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CNN Live Today

Alito On Abortion; Troop Reduction In Iraq; Airport Crush; New York Transit Up And Running; Katrina On Tape; Holiday Travel Tips

Aired December 23, 2005 - 10:00   ET

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

KENDALL COFFEY, FORMER U.S. ATTORNEY: Be replacing Justice Sandra Day O'Connor, that critical, critical swing vote. I think this memo is going to be a major topic in the confirmation hearings.
SOLEDAD O'BRIEN, CNN ANCHOR: No question about that. Kendall Coffey for us this morning.

Kendall, thanks for helping us out.

Daryn Kagan's got much more on this story. She picks up the coverage now.

Hey, Daryn, good morning.

DARYN KAGAN, CNN ANCHOR: All right, Soledad, you have a great holiday weekend. You and Rick.

SOLEDAD O'BRIEN: Thank you. Likewise.

KAGAN: Thank you so much.

And we are going to talk a lot more about the new papers coming out concerning Judge Alito.

First, though, let's go ahead and take a look at what else is happening "Now in the News."

And we do begin with the developing story out of Washington. Supreme Court Nominee Samuel Alito saying in a 1985 document that the landmark Roe versus Wade ruling legalizing abortion should be overturned. The document is one of 45 new documents on Alito that was recently discovered by the National Archives and released today. We will have a live report on the significance of this and put it into context for you coming up.

Also in the news, troop reductions in Iraq. Defense Secretary Donald Rumsfeld today told troops in Fallujah that President Bush has authorized reducing the number of U.S. brigades in Iraq from 17 to 15. That's about 7,000 soldiers in all. Rumsfeld said that further troop cuts would be considered next year when Iraq's new government is in place.

An investigation is underway to ensure the results of Iraq's parliamentary elections, that they are on the up and up. A U.S. diplomat tells CNN that Iraqi and U.N. electoral officials are examining allegations of fraud in the December 15th vote. Secular, Shiite and Sunni Arab groups are considering boycotting the new parliament if their allegations of fraud are not addressed.

And Wal-Mart is fighting back. The retail giant says it will appeal a $172 million judgment that was awarded to thousand of employees who complained they were denied lunch breaks. A jury found Wal-Mart violated a state law that requires companies to give half hour unpaid lunch breaks to employees who work at least six hours.

Good morning, everybody, on this Christmas Eve Eve and Chanukah Eve Eve. I'm Daryn Kagan at CNN Center in Atlanta.

We're going to begin the hour with a new development surrounding Supreme Court Nominee Samuel Alito and the abortion issue. Alito apparently said in a 1985 document that the Roe versus Wade ruling should be overturned.

Right now I want to welcome in David Oblon, an attorney in Washington, D.C., to help us put this in context and how this might play out in the confirmation hearings of Samuel Alito. And I don't believe that is the right video. We should be dropping that right now. Thank you very much. Okay. And the confirmation hearings begin on January 9th.

David, good morning. Thanks for being with us.

DAVID OBLON, ATTORNEY: Good morning. Glad to be here.

KAGAN: OK. Let's take a deep breath here and step back, because it's a very emotional issue. First of all, this was written in a recommendation to the solicitor general on filing a friend of the court brief. Let's talk about that kind of a document to begin with.

OBLON: OK. Well an amicus brief, or a friend of the court brief, is a brief that is filed by a party that's interested in outcome of the particular case that may not be a party. So, for this instance, Alito was working for the government and he was urging that the government get in and file a brief saying the United States of America supports overturning Roe v. Wade. And he was trying to persuade the court as a third party for the particular outcome.

KAGAN: OK. That was not, obviously, successful because Roe v. Wade is still with us. Does this necessarily reflect a personal belief?

OBLON: Not necessarily. He was a Reagan attorney in the Justice Department at that particular point in time and Ronald Reagan was a pro-life president and his administration was following his policies. He was elected on that basis and he was acting as an attorney. I'm an attorney and I regularly represent causes that I don't personally believe in because I'm representing a client. And that's what he was doing in this particular instance.

KAGAN: So do you think it would be a mistake to make too much of this?

