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CNN Live At Daybreak

The Next Nominee; Majority Mess; Infamous Photos

Aired September 29, 2005 - 5:00   ET

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


CAROL COSTELLO, CNN ANCHOR: It is Thursday, September 29, and southern California scorching the earth and lighting up the night. It's a little too close for comfort, and it's still burning. Winds with flames across four counties in the Los Angeles area chasing some residents from their hillside homes.
Also, it's been an easy ride for John Roberts, but what potholes face President Bush's next Supreme Court nominee?

Plus...

(BEGIN VIDEO CLIP)

MAYOR RAY NAGIN, NEW ORLEANS: New Orleans is back open.

UNIDENTIFIED FEMALE: Yes.

NAGIN: Downtown is back open. And if we're going to have meetings to discuss New Orleans, let's do it downtown in New Orleans.

(END VIDEO CLIP)

COSTELLO: The welcome mat may still be a bit soggy, but at least it's out. New Orleans hopes to get the good times rolling again.

ANNOUNCER: From the Time Warner Center in New York, this is DAYBREAK with Carol Costello and Chad Myers.

COSTELLO: And good morning to you. We'll have more on the California fires in just a minute.

Also ahead, Majority Leader Tom DeLay is indicted by a Texas grand jury. We'll explain why just ahead.

And why going to this prison in Louisiana isn't such a bad thing, if you're a dog.

But first, "Now in the News."

There is little suspense in this one. John Roberts is all but certain to be confirmed as the nation's 17th chief justice by the Senate this morning. President Bush also expected to reveal his nominee today to replace Sandra Day O'Connor.

Passengers aboard an Amtrak train had a scare in Missouri. The train derailed about 30 miles south of St. Louis. No serious injuries reported. More residents of New Orleans are being allowed back into the city. The mayor wants businesspeople to return first to the French Quarter, the business district, and uptown. Residents can start coming back tomorrow. Just don't drink the water.

Wildfires are threatening several homes around Los Angeles. The largest, the Chatsworth fire, destroyed one home and threatened several multimillion-dollar homes. Some homeowners have evacuated.

To the forecast center now and Chad.

Good morning.

CHAD MYERS, CNN METEOROLOGIST: Good morning, Carol.

(WEATHER REPORT)

COSTELLO: Thank you, Chad.

MYERS: You're welcome.

COSTELLO: Up first this hour, John Roberts. At least 76 senators, including 21 Democrats, say they'll vote today to confirm Judge Roberts to be the nation's new chief justice. After that, the question turns to who President Bush will nominate next to replace retiring Justice Sandra Day O'Connor.

As CNN's Bob Franken reports, that's where the real fight may play out.

(BEGIN VIDEOTAPE)

BOB FRANKEN, CNN NATIONAL CORRESPONDENT (voice over): The fight over the chief justice has been barely a squabble compared to what we can expect over the next Supreme Court nominee.

SEN. LINDSEY GRAHAM (R), SOUTH CAROLINA: There's all kind of jockeying already about what the president should do and what he shouldn't do.

FRANKEN: President Bush will be trying to replace Associate Justice Sandra Day O'Connor and her swing vote with someone who could tilt the court rightward. The president's playing it very close to the vest.

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: The list is wide open, which should create some good speculation here in Washington. And make sure you notice when I said that I looked right at Al Gonzales. So it can really create speculation.

(LAUGHTER)

FRANKEN: Attorney General Alberto Gonzales has always been on a perceived short list as the possible first Hispanic justice.

EDWARD LAZARUS, SUPREME COURT EXPERT: It would seem unlikely that President Bush is going to put up another white male to replace now Sandra Day O'Connor.

FRANKEN: Some of the women who are widely discussed include Edith Jones, appeals court judge from Texas, outspoken opponent of abortion; Janice Rogers Brown, on the D.C. Circuit Court, ditto; Maura Corrigan of the Michigan Supreme Court, an open admirer of Justice Antonin Scalia; Karen Williams, another conservative federal appeals judge; or none of the above. In any case, look for a confirmation shredded.

SEN. RICHARD BURR (R), NORTH CAROLINA: If we aren't careful, no one will want that job.

FRANKEN: The president's selection is expected to be made public almost immediately after Roberts is sworn in.

(on camera): Then the Democrats will decide whether their war will include a filibuster. And the Republicans, whether theirs will include the nuclear option, which would end the filibuster.

Bob Franken, CNN, Washington.

(END VIDEOTAPE)

COSTELLO: There is no delay in the House hierarchy. That's because Majority Leader Tom DeLay was forced to step aside after being indicted by a Texas grand jury.

