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The Situation Room

Inside Information on Miers; Fighting Culture Wars at Air Force Academy

Aired October 11, 2005 - 16:00   ET

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


KYRA PHILLIPS, CNN ANCHOR: And you're in THE SITUATION ROOM where new pictures and information from around the world are arriving all the time.
ALI VELSHI, CNN CORRESPONDENT: Happening now. Inside information on Supreme Court nominee Harriet Miers. How close is her friendship with President Bush and does a leading conservative know something about her that we don't?

This hour new documents and new comments to examine.

PHILLIPS: Plus, the Karl Rove connection. The president's super strategist is at the center of two big dust-ups here in Washington. Is that taking a toll on the Bush White House.

VELSHI: And fighting the culture wars at the Air Force Academy. This hour we'll talk live to a father who says non-Christian cadets were harassed and pressured to embrace Jesus, so he's suing.

You're in THE SITUATION ROOM.

Wolf is off today. First up this hour, the cases for and against Supreme Court nominee Harriet Miers.

PHILLIPS: Her critics are poring over released documents from her early days working with George W. Bush in Texas.

VELSHI: And this hour a Miers supporter is expected to speak out about his claim he had assurances she would be a reliably conservative vote on the court. Our congressional correspondent Ed Henry is covering that story and he'll join us in just a few minutes.

PHILLIPS: President Bush said again today he's confident Harriet Miers will be confirmed as Justice Sandra Day O'Connor's successor. Newly released records from the Texas drive home the history between Mr. Bush and his high court nominee. Let's bring in Bruce Morton.

BRUCE MORTON, CNN CORRESPONDENT: Hi, Kyra. We knew she liked and admired him. Now we know she really, really liked and admired him. We learn about their relationship but these papers don't tell us where she stands on constitutional issues.

(BEGIN VIDEOTAPE)

MORTON (voice-over): In 1997, she sent him a birthday card with a note. "Dear governor, GWB, you are the best governor ever. Deserving of great respect." She added "At least for 30 days, you're not younger than me" because he was born in July, 1946, she in August, 1945 so for one month a year, they're the same age in years.

We also learned he liked her just fine, too. He answered her note saying, "I appreciate your friendship and candor. Never hold back your sage advice."

Miers also wrote Bush and his wife were the greatest. Keep up the good work. Texas is blessed. Another time, she wrote Texas has a very popular governor and first lady and recalling a child who got Mr. Bush's autograph, she added, "I was struck by the tremendous impact you have on the children whose lives you touch."

On another 1997 card, she said, "The state is in great hands. Thanks also for yours and your family's personal sacrifice." Again, she hoped the bush daughters, Jenna and Barbara recognized their parents are cool as do the rest of us.

"And again, all I hear is how great you and Laura are doing." And it was mutual. "A desire to see justice done is what drives my friend Harriet Miers," the then governor said at a 1996 awards dinner.

So we know they liked each other. So what? President elect John Kennedy named his brother Robert attorney general. Kennedy's presidency was tragic and incomplete, but Robert Kennedy was generally admired for his work in it. It would be inappropriate if Miers as a justice continued to give the president political advice but there's no reason to think she would.

(END VIDEOTAPE)

MORTON (on camera): Promoting a friend is not unusual, not in Washington or business. This is a different kind of promotion, of course. It's for life. Just one more thing for senators to think about while they wait for the hearings to start, Kyra.

PHILLIPS: All right, Bruce. Thanks so much. Of course, Jack Cafferty will have more on those documents shortly. But first, a lot of talk online about the Miers documents. Internet reporter Jacki Schechner has the situation online.

Jacki?

JACKI SCHECHNER, CNN CORRESPONDENT: Well, Kyra, we thought this was interesting. Yesterday we show you on the SMU Web site how all of Harriet Miers' published information was online. People going to check it out. We went today to the Texas State Library and Archives Commission where the latest correspondence came from.

They are not posted online over there. We spoke to somebody. They don't plan on putting them up either. What the are doing is releasing them freely to the media, and it will be up to media organizations like CNN and others to release them as they see fit. But we thought it might be interesting to check out and see if they were online. Just for your information, they're not. What is online is blog reaction as you might imagine. And because we don't have much information about Harriet Miers, these are the things we have to go on from the Carpetbagger Report, they're venturing into unseen hero worship territory with this correspondent saying things, like, do you imagine they wrote BFF in each other's yearbooks?

Also from Gally Slaves quoting things like, "you're the best governor ever," saying they're worried by the fact she put quotes around the word cool. Something that was pointed out by Josh Marshal at Talking Points Memo, we would be remiss if we didn't mention it, it sounds a lot like the Harriet Miers parody blog. This has been circulating around the blogosphere for some time now. It was awfully silly and we didn't know that we were going to show it to you.

But the correspondence that's come out now is very similar in tone to this, things like I've always been 111 percent for President Bush going down to the bottom and saying in case you're wondering, PS, I won't ever-change I promise. PPS ever, ever. So it's awfully juvenile but not that different in tone from some of the correspondence we are seeing coming out today.

Kyra?

