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American Morning

Conservatives Get Their Man; CIA Leak Fallout; Stroke and Air Pollution

Aired October 31, 2005 - 09:02   ET

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

(BEGIN VIDEO CLIP)
GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: Sam Alito has shown a mastery of the law, a deep commitment of justice.

(END VIDEO CLIP)

SOLEDAD O'BRIEN, CNN ANCHOR: Conservatives get their man. Judge Samuel Alito nominated for a spot on the Supreme Court just an hour ago. The president calls him tough, but fair, and Democrats already are signal a fight on this AMERICAN MORNING.

ANNOUNCER: From the CNN Broadcast Center in New York, this is AMERICAN MORNING with Soledad O'Brien and Miles O'Brien.

S. O'BRIEN: Good morning, everybody. You're looking at a beautiful day here in New York. We are a split show this morning. We're covering both President Bush's announcement from the White House just about an hour ago, where he named Judge Samuel Alito to the Supreme Court as his nominee. Also, Miles is in New Orleans this morning.

Hey, Miles. Good morning.

MILES O'BRIEN, CNN ANCHOR: Good morning, Soledad. Welcome back from your break.

Take a look at this scene over here in New Orleans. I mean, it really is a beautiful day here, the palm trees and the traffic. And if you didn't know what happened nine weeks ago, you might say it's just another day in the Crescent City.

But then you look over here and you see the boards, which were probably put up before Katrina came through, and you see some of the remnants of what happened here. Take a look over here.

You see a lot of these signs here for glass contractors and so forth for obvious reasons. But look in here. This is all shattered. There was a looting attempt here, but those bars saved this Foot Locker from losing its stock.

Let's go down to this next store here. This one is still shut down. It's completely pristine. In other words, nobody has gone into these places.

This is nine weeks later. Just got some power here fairly recently.

Check this out. This is a General Nutrition Center. It's like a time capsule from August 28th, the day before.

Nobody has gone in there. FedEx is trying to deliver some packages here. Nobody's here to do it. So -- and this gives you a sense of what's going on here, because across the street there are some stores that are open.

You go around the corner here, this is the Ritz-Carlton, that they're trying to renovate. They're doing the work still. Huge, huge generators there to get that work done.

So, I guess you just -- literally, walking down this street, you see the full range of where this city is right now, from boarded up, to broken up, to disregarded, to repairing. It's all right here on Canal Street, and all this week we're going to be taking a look at how this city is doing nine weeks later -- Soledad

S. O'BRIEN: You know, I can't decide if it's a good and hopeful sign that FedEx is, you know, trying to deliver a package, or if it's sort of a bad sign that FedEx is sitting there trying to deliver a package, and it's just an indication of how messed up things are that they're not getting in anytime soon.

M. O'BRIEN: Well, you know, that's certainly a plug for FedEx. That wasn't product placement. That's the way it is.

But obviously this store -- this store, clearly, whoever is running the store, owns this store. They're not ready to even contend with what you have to deal with here, which is a lot of cleanup and a lot of work -- Soledad.

S. O'BRIEN: Tons and tons of work. All right, Miles. Thanks for the little tour there. Appreciate it.

Let's get to our top story this morning. President Bush nominating Judge Samuel Alito. And in fact, he wants the judge confirmed to the Supreme Court by the end of the year. Judge Alito nominated just an hour ago.

We start with Dana Bash. She's live at the White House for us this morning.

Hey, Dana. Good morning. Experience, experience, experience is what we heard this morning.

DANA BASH, CNN WHITE HOUSE CORRESPONDENT: You can probably say that a few more times, because it is definitely what we are going to be hearing throughout the day and throughout this process. And it is not an accident. It is an exact contrast to what Harriet Miers didn't have going for her, and that was really the reason in the end that she -- one of the many reason, actually, she was doomed.

When Harriet Miers withdrew her nomination Thursday, immediately Bush officials told us that they're going to learn their lesson. And the first lesson is that people sort of said that perhaps they wanted somebody from outside the judicial monastery, meaning outside of the judicial bench, but they didn't mean it. And that this next pick would be somebody with a clear record.

And according to officials this morning, really as soon as Miers withdrew it was pretty clear that Samuel Alito would be next in line. As a matter of fact, the president first met with him back in June or July over the summer when he was going through his first round of interviews, talking about who he would pick for the John Roberts' slot.

So this is somebody who the president is clearly comfortable with. And he is somebody that the White House is very comfortable with in terms of the conservative base, who were so angry, so upset over the Miers nomination. Already, you're seeing the statements pouring in from the same conservative groups that very much opposed Miers, saying they very much support Sam Alito.

S. O'BRIEN: Dana Bash at the White House for us.

Dana, thanks.