(BEGIN VIDEO CLIP)

REP. TOM DELAY (R), TEXAS: In accordance with the rules of the House Republican Conference, I will temporary step aside as floor leader in order to win the exoneration from these baseless charges. Now, let me be very, very clear. I have done nothing wrong. I have violated no law -- I have violated no law, no regulation, no rule of the House.

(END VIDEO CLIP)

COSTELLO: DeLay won't have to vacate his seat in the House, but his presence there could be a distraction for Republicans. CNN Congressional Correspondent Joe Johns has more for you.

(BEGIN VIDEOTAPE)

JOE JOHNS, CNN CONGRESSIONAL CORRESPONDENT, (voice over): On the grand jury's final day, Travis County's district attorney, Ronnie Earle, dropped the hammer on Tom DeLay.

RONNIE EARLE, TRAVIS COUNTY DISTRICT ATTORNEY: My criminal conspiracy as a state jail felony punishable by six months to two years in the state jail and a fine of up to $10,000.

JOHNS: The immediate impact was pure politics. DeLay was forced to temporarily give up his position as House Majority Leader, his title, his suite of offices, his control over the House floor and he lashed out at the man who took it all away. DELAY: This act is the product of a coordinated, premeditated campaign of political retribution. The all- too predictable result of a vengeful investigation led by a partisan fanatic.

JOHNS: The one-count indictment related to an impressive bid of political choreography. A Texas two-step. First, the political action committee that DeLay founded helped take over the state house in 2002. Then the Texas legislature redrew congressional districts.

It paid off big. In 2004, Republicans picked up five extra Texas seats in Congress, adding to DeLay's power. But was it legal? Earle says DeLay broke Texas campaign laws by conspiring to funnel corporate money into state elections through the National Republican Party $190,000 in all.

EARLE: The law says that corporate contributions to political campaigns are illegal in Texas. The law makes such contributions a felony.

UNIDENTIFIED MALE: These corporate contributions were not illegal. They were made properly, they were made at a proper time and they were spent on proper things.

JOHNS: Behind the legal fight, a clash of two very different and powerful personalities. DeLay is known as the hammer for his ability to impose discipline on House Republicans and his impressive legislative track record. Earle is a true believer in the cause of getting the big money out of politics. Some say he's a zealot. Earle is a Democrat, he's raised money for the party and he's also a classic Texas populist.

EARLE: And I think every American has a duty to run the money changes out of the temples of democracy.

JOHNS: Winning the indictment against DeLay was the easy part. Earle now has to make it stick.

UNIDENTIFIED MALE: When we get to trail, any fair jury is going to find that Tom DeLay did nothing wrong.

JOHNS: But even if the legal case goes away, Tom DeLay has already suffered a political blow. And recovering from that may be even harder than winning in court.

Joe Johns, CNN, Capitol Hill.

(END VIDEOTAPE)

COSTELLO: You may remember that last year some House Republicans pushed for a controversial rules change. It would have allowed members to keep leadership positions, even if they had been indicted. But that idea drew too much fire and had to be dropped.

While DeLay is sidelined, three House Republicans will fill his shoes. Majority whip Roy Blunt of Missouri becomes the acting leader, but many of the responsibilities will actually be handled by the deputy whip, Eric Cantor, of Virginia, and California Congressman David Dreier.

In other news "Across America" this morning, a 4-year-old girl remains in critical condition in Hartford, Connecticut, this morning. She was in a car hit by the high-speed Acela Express in Waterford. The child's grandmother and 8-year-old brother were killed. One passenger recalls what the conductor told them.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: I think everyone was very upset, particularly when they learned that the people were still alive in the car. And one of the conductors came on and said, "If you believe in god, now's the time to pray."

(END VIDEO CLIP)

COSTELLO: Trains between Boston and Washington were delayed six hours by this accident.

In New York, a ground-breaking ceremony to honor slaves who helped build the city. A $3 million memorial will be erected on the side of a colonial area -- a colonial-era cemetery uncovered in 1991. As many as 20,000 slaves and freed blacks were buried there until it was closed in 1794 and forgotten. It was rediscovered during a construction project.

An American Legion post in Phoenix has been renamed for Pat Tillman. Tillman left the Phoenix Cardinals to join the military after the 9/11 terrorist attacks. He became an Army Ranger and he was killed in Afghanistan in a friendly fire incident.

Still to come on DAYBREAK, making the case for progress in Iraq. President Bush sends his Pentagon chief to Capitol Hill, but will the defense secretary face a friendly audience?

These infamous pictures sparked shock and outrage around the world. But what about those who lived the nightmare, those who were in those photos? We've got one man's story.

And getting back to business in New Orleans. The mayor says it's time, and he hopes residents won't be far behind.

But first, here's a look at what else is making news this Thursday.

(COMMERCIAL BREAK)

COSTELLO: International markets mixed this morning. Tokyo's Nikkei up 181 points. The London FTSE adding four. The German DAX down nine.