PHILLIPS: Jacqui, thank you. Well more fuel today for conservatives up in arms about Harriet Miers' nomination. Federal Election Commission reports show that Miers' Houston law firm donated $1000 to Hillary Rodham Clinton's Senate campaign in 2000. That information was first revealed in an FEC response to a request to a conservative group investigating Miers' political critics. Miers is a former Democrat who has donated to candidates of both parties, including Al Gore back in 1988.

VELSHI: Another flash point for the Bush administration, the investigation which has been -- the investigation into the leak of a CIA operative's identity. We have been following this. "New York Times" reporter Judith Miller has been meeting all day with the special prosecutor in the case named Patrick Fitzgerald.

Now, her lawyer, Robert Bennett says the talks have been held in his office. Miller was related from jail last month, you'll recall, after she finally agreed to testify before a grand jury. She said she had gotten a personal waiver from the source that she had been protecting. Identified as vice president's chief of staff, Lewis "Scooter" Libby. Miller's lawyers would not comment on a report that Miller has since given Fitzgerald notes from an earlier conversation with Libby.

No word on whether Miller will be called to testify before the grand jury again. Hard to follow. We're on the lookout for Karl Rove's fourth appearance before that very grand jury. The deputy White House chief of staff is expected to testify this week before the panel wraps up its work and considers issuing any indictments.

Karl Rove's legal and political headaches may be taking a toll on President Bush. Let's bring in our senior political analyst, Bill Schneider. Bill, good to see you.

If Karl Rove is indicted and that is a big if, what kind of political repercussions would that be having for the president and this administration.

BILL SCHNEIDER, CNN ANALYST: Well, you know, George Bush won the presidency, won the White House in 2000 on the issue of character. He used to say in speech after speech, when I put my hand on the Bible, I will swear not only to uphold the laws of the land but also the honor and dignity of the office.

And that was a big deal after the Clinton era. Now look has what has happened it his image. Sixty-four percent said he was honest and trustworthy when he first took office. A few months after 9/11, that number grew to 77. When he started his second term last January, it was still at 56. Now, fewer than half of Americans say Bush is honest and trustworthy. Fifty percent say he's not. Karl Rove, his closest aide, the number two man in the white house, the man that has been caused Bush's brain, if he's indicted and has to go, it undermines the key source of this president's public support, his character.

PHILLIPS: Bill, how much danger is there for the president in the controversy over Harriet Miers' nomination.

SCHNEIDER: It's a different danger. Not his public support in that case but his base. Bush has really cultivated his conservative base and they delivered for him in 2004. The election where he called Karl Rove the architect. It's kind of astonishing that leading members of his base are now in open revolt against the president. President Bush says trust me on the Harriet Miers nomination and they don't. And they've even started listing other grievances with President Bush like campaign finance reform and spending and the deficit and the prescription drug entitlement.

Bush's father broke a pledge, no new taxes in 1990 and the conservative base abandoned him. If this spreads to the rank and file Republicans and conservatives out there, this President Bush could have the same problem.

VELSHI: Bill, Bush I and broke that pledge while he was in his first term running for reelection. This president isn't running for reelection. What's the impact? Does it matter as much?

SCHNEIDER: One word, Ali, clout. If this president becomes unpopular, if the president - he already is, but if the public really loses confidence in the president and if his base flees, he is going to have less support for advancing his agenda over the next three years. You know, in our system, politicians are independent political entrepreneurs. They're in business for themselves. If a president is weak and unpopular, other politicians are going to go their own way. Even the ones who are supposed to be the president's allies.

VELSHI: That will be good to watch. Thanks so much, Bill Schneider.

PHILLIPS: Time now for the "Cafferty File," your chance to sound off on the big stories. Our Jack Cafferty joins us live from New York once again.

Jack?

JACK CAFFERTY, CNN ANCHOR: Thanks, Kyra. The president needs all the support he can get these days based on those numbers Bill Schneider just had. And from the looks of his correspondents with Supreme Court nominee Harriet Miers which resemble notes that third graders might send each other, she just might be his biggest fan.

These newly released documents shed little light on Miers' legal thinking and could wind up working against her confirmation which, by the way, ain't going to happen. Critics say there is such a thing as too close and worry that this bond between the president and his pick could undermine the separation of powers between the judicial and executive branches. So here's the question. Is the relationship between the president and Harriet Miers too close for comfort? Caffertyfile@cnn.com. Those notes are kind of like the ones you used to send me, Kyra.

PHILLIPS: Actually, I was just sitting here folding. Remember, this is what they used to call the football in grade school. Remember that, Jack? It was -- I don't think you got notes. Weren't you the class bully.

CAFFERTY: No, Kyra, I wasn't actually.

PHILLIPS: Okay, Jack Cafferty. I'll see you in a little bit.

CAFFERTY: I'll really look forward to it.

PHILLIPS: I think I'll tear up that note. What do you say?

VELSHI: I think it's time for a commercial.

PHILLIPS: Coming up, a heated strategy. Speaking of heat, whew. The session on the Miers' nomination. You can expect James Carville and Torie Clarke to clash when they judge Miers' qualifications and the conservative revolt against her.

VELSHI: So if you really like that Kyra-Jack session, stay tuned for a little more heat in this place. Also ahead, is there religious discrimination at the U.S. Air Force Academy? We'll talk live to a father who says the answer is yes, and non-Christian cadets are paying a price.