Well, step one is done, name your nominee. Step two, get him right to Capitol Hill.

That's where we go right now. Ed Henry is live for us there.

Hey, Ed. Good morning.

ED HENRY, CNN CONGRESSIONAL CORRESPONDENT: Good morning.

It's interesting. As Dana mentioned, the conservative groups now voicing support for Judge Alito. The same Democrats who had an open mind about Harriet Miers now putting out very hard-hitting statements, immediately going on the attack against Judge Alito.

The bottom line is that we saw 78 votes, bipartisanship for Chief Justice John Roberts. But that was much different. That was for a seat, the seat of Chief Justice William Rehnquist, a conservative. This is the seat of Sandra Day O'Connor, the swing vote, the fifth vote on abortion, affirmative action, all across the board.

So, this morning, we saw Senate Democratic leader Harry Reid charging immediately that he feels this pick is basically -- seems to him to be outside of the mainstream. And there was very little consultation from the White House.

Senator Reid saying, "Unlike previous nominations, this one was not the product of consultation with Senate Democrats. Last Friday, Senator Leahy and I wrote to President Bush, urging him to find a consensus nominee. The president has rejected that approach.

Senator Edward Kennedy adding -- a Democrat, obviously, on the Judiciary Committee -- the president hopes Judge Alito will "stop the massive hemorrhaging of support on his right wing." That might sound ominous to some, but in fact that's music to the ears of conservatives, as Dana mentioned.

They are thirsting for a fight with Democrats instead of a fight within the Republican Party. And in fact, I can tell you, Republicans here on the Hill circulating a 1990s statement by Democrat Frank Lautenberg when Judge Alito was up for the appellate judgeship in 1990.

Senator Lautenberg said, "Mr. Alito has the experience and skills to be the kind of judge the public deserves: impartial, thoughtful and fair." Republicans couldn't agree more -- Soledad.

S. O'BRIEN: Well, it's only just beginning, right?

HENRY: That's right.

S. O'BRIEN: Ed Henry for us. He's on Capitol Hill.

Thanks, Ed.

Well, he's got a clear record, and it's a record that conservatives like.

Let's get right to Jeff Toobin, talk about that.

Good morning.

JEFFREY TOOBIN, CNN SR. LEGAL ANALYST: Hi.

S. O'BRIEN: So, let's talk about specific cases, because many times they say it's not a litmus test on affirmative action, and they don't want a litmus test on abortion. Of course those are the things people focus on.

TOOBIN: And especially abortion. And, you know, what we have seen with Samuel Alito is one opinion in particular will be, I think, in the focus of enormous attention in this nomination battle.

In 1991, he ruled that a Pennsylvania law that said women who wanted to get an abortion, who were married, had to inform their husbands. Judge Alito said that was constitutional. The United States Supreme Court took an opposite view, said it was unconstitutional, said it was an interference, an undue burden on a woman's right to choose abortion.

That is a, many people believe, an indicator on where he stands on the whole issue of abortion, on overturning Roe v. Wade. And it's going to get a lot of attention.

S. O'BRIEN: Yes, no question about that, I think. Any other cases?

TOOBIN: Well, there is another case later on, where in 2000, the Supreme Court and the decision by Justice Stephen Breyer, with Justice Sandra Day O'Connor in the majority, said that a Nebraska law, partial birth -- banning the practice of late-term or partial birth abortion was unconstitutional. Nebraska interfered with a woman's right to choose.

Judge Alito honored that precedent. He used that precedent in striking down a similar law.

So, you know, he is a lower court judge. He has to follow the Supreme Court. If he becomes a Supreme Court justice, you have a lot more flexibility regarding precedent. And that was kind of clearly a reluctant following a precedent by Judge Alito.

We'll see how he stands. And we'll see how he expresses himself in the Supreme Court nomination hearings, because questions about the right to privacy about Roe v. Wade will be enormous.

S. O'BRIEN: It's only just beginning.

TOOBIN: It...

S. O'BRIEN: As we like to say.

TOOBIN: The nomination is an hour and 10 minutes old.

S. O'BRIEN: We've got a long way to go.

TOOBIN: There you go.

S. O'BRIEN: Jeff Toobin. Thanks.

Let's get right to the other stories that are making news today. Carol has those.

Good morning again.

CAROL COSTELLO, CNN ANCHOR: Good morning, Soledad.

Good morning to all of you.

More American troops coming under attack in Iraq this morning. A total of six U.S. soldiers killed in two separate roadside bombings today. One of the incidents taking place south of Baghdad. About 90 U.S. troops have died in Iraq this month alone.

Two U.S. soldiers are being charged with assaulting detainees in Afghanistan. The military says the soldiers are accused of punching detainees on the chest, shoulders and stomach. The U.S. military spokesman told the allegations extremely serious and said the coalition is committed to treating all persons with dignity and respect.