Let's check on the oil. In futures trading, not much change this morning. Oil up six cents at $66.41 a barrel. And of course the average price of a gallon of gas will be coming in the 6:00 Eastern hour, and I'll pass it along as soon as I get it.

Your news, money, weather and sports. It is 5:14 Eastern. Here's what's all new this morning.

New Orleans opening up again. Mayor Ray Nagin says business owners from areas like the Garden District and the French Quarter will be allowed back into the city today. Residents from those areas can head home tomorrow.

There will be no Freedom Museum at Ground Zero. The museum idea has been dropped from the planned World Trade Center memorial. New York Governor George Pataki says the museum idea was just too controversial.

In money news, credit card users have set a new record for not paying their bills. The delinquency rate closed in on five percent in April and May. Accounts are considered delinquent if payments are more than 30 days late.

In pop culture, the Muppets will begin appearing in your mailbox. A new set of 37 cent stamps featuring the puppet characters will be available at the post office today. The stamps coincide with Kermit the Frog's 50th birthday.

Happy birthday, Kermit.

In sports, baseball could have a new steroid policy by the end of October. That's the word from the union chief, Donald Fehr. But it came only after Fehr was pressed on the matter by Senator John McCain during a Senate hearing.

To the forecast center and Chad.

MYERS: And good morning, Carol.

(WEATHER REPORT)

COSTELLO: Well, this is a change in topic, and I apologize for that. But let's talk about Iraq.

The top U.S. commander in Iraq is saying hold on. In the spring and the summer, General George Casey predicted there would be a substantial withdrawal of U.S. troops by next spring. Now he says that may not be the case. And President Bush says things could get worse before they get better.

(BEGIN VIDEO CLIP)

BUSH: Iraqi forces show they're capable of keeping the terrorists out. They're earning the trust and confidence of the Iraqi people, which ensures the success of a free and democratic Iraq.

The terrorists have a history of escalating their attacks before Iraq's major political milestones. Two key elections are fast approaching. As these milestones approach, we can expect there to be increasing violence from the terrorists.

(END VIDEO CLIP) COSTELLO: Donald Rumsfeld can expect to be asked about the expected uptick in violence and about troop withdrawal plans this morning. The defense secretary and several top generals, including Joint Chiefs chair, Richard Myers, are set to testify before the Senate Armed Forces Committee. That will begin at 9:30 Eastern.

Lynndie England, the young Army private convicted of the Abu Ghraib prison scandal, faces the next three years in prison. But it's a different sentence for some of the men in those widely distributed photos.

Aneesh Raman is in Baghdad, and he spoke with one of the men in those now-infamous pictures.

Good morning, Aneesh.

ANEESH RAMAN, CNN CORRESPONDENT: Carol, good morning.

The abuses at Abu Ghraib are perennial on the forefront of the Iraqi mind. And these days, Carol, are no exception.

(BEGIN VIDEOTAPE)

RAMAN (voice over): Far from the military courtroom where Lynndie England was sentenced, infamous moments of shame still haunt the abused. Hashim Lazim was in Abu Ghraib for two months before the torture began, before Lynndie England forced him to pose naked for those now notorious photos.

HASHIM LAZIM, FMR. ABU GHRAIB PRISONER (through translator): I saw Lynndie pointing her finger at us while we were naked, singing and laughing. I thought that she was supervisor. She was moving here and there where another woman was taking photos of us.

RAMAN: Brought to Abu Ghraib for carrying a gun, Hashim was released after four months. Released to a country, to a region where the humiliation he suffered is a fate worse than anything else.

LAZIM (through translator): Nothing can make up for what she has done to me. She didn't kill me, or cut a finger off my hand. She did worse. She did something that will last until I die.

RAMAN (on camera): Over a year has passed since those images angered the world. And while elsewhere the anger has moved on, in Baghdad the effects are clearly permanent.

(voice over): This is a culture still shocked by what happened. Abu Ghraib is perhaps one of the deepest scars in Iraq of this war. Morality was why Iraqis were told troops arrived. And it is that which they now question.

UNIDENTIFIED MALE (through translator): Iraqis will never forget what they have done in Abu Ghraib prison when they mistreated prisoners. We are Muslims. What happened is not acceptable.

UNIDENTIFIED MALE (through translator): What she did is worse than what Saddam did. She is worse than Saddam. This dirty woman did unbelievable things against prisoners. She deserves a life sentence, if not more.

RAMAN: These days, Hashim finds comfort only in his five children. Five people that have no idea what happened to him at Abu Ghraib, that have no idea who Lynndie England is. He has not told them, and says out of shame, he never will.