PHILLIPS: And another update ahead on the earthquake in Asia, the death, the survivors and the misery. You're in THE SITUATION ROOM.

(COMMERCIAL BREAK)

PHILLIPS: And you're back in THE SITUATION ROOM. U.S. military planes are on a mission of peace bringing much need supplies of food, blankets, tents and cots to thousands of people in the earthquake zone of South Asia.

VELSHI: CNN's Satinder Bindra reports from Muzaffarabad, the capital of the Pakistani ruled portion of Kashmir.

(BEGIN VIDEO TAPE)

SATINDER BINDRA, CNN CORRESPONDENT (voice-over): They've come from the war in Afghanistan, eight U.S. helicopters here at the Ramupindiaschaclala (ph) Air Base near Pakistan's capital. To help the country with its largest ever relief operation. Captain Brandon McCray is a 26-year-old Black Hawk pilot from Ft. Worth, Texas. On Tuesday, Captain McCray loads up and takes off for a 40-minute flight to one of the worst affected areas in the mountains of Kashmir.

CPT BRANDON MCCRAY, U.S. ARMY: However you know we can help out, I pray we can do that and help these people out tremendously.

BINDRA: When Captain McCray's helicopter and the others land in the mountain city of Muzaffarabad, Pakistan soldiers are waiting for them.

(on camera): It's absolutely critical to get these tents and bags of flour to hundreds of thousands of survivors in Pakistan's remote areas. Many people there have been complaining they haven't eaten a proper meal in days and at this rate they say they may not be able to hold on for too long.

(voice-over): Riasa Khan (ph) has broken both his legs. The Americans will take him back to the Pakistani capital for treatment. His family will remain here. Three of my daughters are injured, he says. They're in hospital. My wife is also injured.

Many of the wounded are young children. Most were hurt when their schools collapsed on them. The critical element in these missions is the weather. Many sorties have had to be canceled because of heavy winds and rain. Riasa Khan gets out just before the weather turns nasty.

Allah bless the Americans, he says. They've been very kind. I want to thank them for that. Less than an hour after we began our journey, it's time to turn back. A lightning fast mission that will have to be repeated for many days and weeks to come. Satinder Bindra, CNN, Muzaffarabad, Pakistan-controlled Kashmir.

(END VIDEOTAPE)

PHILLIPS: And you remember, it was about this time yesterday that they pulled that girl out of the rubble. Not far after that they found her mother. Becky Anderson once again live via video phone there in Islamabad right there by that apartment complex. Becky?

BECKY ANDERSON, CNN CORRESPONDENT: That's right. And miracles can happen here. I'm going to move away from the camera so you can see. (inaudible) that on Saturday, it was a ten-story building. 72 to 74 hours later, this search and rescue effort copies. It's a British team here with the Pakistani army. As you suggest, the baby pulled from the rubble alive with its mother and just this afternoon local time, a 75-year-old lady and her daughter pulled from the rubble alive. Her sons were outside holding a vigil here. They had escaped from this apartment. They've been here for some 72 hours. Now about 24 hours before the rescue, they had made contact with these two ladies. And the grandmother effectively said this. She said to the rescuers who have made contact with her but couldn't get to her, are the rest of my family alive? Are my four kids still alive? She wasn't prepared to be pulled from the rubble unless they were.

Well, the rescuers here were able to get her to some -- to talk to her and convince her that everybody was okay. And she was pulled out of the debris from here. Now this is only the tip of the iceberg so far as the devastation is concerned. While there are good stories coming out of this rubble, of course, elsewhere, there are tens of thousands who are still stuck under debris.

There are hundreds of thousands now who are hoping that their family and relatives will still be alive and there are some 5 million by some estimates who are now homeless to the north of here in north Pakistan and into Pakistan's-controlled Kashmir.

And today, rescue efforts hampered by extremely bad weather. The helicopters that have been going north delivering aid got grounded effectively temporarily in the afternoon, extremely frustrating for those who are helping in this effort, extremely difficult for those who are hoping to find some relief. Kyra?

PHILLIPS: Frustrating, but not giving up. Becky Anderson, thanks.

VELSHI: Zain Verjee joins us now from the Atlanta. She's got more news on the earthquake and some other stories making news.

ZAIN VERJEE, CNN ANCHOR: Ali, authors say the death toll now stands at more than 1,200 in Indian controlled Kashmir. And they say survivors there are in a desperate situation. Fierce thunderstorms temporarily grounded relief flights today and rains are threatening to trigger mud slides.

The United Nations is appealing for 272 million dollars to help victims of the erg quake disaster.

In Kuwait, the U.S. military loaded trucks with emergency supplies for victims. Helicopters are also ferrying the injured from destroyed cities in Pakistan. The U.S. has pledged $50 million in aid for reconstruction and relief. Washington plans to increase helicopter flights to the region within days.

The lights went out in parts of downtown Los Angeles this morning. Trouble at a downtown power substation knocked out electricity to city hall as well as other government buildings. Generators kicked in but city hall was still without some elevator service or without air condition. A spokeswoman for Los Angeles' Department of Water and power says the outage happened when circuits at a distribution station failed.

