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CNN Live Today

Who is Alito?; U.S. Military Deaths in Iraq; CIA Leak Case

Aired November 01, 2005 - 11:00   ET

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

DARYN KAGAN, CNN ANCHOR: Let's take a look at what's happening "Now in the News."
President Bush lays out his national strategy for battling a possible flu pandemic. The main concern centers on bird flu and its potential to overwhelm the country's medical capabilities.

(BEGIN VIDEO CLIP)

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: In a pandemic, an infection carried by one person can be transmitted to many other people. And so every American must take personal responsibility for stopping the spread of the virus.

To provide Americans more information about pandemics, we're launching a new Web site: pandemicflu.gov. That ought to be easy for people to remember, pandemicflu.gov. The Web site will keep our citizens informed about the preparations under way.

(END VIDEO CLIP)

KAGAN: Mr. Bush's strategy includes a more than $7 billion funding plan to help the U.S. prepare for a possible pandemic.

An investigator with the U.S. military recommends that a National Guard soldier face court-martial on charges of killing two of his superiors in Iraq. And the investigator also is raising the possibility of a death sentence. The soldier, Staff Sergeant Alberto Martinez, is charged with killing a captain and lieutenant. The investigator says he found reasonable cause to believe Martinez used a mine and three grenades to carry out what he was a personal vendetta.

Congressman Tom DeLay due back in court this hour, seeking the removal of the judge assigned to his criminal trial. Lawyers for the Texas Republican say the judge has contributed to Democratic candidates and causes and may be biased in this politically-charged case.

DeLay was forced to step down as House majority leader after he was charged with criminal conspiracy and money laundering. He has denied any wrongdoing.

Britain's Prince Charles and his wife, Camilla, officially kick off their eight-day visit to the U.S. today. The first stop, New York City. The couple will unveil a memorial to victims of the 9/11 terrorist attacks. Charles and Camilla, the Duchess of Cornwall, will also dine at the White House with President and Mrs. Bush. And later, they'll stop in hurricane-ravaged New Orleans. They also will visit San Francisco.

Good morning. Welcome back to CNN LIVE TODAY. Let's check some of the time around the world.

It's just past 11:00 a.m. in Washington, D.C.; just after 4:00 p.m. in London; and a little bit after 7:00 in Baghdad.

I'm at CNN Center in Atlanta. I'm Daryn Kagan.

Up first this hour, conservatives are singing his praises, Democrats are sounding a note of caution about President Bush's latest Supreme court nominee. A day after his nomination, Judge Samuel Alito is back on Capitol Hill this morning, courting key senators who will vote on whether he gets confirmed. He met last hour with Republican Senator Mike DeWine of Ohio.

Our congressional correspondent, Ed Henry, is on the Hill as Judge Alito makes his rounds.

(BEGIN VIDEOTAPE)

ED HENRY, CNN CONGRESSIONAL CORRESPONDENT (voice over): Judge Alito's first stop in the Capitol, paying his respects to Rosa Parks, the civil rights pioneer lying in honor under the rotunda, a solemn start to a battle that's getting ugly fast, with Democrats saying symbolism only goes so far.

SEN. CHARLES SCHUMER (D), NEW YORK: His record, as I'm sure Rosa Parks would agree, is much more important. A preliminary review of his record raises real questions about Judge Alito's judicial philosophy and his commitment to civil rights, workers' rights, women's rights.

HENRY: Democrats charge Alitos is a sop to conservatives, who are irate over the Harriet Miers debacle.

SEN. PATRICK LEAHY (D-VT), JUDICIARY COMMITTEE: I am concerned that the nomination may be a needlessly provocative nomination. The president chose to reward one faction of his party

HENRY: With Democrats dropping hints of a filibuster, Republicans are already trying to head it off.

SEN. MITCH MCCONNELL (R), KENTUCKY: What we guarantee you is a dignified process here, a respectful hearing. And at the end of that process, an up-or-down vote, as has always been the case on Supreme Court nominees throughout the history of the Senate.

HENRY: Even though that standard did not seem to apply to Miers.

SEN. EDWARD KENNEDY (D), MASSACHUSETTS: I feel sorry for the -- Ms. Miers, who really never got a chance to have a hearing, let alone have a vote. HENRY: The real power may rest in the hands of the bipartisan gang of 14 moderates, who earlier this year averted a nuclear showdown over filibusters against the president's lower court nominees.

(END VIDEOTAPE)

KAGAN: So here's the thing about running an Ed Henry piece. It brings Ed Henry questions. Not enough just to run his piece, so in a little bit we will have Ed Henry live to talk more about Judge Alito as he makes his way around Capitol Hill today.