(END VIDEOTAPE)

RAMAN: And Carol, that humiliation is the source of so much anger that remains here on the streets of Baghdad, if not throughout Iraq. The legacy of those abuses will be here for quite some time -- Carol.

COSTELLO: Aneesh Raman, live in Baghdad. And you'll rejoin us at 6:00 Eastern Time. We look forward to that. Thank you.

There is a disturbing Web site allegedly connected to Iraq and U.S. soldiers there. The Army says it's investigating reports that soldiers traded photographs, some quite graphic, of dead Iraqis in exchange for access to a pornographic Web site. Photos of dead Iraqis have appeared on the site. A preliminary investigation finds no evidence of a felony, but participating soldiers could find themselves in violation of the Army's code of conduct.

Still to come this morning, returning to New Orleans. Mayor Ray Nagin says it's OK to come back. Just be sure to boil the water. We'll hear about the struggles of moving back to that city just ahead.

You're watching DAYBREAK for Thursday.

(COMMERCIAL BREAK)

COSTELLO: All right, Chad. I know you've been waiting for this.

MYERS: I have been.

COSTELLO: Because...

MYERS: Because I'm still -- I'm still dumbfounded. I'm confounded as how this makes a difference, but I'll get to that a little bit later.

COSTELLO: It's harder to counterfeit the bills.

MYERS: OK.

COSTELLO: We're talking about the new $10 bill.

MYERS: Exactly, Carol. But guess what? Everybody still takes the old $10 bill, right? The old $10 bill isn't worthless anymore, so they can just keep counterfeiting the old one.

COSTELLO: Well, yes, but they have to slowly go out of circulation. Do you know how much money it would cost to suddenly replace every single $10 bill with a new one?

MYERS: Do you know how many fake $10 bills are being printed as we speak?

COSTELLO: I don't know the exact number, unfortunately.

MYERS: I don't either.

COSTELLO: But this is it. It's very colorful.

MYERS: Yes.

COSTELLO: And isn't it pretty?

MYERS: It is very pretty. I like the little red on it.

COSTELLO: I do, too.

MYERS: Yes. There you go.

COSTELLO: Almost like a Christmas decoration.

MYERS: We the people.

COSTELLO: Yes. All right. We just thought you needed to see the picture of the new $10 bill.

MYERS: Not available yet. Don't go out there and try to get it. Not available for a while.

COSTELLO: No. But it will be soon.

MYERS: Yes.

COSTELLO: Time for our DAYBREAK "Eye Opener" right now.

From "Viva Las Vegas" to "Blue Hawaii," the Elvis-A-Rama Museum in Las Vegas is closing its doors for good next year. Now, this makes Chad sad.

The owner, though, Chad, says he may relocate to Hawaii.

MYERS: I know, but he's selling some of the stuff.

COSTELLO: Well, yes. He's selling off most of his $6 million memorabilia collection, which includes classic cars and lots and lots of rhinestones. So perhaps you can go on to eBay and see if any of that stuff is available online.

MYERS: So the new museum is going to be called Elvis-A-Rama Light.

COSTELLO: Yes -- in Hawaii.

Time for a double take. This two-headed turtle was found along the banks of a river in Cuba. The river is known as the most contaminated in the whole country, and that explains the lot. Biologists say the week-old turtle is two weeks and may not make it to week number two. How's that for a two-headed turtle tongue twister?

Oh, look at that. Isn't that strange?

MYERS: That is kind of weird.

COSTELLO: Beautiful, isn't it? It's just a little romantic music for some white whales. A whale-watching expedition off the coast of Argentina includes a string quartet. They played some tunes that attracted at least four whales. No kidding. They normally gather in this area at this time of year to mate, and this music just made them come out in force.

MYERS: It gets them in the mood. OK.

COSTELLO: Oh, lordy.

Here's a pumpkin Linus van Pelt would be proud of.

MYERS: Whoa.

COSTELLO: You know Linus van Pelt.

MYERS: Of course.

COSTELLO: Linus. The owner of this giant squash plans to take it to the Giant Pumpkin Festival in Wisconsin this weekend. He says it weighs over a thousand pounds. It better, because a Michigan man has already entered his 1,100-pound pumpkin in the competition.

MYERS: Ooh, that would make a great jackolantern.

COSTELLO: It would make a big one. You could put the kids inside it.

MYERS: Yes.

COSTELLO: Here's what's all new in the next half-hour of DAYBREAK.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: I haven't given them names. We haven't given them. We just - we just call them out of love. I just give them names I want. I just call them "Little Love," "Little Feisty," "Little Trouble."

(END VIDEO CLIP)

COSTELLO: He talks to the animals. He and a few others, perhaps reluctant residents of Louisiana, opened their hearts to some of the -- well, some more -- some other kinds of victims of Hurricane Katrina.

We'll be right back. (COMMERCIAL BREAK)

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