Torrential rains and flooding in New Hampshire have left at least three people dead and four missing including a couple whose house was just swept away by the floodwaters. Police are going door to door to check on families. Six feet of water covered some roads and even more rain is expected this week. Backing to Kyra and Ali in THE SITUATION ROOM.

VELSHI: All right. Zain, thanks so much. Coming up with friends like these -- who needs enemies? Next up, President Bush battles conservatives over his Supreme Court nom.

PHILLIPS: Plus, will the CIA leak investigation lead back it Karl Rove? We'll get expert opinion on both these stories from James Carville and Torie Clarke next in today's strategy session.

(COMMERCIAL BREAK)

VELSHI: If you're wondering why we're looking serious, it's because it's time for our strategy session.

PHILLIPS: Joining us are political analysts Torie Clarke, James Carville. They're already sort of duking it out. And we've noticed they're taller than we are.

VELSHI: Look at this.

PHILLIPS: Exactly.

That's right. The best looking bald men in the United States of America. Let's talk Harriet Miers. Torie Clarke, conservatives are being hypocritical.

TORIE CLARKE, FORMER PENTAGON SPOKESWOMAN: I think some of them are. Think about what they all said during the John Roberts' nomination. It's the president's prerogative. Be open minded. Listen, learn. Get to know more about the nominee before you make your decision. But they are making snap decisions. I think it is flat out wrong. They're focus on the process more than the result.

VELSHI: James Carville, what do the Democrats want out of this? Do they want to confirm Harriet Miers? Do they not want to?

JAMES CARVILLE, CNN POLITICAL ANALYST: I think this is more for Democrats, more of a spectator sport right now. I think it is more of a spectator sport right now. When they have these hearings, looks like December, I think the Democrats are going to have a lot of questions and are going to be interested in hearing from her and I think they're going to press her pretty good. But right now Republicans are just brutal out there on this woman. I've never seen anything quite like it.

VELSHI: You were -- Kyra was talking to former Senator Coats a little earlier. He of course is coaching or advising her on this.

PHILLIPS: He doesn't like the word "coaching."

VELSHI: I heard you saying.

PHILLIPS: I said okay, "advising." Is that better?

VELSHI: Let's see what he's got to say about this.

(BEGIN VIDEO CLIP)

DAN COATS, SUPREME COURT NOMINEE ADVISER: She understands what the role of the court should be. I think perhaps the most important thing is she represents the president's views on the role of the court to adjudicate, evaluate, but not legislate.

(END VIDEO CLIP)

PHILLIPS: Did you get those last three points there?

CLARKE: I think he's absolutely right. And I hope those Republicans who are having heartburn over this are listening to that. What is it they want? They want a Supreme Court justice that strictly interprets the constitution, understands and respects the responsibilities of the three branches of the government. Think about what you're going to get that.

PHILLIPS: You don't know where she stands with regard to constitutional law, right.

CLARKE: I think probably since the president had a pretty clear track record on this, you can make a strong assumption that's what you are going to get out of Harriet Miers. Many of these Republican senators have worked with her throughout the years and know she's been an active part in vetting some of the other judges that the president's put forward.

PHILLIPS: Assumption, which is interesting. A lot of people assuming, right?

CLARKE: Strong assumption.

CARVILLE: The word in the two justices that have overturned more legislation than any two are Scalia and Thomas. These guys talk about this, but what they want is laws they like and don't want laws that they don't like and they'll use the courts to do that. That's what this is about. This is code word from senator coats to try to quell insurrection on the right, if you will.

VELSHI: Let's talk a little bit about you know, Kyra and I were talking earlier between the earthquake and we've just come out of these hurricanes where there seems to be so much tragedy around us. This one thing that's been going around the news these days is the whole bird flu situation.

Right now, you know, that's got to be a little tough for the White House to be trying to manage their way around. What would you say right now? The military's come into this discussion when people are talking about how bad it could be in quarantines.

CLARKE: Sure.

VELSHI: What would you be advising people to do right now?

CLARKE: You've got to prepare for the worst and hope for the best. Some people look at the response of the government officials thus far and say they're trying to stir up more trouble. Not true. Prepare for the worst, hope for the best. It is responsibility of the people at the federal, state and local level to do everything possible to prevent something like that from happening. That's what's they have to do. That's what they're doing.

PHILLIPS: How would you advise the president? Why aren't we prepared? Why isn't he coming forward and saying military once again ...

CARVILLE: My dear friend John Barry wrote the book "The Great Influenza" and also wrote the book on the '27 flood. There's so much you can do. We obviously -- It's hard to do one of these vaccines to this exact strain. We don't spend enough on research. I think we spend only $119 million on basic research in terms of a vaccine for influenza. The truth of the matter, unless there's a real good vaccine, I hate to say this, once it breaks out, it's pretty tough to do anything about. I think hard to sort of criticize President Bush for this because this is to some extent has been a long-standing problem.

But I hope people say we've got to get into basic research because a lot of scientists believe it's possible to develop a vaccine that would protect you against all these different strains of the flu.

PHILLIPS: It's scary when you hear quarantine. Torie Clarke, you know that. You started talking about military intervention and quarantine. Americans go, I won't be able it leave my house, my neighborhood.

