronger warnings. You're going to hear advice from a medical expert. All that and a lot more, just ahead on "CNN LIVE TODAY."

Back to you.

O'BRIEN: Thank you very much, Daryn. We'll be watching.

Coming up, we're "Minding Your Business." Find out what TiVo is doing to keep folks from f skipping past the TV commercials. That's ahead on AMERICAN MORNING.

(COMMERCIAL BREAK)

O'BRIEN: Well, I use TiVo and I must confess, I don't watch the commercials. OK? All right, there, I've admitted it. TiVo wants me to stop doing that. They want me to watch the commercials. Gerri Willis here for Andy Serwer to explain why they're going to change that.

But first, let's talk markets. I assume everybody's going to looking at Hewlett-Packard this morning and the ripple effect there?

GERRI WILLIS, CNN FINANCIAL CORRESPONDENT: That's right. Well, surprise, surprise. In the markets today, Hewlett is actually trading down, as you know. The market itself is up 58 points. You were asking about Hewlett-Packard. It was down a little bit here, and interesting, because normally what's good news for Wall Street is bad news for regular people, and you've got a little different thing going on today. But it had been much higher on Monday.

IBM driving the market this morning. They have fabulous earnings. Really good story there. And it's earning season. The stocks are all going to move on these earnings reports.

O'BRIEN: So the H.P. story is more focused on H.P., not so much a sector story, necessarily?

WILLIS: Well, the H.P. story, I think it's over. I think people got word of it. We're talking about it yesterday. There was an analyst report suggesting this might happen. The stock went up to the highest level since January of '04. So it's had its run. It's IBM's turn.

O'BRIEN: It's baked in already, as they say.

WILLIS: That's right.

O'BRIEN: All right, let's talk about TiVo.

WILLIS: Well here's bad consumer news. TiVo, you relied on them to get the commercials out of your TV, right? Well, guess what? They're not making enough money, or I don't think they've had any earnings at all for some time. So they are actually going to put ads into your set. And here's how they're going to do it. What you can do with TiVo is download the programs you want. It's essentially a digital video recording technology. And they are going to put I.D. tags on advertisements, so that as you fast-forward through that program, you're going to be prompted to see the ads from those companies, primarily G.M. and the W.B. network, which is affiliated with our company. O'BRIEN: So I was going to say, don't you want to slow it down and watch this? Or will it slow it down?

WILLIS: Well, you can click a button, and you can see the whole ad, if you want to see a long ad. So...

O'BRIEN: I see.

WILLIS: How many people are going to do that?

O'BRIEN: Oh, I will, I will! Stop and listen. It will be interesting to see. Well, give them credit for trying, I guess. This is a problem for TiVo.

WILLIS: Got to get earnings somewhere.

O'BRIEN: All right, Gerri. Thank you very much -- Carol.

COSTELLO: Tomorrow on AMERICAN MORNING, Europe on alert. After the London bombings, what's the first -- what's the rest of Europe doing to protect itself against terrorism? What does that mean for Americans tourists traveling to the region? We'll take a look tomorrow morning at 7:00 Eastern. We're back in a minute.

(COMMERCIAL BREAK)

O'BRIEN: That's all the time we have here for AMERICAN MORNING. Stay with CNN all day, because this is going to be an important day. We think it is very likely we're going to get a Supreme Court nominee today. Lots to talk about on that front, and we will keep you posted.

COSTELLO: For now, we want to throw it back to Atlanta and Daryn Kagan.

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