We have heard a lot about the president's Supreme Court nominee. He is 55 years old. He's the son of an Italian immigrant. He is a rabid Philadelphia Phillips fan and someone who actually predicted this day would come.

CNN's Kelly Wallace has a closer look at Judge Samuel Alito.

(BEGIN VIDEOTAPE)

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: And congratulations on your nomination.

KELLY WALLACE, CNN NATIONAL CORRESPONDENT (voice-over): He goes by Sam, not Samuel, loves baseball, played as a little boy growing up in New Jersey, and did so well on his elementary school assignments, his now 90-year-old mom said his teachers grew suspicious.

ROSE ALITO, JUDGE ALITO'S MOTHER: Sometimes that they were so good that the teachers would think that he did not do them, and that would hurt him very much.

WALLACE: But his confidence was clearly not shaken. In his senior yearbook at Princeton University, he said he intends to go to law school -- he went to Yale -- and eventually to warm a seat on the Supreme Court.

JUDGE SAMUEL ALITO, SUPREME COURT NOMINEE: That was a college joke. I think my real ambition at the time was to be the commissioner of baseball.

WALLACE: His resume: federal prosecutor during the Reagan administration, arguing 12 cases before the Supreme Court; a former top prosecutor in New Jersey; and a federal appeals court judge for the past 15 years. His former colleagues say the father of two is incredibly smart, somewhat reserved, and someone who works like a dog.

PAUL FISHMAN, ALITO'S FORMER COLLEAGUE: He's not someone who, if there's a television in the room, will flip it on to watch the news, necessarily. He will actually sit at his desk and do his work. And as a result of that, I think he can sometimes run circles around other people, because he just does it faster and longer than other people who are doing the same thing.

WALLACE: Jay Jorgensen clerked for Alito back in 1997. He said half of the judge's clerks are always liberal, half conservative. JAY JORGENSEN, FORMER ALITO LAW CLERK: In the entire time I worked for him, even though we talked about so many things, I never found out what his personal political views are, because again, he does not bring his personal political views to work.

WALLACE: Alito's critics don't necessarily agree.

BRUCE ACKERMAN, YALE UNIVERSITY: I don't think conservative is the word. This person is a judicial radical.

WALLACE: One of Alito's most controversial opinions was back in 1991, when he argued to uphold a Pennsylvania law requiring married women to inform their husbands before an abortion. But Alito supporters point to another decision, this one in 2000, in which he ruled that a New Jersey law banning partial birth abortions was unconstitutional.

JORGENSEN: If he was against abortion or for abortion and was injecting that personal view into his cases, they would both come out that way, but they don't.

WALLACE (on camera): Alito's former law clerks might not know where he stands on abortion but his mother said she does, telling The Associated Press, "Of course he's against abortion," a statement that will likely be used by both sides during what is expected to be a bitter confirmation battle.

Kelly Wallace, CNN, New York.

(END VIDEOTAPE)

KAGAN: And now to Iraq. One of the bloodiest months for U.S. troops ends, and a new month begins with more violence. One Iraqi civilian was killed, several police and soldiers were injured in attacks today. Insurgents struck in and around Baghdad. And in the northern city of Kirkuk.

A U.S. soldier was killed by a roadside bomb in Anbar province yesterday. That brings the total number of U.S. troops killed during October to 94.

Among the casualties in Iraq during October was the highest ranking U.S. officer to die in combat during this war. Colonel William Wood was killed by an improvised explosive device.

Our Pentagon Correspondent Barbara Starr has more on this latest death.

Hello.

BARBARA STARR, CNN PENTAGON CORRESPONDENT: Well, hello to you, Daryn.

Now, of course October really wrapping up as one of the deadliest months for U.S. troops in Iraq. As you say, 94 troops dying in Iraq, the most deadly month since January, when 107 troops died in Iraq. So a lot of this leading to a lot of questions about what exactly is going on.

Now, the Bush administration, of course, continuing to point to political progress in Iraq. But we sat down earlier this morning with one of the top Army generals.

Lieutenant General James Lovelace is the head of Army operations and plans. And he gave us some very candid answers to just what the Army generals are seeing going on out there.

(BEGIN VIDEO CLIP)

STARR: Is that a new concern given the declining support in the polls?

LT. GEN. JAMES LOVELACE, U.S. ARMY: A new concern? I think that's something that we think about all the time. But as you share, as the polls start to reflect, this is something that we do concern ourselves with. It's probably a little bit more prevalent.