CLARKE: We have been blessed in many ways for many, many years. And it is scary to think about those things. If you're a public official at any level, federal, state or local, you have a responsibility to deal with those things. You have a responsibility to say to the people you represent, here's how we're going to deal with it and find the money to pay for those things. It's just a responsibility, not a pleasant one but one we have to suck up to.

VELSHI: Karl Rove has got to be, some say, some say he must be distracted by having to go and talk to this grand jury again. What do you think?

CARVILLE: Karl -- Patrick, I referred to him as Mr. October here. He's causing quite a bit of havoc. I don't know what -- a man's entitled to presumption of innocence even after he's indicted. Karl Rove hasn't been indicted for anything but if. Nobody wakes up one day and says give the U.S. attorney a call. I think I want to chat with the grand jury. I'll go visit. It's terribly distracting to be engulfed in the legal process here. I'm sure is he. And I'm sure that ...

PHILLIPS: James, you know scandals. President Clinton didn't seem very distracted. He seemed to still carry on and operate. CARVILLE: If you think that we weren't -- if you -- we carried on. If you think you're not on the phone or not sleeping quite as well at night or you got something in the back of your mind, of course you do. And President Clinton is like one in a million, his ability to sort of ...

PHILLIPS: To handle scandal and handle the presidency?

CARVILLE: Yes. I would not say that people were not distracted. I know a lot of my friends had to go before the grand jury, and they were very distracted. And one of the things that you've got to understand is you can't talk to other people about this. So -- because you only talk to your lawyer and you can only talk to your wife who has a privilege.

Other than that, you can't say anything to anybody. So everybody's having this great circular conversation about the entire thing. And in a way, I have sympathy with anybody who gets caught up in this because I've seen too many of my friends caught up in this process. And, of course, it didn't go anywhere and maybe this won't either. We don't know what Mr. October is going to do here.

CLARKE: No, we don't know what's going to happen. I think it certainly is a distraction, but I think Karl Rove and others capable of handling it and compartmentalizing it to the extent possible. And he sure is acting like he's doing everything possible to cooperate with the prosecutor, talk with them whenever they want, give them whatever they want. And he's certainly acting like a man who feels comfortable with the way the process is going.

PHILLIPS: Compartmentalized -- that's a popular military term. If you're overseas, how do you deal with situations in war? I compartmentalize. But you think there's a lot more to this, right, Torie? A lot we don't know?

CLARKE: No, I don't know. I absolutely don't know. I think there's something very, very curious about the Judy Miller side of this. You know, a lot of people look at Karl and Scooter Libby and others that say they said what they said, and that seems very, very consistent.

What people can't figure out is why now did she seem to take the deal -- it's a terrible expression, I know -- but she seemed to take the deal now after three months in prison that Matt Cooper took months ago. So the Judy Miller piece of it is the piece that is perplexing a lot of people.

CARVILLE: And then the whole "The New York Times" thing is -- that is -- you know, they said well, that waiver was not good enough and Scooter Libby writes a note saying you can talk about our July conversation. And then they reveal in notes she took of June 23rd.

(CROSSTALK)

CARVILLE: "The Times" -- they got to come clean with this. CLARKE: And a lot of people at the top of "The New York Times" will not admit this, but there is turmoil in "The New York Times" about this, Judy Miller's colleagues, past, present and future talking about this, saying what is going on here. They just don't know.

VELSHI: They have to wait for the book.

CARVILLE: You know what? I think that -- I think the readers, I think "The Times" editors ought to say, you know, we owe something to our readers. And, you know, to hell with the book that's coming down the thing. Sit down. Tell us what happened.

This is what we do. We're paying your salary. We paid your legal fees. We're entitled, our readers are entitled to this information. This is relevant information. And, for the life of me, I can't understand why they haven't done that yet.

VELSHI: James Carville, good to talk to you. Torie Clarke, thank you for being with us.

CLARKE: Good to see you two. Thank you.

VELSHI: Well, President Bush lends a helping hand as he makes another visit to the hurricane ravaged region. But when it comes to rebuilding the region, who is calling the shots?

Plus, why is U2's Bono teaming up with a conservative Republican senator? You know anything about this, James Carville? Details on both stories next on our "Political Radar."

(COMMERCIAL BREAK)

VELSHI: You're in the situation room. Here's a look at some of the hot shots coming in from the Associated Press, pictures you are likely to see in your newspaper tomorrow.

In Pakistani-controlled Kashmir, children of the quake. Boys struggle to get ahold of relief that arrives.

In Kyrgyzstan, Secretary of State Condoleezza Rice is greeted by a traditional eagle. It's part of a three-day tour to central Asia.

And in Belgium bombed out smurfs. That's smurfs. UNICEF is releasing a new video of the characters to teach children about the horrors of war.

In China, it's almost liftoff. Tomorrow these two astronauts will launch the nation's second manned space flight, all part of China's big to seal its status as an emerging power in space. Those are today's hot shots.

President Bush tops today's "Political Radar." Mr. Bush says the spirit of rebuilding is taking hold along the hurricane-ravaged Gulf coast. The president made his comments while on his eighth trip to the region. Mr. Bush donned a hard hat and drove nails at a home building project in Louisiana. In an interview this morning on NBC's "Today Show," the president said Washington will support but not dictate how to rebuild the hurricane-damaged areas.