Security extra tight around New Delhi, in India, after some deadly explosions. At least 59 people were killed over the weekend, more than 200 injured after a series of blasts ripped through the city. The violence coming as people are observing the Hindu Festival of Lights.

The Bush administration is getting ready to unveil a strategy for dealing with the next super flu. The announcement is expected to come tomorrow, when President Bush visits the National Institutes of Health. Senior officials say the plan will include recommendation on how to isolate the sick. And governors and mayors are expected to be put in charge of deciding who will dispense the vaccinations.

And there is a bit of good news in South Florida. Electricity is expected to be restored a week sooner than anticipated. Florida Power and Light now estimates 95 percent of customers who lost power in Hurricane Wilma will have it back on by November 8.

Also, the lines for gas are said to be getting shorter as more neighborhoods gain electricity. But the remaining power outages are keeping schools closed. Officials hope to reopen by Wednesday. We'll keep you posted.

Let's head to the CNN Center and check in with Jacqui Jeras.

(WEATHER REPORT)

JACQUI JERAS, CNN METEOROLOGIST: Miles, we're going to go back to you. And you're out on the streets of New Orleans this morning, literally.

M. O'BRIEN: Yes, I am, Jacqui. We're taking a drive. We're taking a drive down Canal Street, just kind of checking out the scene here.

It's a beautiful day. And there's a lot of traffic, which says a lot about what's going on here.

Get outside in the neighborhoods, a very different story. We're going to show you all that as we spend the week here in New Orleans.

In just a few moments, we're going to check in with Oliver Thomas. You've heard from him many times in the nine weeks since Katrina. He's the president of the New Orleans City Council. And we'll ask him how things are going from this perspective. Can this city get back to where it was?

More in just a moment.

(COMMERCIAL BREAK)

S. O'BRIEN: Well, news of a Supreme Court nominee has done, to a large degree, what the White House is probably hoping for. No one has used the words "Scooter Libby" at all this morning.

Let's talk a little bit about the fallout from his five-count indictment that was announced last week. Christopher Wolf is an attorney for Joe Wilson and Valerie Plame. He joins us from Washington.

Nice to see you, Chris. Thanks for being with us.

CHRISTOPHER WOLF, ATTORNEY FOR JOSEPH, VALERIE WILSON: Good morning, Soledad. How are you?

S. O'BRIEN: I'm well, thank you.

Let's get right to their reaction. You've obviously spoken to them. Do they feel vindicated? Is that the right word to use?

WOLF: Well, they're confident that justice will ultimately be done in this case. And obviously this is an important end of the first act and the beginning of the second act of Mr. Fitzgerald's investigation.

S. O'BRIEN: Meaning what should be in the second act? You've got an indictment against the aide to the vice president. What do you see as part two?

WOLF: Well, we need to remind ourselves what this case is fundamentally all about. Joe Wilson took a trip to Niger, came back, reported on his findings. And he felt those findings were being misrepresented with respect to Iraq, trying to obtain nuclear fissionable material from Niger.

He tried to have those findings corrected. But instead, the -- what the administration -- he then had to write an op-ed to make his position known. And as a result, the administration, instead of saying that Mr. Wilson was right or wrong, started a whispering campaign against him and against his wife, and as we now know, leaked her CIA identity.

S. O'BRIEN: So then, in his mind, Joe Wilson and Valerie Plame's minds, the indictment is indicative of retaliation, that in fact retaliation took place?

WOLF: Well, clearly, the presentation in the long multi-page indictment suggests that there was this very high-level effort going to the office of the vice president. And also, he cites steps made by the president's top aides to leak information to reporters rather than to address Mr. Wilson's statements head on, to try to discredit him and to discredit his wife.

The only problem with that was his wife was a covert CIA agent, an expert on weapons of mass destruction. And by doing that, they totally destroyed her career and put in jeopardy not only her safety, but that of her contacts around the world. That was a serious breach of national security.

S. O'BRIEN: Let's talk about some of that fallout. Did you know Valerie Wilson -- Valerie Plame -- Valerie Wilson worked for the CIA?

WOLF: I did not. And no one else did, either. And certainly had that been known, I probably would have known it since I'm her next-door neighbor. I came to be her lawyer because I started providing them with observations, and then they retained me to counsel them on what was happening in the leak investigation.

S. O'BRIEN: OK. So in addition to, as you point out, careers ruined, what's the other fallout?

WOLF: Well, obviously Valerie Wilson's privacy has been completely invaded. She was, by definition, the ultimate private person as a covert CIA operative, who for decades served her country in a completely secret capacity.