(END VIDEO CLIP)

STARR: And Daryn, a little more prevalent, of course what he is referring to there is public opinion and the general's concerns about public opinion, as it is declining in the polls across the United States.

Now, the military is in fact concerned about this rise in IED attacks. They are noticing, of course, this new type of improvised explosive device in Iraq that is really wreaking havoc.

These are explosively formed projectiles. That's a word you're going to hear a lot about. These are IEDs that are now able to punch through U.S. armor, tanks, Bradley vehicles, and even those up-armored Humvees that the U.S. has spent so much money trying to provide to U.S. troops in Iraq.

So the Army, of course, seeing what it can do to now counter against these new types of threats -- Daryn.

KAGAN: And Barbara, one question about Colonel Wood. He actually died not knowing that he had been promoted.

STARR: That is what the military tells us. That is what they are informing people about. And Colonel Wood, of course, then becoming the highest ranking Army officer to die in Iraq at the hands of the Army -- I mean, the forces in Iraq. But of course we will take the opportunity to say once again what everybody knows, every single death, every family in mourning for the loved one that they have lost in Iraq regardless of rank -- Daryn.

KAGAN: Very good point. Barbara Starr at the Pentagon. Thank you.

And we do expect to hear more about Iraq and other military matters during a Pentagon briefing with Defense Secretary Donald Rumsfeld. That's live coverage today around 1:15 p.m. Eastern. And now, as I promised, Ed Henry to answer the EHQs, the Ed Henry questions of the day.

Ed, you're not getting off so easy that you can just run your piece and go to lunch or something. It does not work that way on this show.

Let's talk about Judge Alito. He is making his rounds on Capitol Hill today. What happens in those meetings? And they would appear to be very important because those meetings really didn't do it for Harriet Miers.

HENRY: You're right. Normally, these are very routine. And I would say that, you know, this is just kind of going through the motions. But you're right, with Harriet Miers that all changed.

We saw the landscape change dramatically. She did not do well on these one-on-ones. And what you see is, since it's behind closed doors, these senators really want to try to pin down these nominees as best they can. That's difficult to do, obviously, but as best they can, to just get a sense of sort of how they would approach various issues.

For example, when Chief Justice John Roberts was making the rounds up here, a lot of moderate Republicans and Democrats were concerned about his views on abortion. They came out of those one-on- ones feeling basically that Chief Justice John Roberts is probably personally opposed to abortion, but they got the sense in these one- on-one meetings that he does not believe it's a good idea to overturn major precedents like Roe v. Wade.

Now, he never said that he would not overturn Roe v. Wade, but a lot of senators I've spoken to say they got a feel for him in those one-on-one meetings, and they got the sense that he would make a fantastic chief justice. With Harriet Miers, obviously a much different read. And that's what they're trying to get, is a read. It's just a quick read on this person.

KAGAN: And we should say there were people who had trouble with Harriet Miers that had nothing to do with her potential views would be on abortion.

Let's talk about some of the Democrats that have made it very clear that this would not have been their first choice for a Supreme Court nominee. But are we going to see filibuster, are we going to see the rise of the gang of 14? What do you predict as we go on down the line?

HENRY: The $64,000 question.

KAGAN: Yes.

HENRY: I basically think both sides are girding for a major battle. And we are going to see a partisan clash over the next few weeks. This is for all the marbles. Chief Justice John Roberts was believed to be a conservative replacing a conservative in William Rehnquist. This is now -- seems to be a conservative likely to replace a relative moderate on the swing seat, that fifth -- critical fifth seat on the Supreme Court.

This is for all the marbles. You're going to see a massive battle. I think you're going to see the gang of 14 meeting Thursday morning in John McCain's office to get a handle on whether or not they think there are extraordinary circumstances here to justify a Democratic filibuster.

The early read is that the gang of 14 is ultimately going to say, no way, that this person is clearly qualified, it does not justify a filibuster. And my bet -- and this is just an early bet - is that Democrats are going to make a lot of noise about how they're not happy with this pick, they were not consulted, et cetera, et cetera. But at the end of the day, in a few weeks from now, they're going to go right up to the precipice of a filibuster and realize that politically it's probably not a good idea.

The president is in tough political shape right now. Everyone knows that. My sense up here is that, if the Democrats were to launch a major filibuster on this, it might hand the president a weapon that would actually unite his party right now at a time when it's divided. It might not be a smart strategy for the Democrats.

That's all to be determined. But my sense right now is the gang of 14 will not think these are extraordinary circumstances justifying a filibuster. And at the end of the day, the Democrats are going to go right up to the edge, but not actually do it. Or, if they do it, they are not going to be able to sustain it. It's going to be very tough to sustain a filibuster right now.