(BEGIN VIDEO CLIP)

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: I don't think Washington ought to dictate to New Orleans how to rebuild. I guess we have a different philosophy from whoever the prominent Democrat was you spoke to.

Last night, Laura and I had dinner with Mayor Nagin and a group of distinguished New Orleans citizens from all walks of life. And my message to them was we will support the plan that you develop. The point is, is that it comes from the local folks.

(END VIDEO CLIP)

VELSHI: Later in the day, the president and First Lady Laura Bush celebrated with children at a newly reopened elementary school in Mississippi.

Well, Hurricane Katrina has intensified the political clash over African-American voters. Republican Party Chairman Ken Mehlman today defended the GOP's efforts to reach out to African-American voters during an appearance before an NAACP chapter in Connecticut.

Democratic Party Chairman Howard Dean had questioned how Mehlman could quote, "show his face," end quote, before a black group, after the administration's widely criticized response to Katrina. Mehlman hit back today, accusing Democrats of taking African-American voters for granted.

And political activist and rock star Bono apparently has a new and perhaps surprising cause. He and his legendary group U2 are set to perform in Philadelphia on Sunday at a $1,000 a seat fundraiser for Senator Rick Santorum's reelection campaign. Now, you might ask what Bono has in common with the proudly conservative senator. The organizer of the fundraiser says both have strong religious convictions and are passionate in their beliefs.

Coming up, a new front in the culture wars, the Air Force Academy. We're going to talk to a Jewish father who says Christianity was illegally pushed on his sons while they were cadets.

And are President Bush and Harriet Miers too close for comfort? Our Jack Cafferty asks the question. He'll be back with your answers. You're in THE SITUATION ROOM.

(COMMERCIAL BREAK)

PHILLIPS: Now, the culture wars and the U.S. military, the Air Force says its withdrawn guidelines for chaplains allowing them to preach Christianity to military personnel not affiliated with any religion.

That move comes on the heels of a lawsuit filed by the father of two Air Force academy cadets. Michael Weinstein says that senior officers illegally tried to impose Christian beliefs on his sons, who are Jewish.

The Pentagon investigation documented incidents of religious slurs and jokes, but concluded there was no overt discrimination at the academy. The Air Force has since issued new guidelines on religious tolerance and its lawyers say there's no existing policy supporting evangelizing within the ranks. We're joined now by the father who filed that lawsuit, Mikey Weinstein, good to see you Mikey.

WEINSTEIN: Good to see you also, Kyra.

PHILLIPS: Let's talk about the evidence. What did you witness?

MICHAEL WEINSTEIN, SUING AIR FORCE: Well, I can tell you that during the 20 months I've been fighting this thing at the academy, it was very clear that evangelical Christianity was being imposed, hardly just on Jewish members of the Air Force, but certainly liturgical or nonevangelical members of the Air Force, also, atheists, agnostics.

It didn't make a difference. This was not a situation of a Christian versus Jewish issue. It was an Evangelical Christian versus the Constitution issue. The amount of evidence is unbelievably compelling, but I can assure you --

PHILLIPS: Tell me about that evidence. Tell me about the evidence. Give me specifics.

WEINSTEIN: Well, there was a -- I'll give you one example last year, there was a brown bag lunch with apparently hundreds of members of the faculty and staff in uniform attending. There was a flier that had gone out that said, this is an official Air Force academy- sponsored event along with the Christian leadership ministries. Do not take this poster down. And you know what it said the topic for that lunch was to be, Kyra?

PHILLIPS: What was it?

WEINSTEIN: Why we can't let you have your God while we have ours.

As far back as 12 years ago, the -- some group of idiots at the Air Force academy decided it would be a good idea to sanction the famous Wings of Blue parachute team that parachute down out of the Colorado Springs skies onto the front lawn of Focus on the Family when Dr. James Dobson and his group, they were opening up their campus there within direct sight of the academy across from the highway.

They carried with them the keys of heaven, they gathered up their parachutes, they marched in formation, if you can believe it, and presented the keys of heaven to Dr. Dobson.

The base newspaper from 1993 until 2003, when we put an end to it, carried a full page solicitation, a fully federally funded based newspaper, that said we the undersigned are here to state that the only real hope for mankind is Jesus Christ. If you'd like to -- want to come -- if you want to talk about Jesus, please come by and see one of us. And it was signed by 16 academic department heads or deputy heads, nine permanent professors, the then current dean, the current dean now and hundreds of other people and their spouses.

VELSHI: Mikey, let me just tell you. You mentioned Focus on the Family and Tom Minnery, the vice president of Focus on the Family, had this to say. He said, " Mikey Weinstein might not like it, but it is the job of an evangelical Christian chaplain to evangelize. It's protected by the First Amendment's guarantee of free exercise of religion." Your response to that?

WEINSTEIN: Well, I would say that Tom Minnery may not like it, but that we do have something called the U.S. Constitution. And that statement is garbage and preposterous because what happens is, you know, he doesn't understand that it's perfectly fine to gloriously and comprehensively celebrate your faith whatever that may be or no faith. You just cannot engage the machinery of the state.