She sought no acclaim, received none. That was the nature of her job. And by outing her, what the White House did was make her the subject of worldwide attention, something she has never sought, never wanted, and dislikes very much. Beyond disliking it, its put her, her family and her contacts in jeopardy.

S. O'BRIEN: Well, we'll se what the rest of the fallout is. Chris Wolf is an attorney for the Wilsons.

Thanks for talking with us.

WOLF: Sure. Glad to be here.

S. O'BRIEN: It's nice to see you.

We should mention Joe Wilson is going to appear tonight on a special edition of CNN's "THE SITUATION ROOM" at 7:00 p.m. Eastern Time.

Still ahead this morning, the dirty truth about air pollution. The stunning collection -- connection, rather, to strokes, maybe.

That's ahead on AMERICAN MORNING.

(COMMERCIAL BREAK)

S. O'BRIEN: No surprise that dirty air is bad for you. Now we're learning, though, about a danger that's not related to lung problems.

Elizabeth Cohen is live at the CNN Center. She's got a "House Call" for us this morning.

Hey, Elizabeth. Good morning.

ELIZABETH COHEN, CNN MEDICAL CORRESPONDENT: Good morning, Soledad.

Soledad, when you breathe in it dirty air, sometimes you can feel it, you can feel, as you said, what it's doing to your lung. But this research shows that it's also doing something to many other parts of your body.

(BEGIN VIDEOTAPE)

COHEN (voice over): Just how harmful is air pollution? Researchers are finding pollution not only makes it hard to breathe, dirty air can also raise your risk of stroke, the third leading cause of death among Americans.

In a study of over 150,000 cases of stroke, Harvard scientists identified a one percent higher risk for the most common type of stroke on days with high air pollution. One percent may not sound like a lot, but 700,000 cases of stroke are expected this year in the U.S. That one percent can contribute to thousand of additional life- threatening incidents.

GEORGE THURSTON, NYU DEPT. ENVIRONMENTAL MEDICINE: We have evidence of what we thought, that air pollution does in fact have severe long-term health effects on the population across the United States.

COHEN: Researchers are not sure yet how pollution contributes to stroke. They suspect that inhaling solid particles in the air changes blood clotting patterns and increases heart rate and blood pressure. Those are the same cardiovascular effects responsible for another known risk factor linked to air pollution, heart disease. Recent studies show that high levels of air pollution can raise the risk of heart attacks by up to 50 percent.

THURSTON: The thing about air pollution is that it's so pervasive, and that people really don't have any choice but to breathe the air.

COHEN: So what can you do to protect yourself from the noxious air out there? Here are some tips.

Number one, reduce your exposure. Stay indoors as much as possible on days when it's hot and humid, especially when the EPA's air quality indicates unhealthy levels of air pollution in your area.

If you do have to venture out, avoid early morning and late afternoon rush hours. That's when air particle concentrations are at their peak. When you exercise outdoors, stay away from workout locations close to heavy traffic.

At home, turn on your air-conditioning unit, and keep the windows closed.

And finally, consider using an air purification machine with a HEPA filter in your bedroom when you sleep at night.

These tips are especially important when people have existing cardiovascular or respiratory problems. But they can help every one of us breathe a little easier.

(END VIDEOTAPE)

COHEN: Now, when may of us think of air pollution, we think of things like noxious gasses, like carbon monoxide. But in fact, what you can't see is that there are actually metals in that pollution, and those form those particles that we breathe. And in many ways, those particle, those metals, that's what's doing the damage -- Soledad.

S. O'BRIEN: So, if you're trying to protect yourself from having a heart attack or a stroke, should you wear a mask on? I mean, maybe, I don't know, go out and run with a mask on? Would that help?

COHEN: Well, the experts we talked to said that if you're going into an area that's particularly densely polluted, I mean, you can really see the exhaust coming out, then maybe you might want to consider a mask. But they said for the average person who is going out on an average kind of day, where there's some pollution but not that kind of dense pollution, that a mask probably isn't warranted. And if you're especially concerned, what you really ought to be doing is staying indoors.

S. O'BRIEN: That's right. Yes, I guess, running with a mask, you might as well just stay indoors.

COHEN: Right. Stay inside. Go to the gym.

S. O'BRIEN: That's a good sign, right?

COHEN: That's right.

S. O'BRIEN: You've got the mask on, just stay home.

COHEN: Right, just stay home.

S. O'BRIEN: All right, Elizabeth. Thanks.

COHEN: OK, thanks.

S. O'BRIEN: Coming up this morning, the inside scoop on the president's new Supreme Court nominee. We're going to talk to a former clerk for Judge Samuel Alito.

That's ahead on AMERICAN MORNING. We're back in a moment.

(COMMERCIAL BREAK)

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