KAGAN: Well, and see that, our viewers have now had the full Ed Henry experience. They can go on about their day, they've had their piece, they've seen you live.

HENRY: Good. And I can have lunch.

KAGAN: Thank you. And on to that three-hour lunch that you Capitol Hill reporters go to.

HENRY: No.

KAGAN: No, I know. Don't say that. Ed, thank you.

HENRY: Thank you.

KAGAN: Ed Henry.

KAGAN: President Bush is laying out his plan to fight bird flu. It's only, or is it, just a matter of time before bird flu hits the U.S.? I'll ask the U.N.'s top doctor about the growing concern around the world.

Plus, the British are coming. Not just any British. We're talking Prince Charles and his wife Camilla. They're coming to America. The royal trip details coming up.

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KAGAN: Vice President Dick Cheney's former chief of staff prepares for his first court appearance since his indictment. Lewis "Scooter" Libby will be arraigned Thursday on charges of lying and obstruction of justice. The vice president has already named David Addington to replace Libby as his chief of staff. John Hannah takes over Libby's duties as assistant for national security affairs.

National Security Correspondent David Ensor has more now on what is ahead for Libby in the CIA leak case.

(BEGIN VIDEOTAPE)

DAVID ENSOR, CNN NATIONAL SECURITY CORRESPONDENT (voice over): On Thursday morning, at the U.S. District Court, the vice president's former chief of staff will make his first appearance to hear the charges against him. He's expected to plead not guilty. Lawyers for Lewis "Scooter" Libby may have their work cut out for them.

RANDALL ELIASON, FMR. FEDERAL PROSECUTOR: This is not a sort of he said-she said, my word against yours case, this is a he said-they said. They've got a large number of people, according to the indictment, who are going to testify contrary to what Mr. Libby is going to say.

ENSOR: At the White House, the spokesman answered questions this way...

SCOTT MCCLELLAN, WHITE HOUSE PRESS SECRETARY: Under our legal system there is a presumption of innocence. We need to let that legal process continue. If people want to try and politicize this process, that's their business.

ENSOR: Former ambassador Joseph Wilson, the strident critic of the Iraq war and the husband of Valerie Wilson, the CIA officer alleged unmasked by White House officials, said that since then, his family has been threatened.

JOSEPH WILSON, FMR. U.S. AMBASSADOR: There have been threats. And as a consequence, we've been working closely with the appropriate law enforcement agencies. We've changed our phone number and taken other security measures.

ENSOR (on camera): If the trial goes ahead, the prosecution plans to call a succession of reluctant reporters and administration officials to try to show that Libby made false statements about what happened. Even the vice president could be called. Libby's friends are saying he's innocent and will fight. Others are predicting a plea bargain.

David Ensor, CNN, Washington.

(END VIDEOTAPE)

KAGAN: It was about a half-hour ago President Bush laid out his plan to combat the spread of flu, bird flu, in this country. After the break, we're going to go live to Hong Kong for reaction from where the avian flu has hit the hardest.

(COMMERCIAL BREAK)

KAGAN: Let's show you these live pictures coming in from southern California from Pico Rivera. That's about 11 miles southeast of downtown Los Angeles in the San Gabriel Valley.

A big fire underneath this bridge. LA County firefighters have their hands full at this time. Not sure at this point exactly what caused the fire, but they are working under the bridge and over the bridge and on top of the bridge trying to knock it down. We are told that there are homes in the area, but none appear to be in danger from the fire.

Taking a look at what else is happening "Now in the News."

President Bush this morning laying out his national strategy for battling a possible flu pandemic. You saw it live right here on CNN.

The president's $7 billion plan includes a program to develop U.S. vaccine-making capacity and a worldwide early detection program. Mr. Bush says in order to respond to a possible pandemic, the U.S. must have emergency plans in place in all 50 states.

(BEGIN VIDEO CLIP)

BUSH: Unlike seasonable flu, most people have not built up resistance to it. And unlike seasonal flu, it can kill those who are young and healthy, as well as those who are frail and sick. At this moment, there is no pandemic influenza in the United States or the world. But if history is our guide, there's reason to be concerned.

(END VIDEO CLIP)

KAGAN: Republican Senator Mike DeWine of Ohio meeting with Supreme Court nominee Samuel Alito this morning. Democrats consider DeWine one of several centrist Republicans. DeWine promises that he'll help Republicans overcome any possible delay by Democrats of a vote on the nomination. President Bush has called on the Senate to give Alito an up-or-down vote by the end of the year.

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