And the people at Focus on the Family and the evangelical fundamentalist Christian right, they don't get that, they don't get what they don't get. I mean, I'm not an electrical engineer. I get that I don't get double E.

They don't get that they don't understand the Constitution. You can't engage the machinery of the state when you do this. I checked my pocket Constitution right before I went on the air. There is no special deal for chaplains. They're not to be treated any differently than anybody else. That is not their job.

The department of defense is not a mission field for evangelical Christians. There is not low hanging fruit there that should be guaranteed.

Now, with this smoking gun letter that my lawyers got 400 minutes after I filed the federal lawsuit, after waiting for 90 days, clearly indicates that whereas before we thought this was an implicit philosophy within the military, we now find out that apparently it's explicit.

It's astonishing and disgraceful, particularly when we're being told that we're fighting a fascistic theocracy in the Middle East. How do you think this makes us look.

PHILLIPS: Well, Mikey I'm looking at the letter.

WEINSTEIN: How do we look?

PHILLIPS: I'm looking at the letter. It says there is no existing Air Force policy endorsing the evangelizing of the unchurched. However, the Air Force saying they did withdraw this document that permitted chaplains to evangelize military personnel that were unchurched. Do you believe that's a gray area? I mean, are you saying there's a difference between policy and a document?

WEINSTEIN: Kyra, please. I mean the mind boggles at what the operational definitions of those particular nouns and verbs in that crazy sentence, although we won't proselytize, we do reserve the right to evangelize the unchurched, means. It's preposterously unconstitutional.

Who said that anyone has a hunting license to go out and get somebody if there's an atheist or an agnostic. What does it mean if you're unchurched?

Is a Jew who only goes to synagogue on Rosh Hashanah or Yom Kippur, a Catholic that just goes to mass one a year, a Protestant that goes to Easter sunrise services or midnight -- or, you know, Christmas Eve services?

Who determines who is unchurched? This is preposterous. And I want to quote you something. There's an old litigator's theory called the 13th Stroke theory. Have you heard of that one, Kyra?

PHILLIPS: No, tell me.

WEINSTEIN: It's like the 13th stroke of a crazy clock that casts doubt not only upon that hour but indeed all that precede it. Finding the smoking gun document that the Air Force admitted to us, to us is the 13th stroke.

And I can assure you that my lawyers and I will be coming with full force to find every document related to that.

PHILLIPS: All right, Mikey final questions. The Air Force saying they withdrew this document. All right, and we read it as quoted. The Air Force also giving a statement, "The U.S. Air Force is committed to defending the rights of all our men and women whatever their beliefs. It would be inappropriate to comment further on Mr. Weinstein's lawsuit at this time."

Let me ask you a question. Since they withdrew this document, they, of course, say it's not a policy, this document, are you willing to drop the lawsuit? And in addition to that --

WEINSTEIN: Absolutely not, no.

PHILLIPS: All right, well let me -- so how do you rectify this situation?

For those that are going to the academy, say, they're interested in the Jewish faith, the Muslim faith, the Christian faith, are you saying there should be all faiths represented at the academy, a chaplain standing by, a rabbi standing by so if anyone has a question about faith, they call it the unchurched, that they will have the options to seek out whatever interests they have?

WEINSTEIN: Well, of course, that's what it is. And everyone should be completely free to do that voluntarily.

No one, we're asking the court to enjoin the Air Force from having any of its members ever engage again in evangelist or proselytivic (ph) activity or anything else where they involuntarily try to convert, exhort, pressure or persuade a fellow member to mess with their religious beliefs while they are on duty and to ensure neutrality between religion and religion in the A Air Force and DOD and between religion and no religion.

At this point, to answer your question, I'm not dropping my lawsuit. I want them to tell the federal judge that, we're in court. It's one thing to send out a letter right before a three day weekend and think that it's going to go into the ether or into a vacuum. We're in court. Tell it to the judge, ma'am. Tell it to the judge.

PHILLIPS: Mikey Weinstein, appreciate your time.

WEINSTEIN: Thank you.

VELSHI: Of course, you just brought up judges, so I'm going to pick it up right there.

Just ahead, the nominee and the nominator,, is Supreme Court candidate Harriet Miers too close to President Bush? We'll find out what you think.

PHILLIPS: And after the earthquake, millions of people are homeless as winter moves in. What new threats do they face?

(COMMERCIAL BREAK)

PHILLIPS: And welcome back. You're in THE SITUATION ROOM.

VELSHI: Our Zain Verjee joins us now from the CNN Center in Atlanta. She's got a closer look at other stories that are making news.

Hello again, Zain.

VERJEE: What does it feel like being in THE SITUATION ROOM? I see you're already on chairs. Wolf doesn't sit down.

VELSHI: No, no, we're done. We are toast.

PHILLIPS: You know what else? Wolf doesn't wear three-inch pumps. Thank goodness.

VELSHI: I got nothing to say about that.

VERJEE: Government sources tell CNN last week's apparent threat, that New York's subways faced a bomb threat was nothing but a hoax. They say officials have determined after an investigation that an informant was lying about the alleged terror plot. Thousands of additional police had patrolled New York subways through the weekend.

Stay tuned to CNN day and night for the most reliable news about your security.

New York Attorney General Eliot Spitzer is banning the sale of stun guns on eBay in New York state. The guns are illegal in New York, but Spitzer's office was able to buy 16 stun guns through eBay's Web site. Investigators posed as customers. One stun gun looked just like a cell phone and only cost $50. EBay cooperated in Spitzer's investigation.

Violence flares in Iraq with just four days to go before Iraqis vote on a new constitution. A suicide car bomb exploded in Baghdad today, killing at least four people. Police say the bomber targeted an Iraqi army convoy. In northwest Iraq another suicide car bomb detonated at a crowded market in Falafa (ph), killing 30 people. And one person is dead after two bombings in Mosul.

Back to you guys.

PHILLIPS: Zain, thanks.

Jack Cafferty, time again for the man of the hour.

VELSHI: We never know what kind of shoes he wears. You never see Jack's shoes.

PHILLIPS: That's true. Oh, boy. He's once again -- in a great mood. You got everybody in here laughing once again. Hi, Jack. You don't have to say anything, Jack.

CAFFERTY: When did this turn into Eyewitness News?

Harriet Miers is a big fan of President Bush, according to newly released documents that show correspondences between the two. In these letters, Miers calls Bush the best governor ever, calls him and his wife, Laura, cool, and the greatest. The question is, is the relationship between the president and Harriet Miers too close for comfort? Marilyn in Sedona, Arizona -- "Yes. Harriet and the president have too close a relationship. She has too much history with him, too much to be grateful for. She owes him too much to be unbiased. Her decisions will always be made in his favor."

Mel in Cornwall-on-Hudson in New York: "What scant paper trail Harriet Miers has left suggests not just a counselor, but a sycophant. Bush is not trying to put a distinguished legal mind on the nation's highest bench, but a lap dog." Ernie in Alaska: "I think you're getting in a big tizzy about this closeness. The president wants to appoint someone without a paper trail of opinions, someone he knows, and someone the Democrats can't easily shout down. He did; Harriet Miers. As for the closeness, it sounds respectfully like good business camaraderie."

Julie in Detroit writes, "There's very little chance the judicial opinions of Harriet Miers will be impartial. Her close relationship with President Bush has undoubtedly been a key influence on her, and with so many key issues that lie at the heart of the president's political agenda potentially on the docket, objectivity is essential."

Joe in Amherst writes: "Bush and Miers are too close for my comfort. I find this more embarrassing than Clinton and Lewinsky. I wonder how Laura feels."

PHILLIPS: Oh.

VELSHI: Jack, what are you looking at there? CAFFERTY: Looking at the clock.

PHILLIPS: Oh, Jack!

Speaking of too close for comfort, Jack Cafferty, thank you so much.

Straight ahead, Supreme Court showdown.

VELSHI: The blogs are buzzing about the president's pick. We'll have "The Situation Online." You are in THE SITUATION ROOM.

(COMMERCIAL BREAK)

VELSHI: All right. You're in THE SITUATION ROOM. Kyra will enjoy taking the rest of the show because I'm going to be so fired after this. Earlier we reported that activist and rock star Bono will appear at a fundraiser for conservative Senator Rick Santorum. Apparently I've been hoaxed. We've now heard from a spokesperson for the advocacy group co-founded by Bono denying that U2 is performing to raise money for Santorum. U2 is appearing in Philadelphia that night but for a regularly-scheduled concert. We'd like to correct ourselves for the record.

Kyra, it's been great working with you.

PHILLIPS: Every now and then we get a little bad information. You're not going anywhere.

VELSHI: I know how it feels to be Mike Bloomberg right now.

PHILLIPS: At least we didn't get a Howard Stern call.

VELSHI: Yeah, that's true. I hear you.

PHILLIPS: You're in THE SITUATION ROOM. We're plugged into what's happening online. Today the buzz is about the Supreme Court nominee.

VELSHI: Abbi Tatton, our Internet reporter, is here to take us "Inside the Blogs."

Hello, Abbi.

ABBI TATTON, CNN INTERNET REPORTER: Hello, Ali, how are you?

There's been a lot of laughter today about the fact that Harriet Miers seems to think the Bushes are cool. But in addition to that, there's a lot of discussion and heated debate about this nominee, as there has been over the last week, especially amongst the conservative bloggers.

We wanted to show you this site, RightSideRedux.com; this is Justin Hart (ph) in Virginia, who's been trying to track where everyone stands on this nominee. This is bloggers, columnists, senators -- in this chart right here. Solid for Miers, you can see lots of Republicans there, including President Bush, his wife and Hugh Hewitt -- HughHewitt.com radio talk show host and blogger who has been supporting this nominee all along.

But it's this area that we wanted to point out to you -- those bloggers, especially conservatives, who think that this nomination is a bad choice, period. Bloggers, for example, like MichelleMalkin.com and also at the National Review site. Catherine Lopez, who says, "I want to believe, but just cannot manage it right now." Also at RightSideRedux, compiling all the pro-Miers arguments and the anti- Miers arguments for you. So if you don't have time, Kyra and Ali, to sift through 19 million blogs for conservative reaction, you might want to try this site.

Back to you guys.

VELSHI: Abbi, thanks so much. Abbi Tatton in the blogs.

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