OBLON: Yes, it's a mistake to make too much of it. I mean, I don't think there's a person in America who thinks that Alito is a pro-choice person who warmly embraces Roe v. Wade. But he was an advocate at that particular point in time. He has said that he would enforce the law. He has recognize the power of staredecisis (ph), of precedent, and that's 20 years ago that that decision at the Roe -- that that moment was written. And since that time there have been a large number of abortion cases that have further embedded Roe v. Wade into our jurisprudence.

KAGAN: It will be one piece of information that certainly comes up when these confirmation hearings begin early next year on January 9th.

David Oblon, thank you for your insight as the Washington D.C. attorney today. Appreciate that.

Also, we'll be hearing from our Elaine Quijano who is at the White House for us today.

Meanwhile, there's other news to get to today.

Late last night, Congress punted its latest political football by temporarily extending parts of The Patriot Act that were set to expire at year's end. Virginia's John Warner was the lone lawmaker present as the Senate approved a five-week extension that was called for by the House. The House had earlier rejected a six-month extension by the Senate. President Bush is expected to approve that measure of the six-month extension.

The Bush administration is firing back on another anti-terrorism initiative revealed and criticized lately, electronic eavesdropping in the U.S. The Justice Department released this memo late yesterday backing the president's authorization of surveillance without court approval. Let's take a look.

It reads in part, "there is undeniably an important and legitimate privacy interest at stake with respect to the activities described by the president. That must be balanced, however, against the government's compelling interest in the security of the nation."

But former Senate Democratic Leader Tom Daschle, when helped draft the post-9/11 legislation, says this today in "The Washington Post." "If the stories in the media over the past week are accurate, the president has exercised authority that I do not believe is granted to him in the Constitution, and that I know is not granted to him in the law that I helped negotiate with his counsel and that Congress approved in the days after September 11th."

Be sure to stay tuned to CNN for the most reliable news about your security.

On to Iraq where there's word this morning of U.S. troop reduction. Defense Secretary Donald Rumsfeld broke down the numbers in a talk with troops in Fallujah. Our Pentagon Correspondent Barbara Starr is here with details on that.

Barbara, Good morning. BARBARA STARR, CNN CORRESPONDENT: Good morning to you, Daryn.

Well, it's interesting that Secretary Rumsfeld chose the location of Fallujah, Iraq, where there had been so much heavy combat over the last months for U.S. marines and soldiers. Meeting with U.S. troops, he spelled it out and made it official. Indeed, President Bush has now signed the order canceling the deployment of two brigades to Iraq. Here's what the secretary had to say.

(BEGIN VIDEO CLIP)

DONALD RUMSFELD, DEFENSE SECRETARY: President Bush has authorized an adjustment in U.S. combat brigades in Iraq from 17 to 15. The size and composition of U.S. forces, of course, will fluctuate as commanders continue to shift their focus to emphasize training and supporting the Iraqi security forces.

(END VIDEO CLIP)

STARR: So what we're really talking about is about 7,500 troops, two brigades, that were scheduled to go to Iraq in early 2006, now will not have to go. That will bring the troop level down below that magic number, if you will, of 138,00. That was the steady state of force levels in Iraq. A side note, another 20,000 that had been there for election security, they already were planned to be brought back to their home bases.

But what is very interesting, Daryn, is, officials are emphasizing there is a change in strategy to look for here. That, overall, precise numbers of troops in Iraq will not be that important, they say, because some individual units may have indeed an increase in force levels. The units that do this security training assistance for the Iraqi forces. There's going to be more of that and less focus on U.S. troops in combat. So the troop levels are expected to still fluctuate a bit.

Daryn.

KAGAN: All right. Barbara Starr at the Pentagon. Thank you.

Focusing now on a story back here at home. By planes and trains and automobiles, the rush is on for travelers to get to their holiday destinations. We're watching all of it. Look at these box. More boxes than under the tree. We have the roads and the airports and the weather that might affect your trip. Plus, we'll take you to New York where travel is back to normal following a three-day transit strike. So if you're ready to go, so are we. Our coverage begins at New York's LaGuardia Airport with the crush of holiday travelers and our Alina Cho.

Alina, happy holidays.

ALINA CHO, CNN CORRESPONDENT: Happy holidays to you, Daryn.

You know the good news if you're heading out to LaGuardia Airport at this hour, is that things are pretty quiet. You know, there was that morning crush at about 6:00 to 7:00 a.m. There's a bit of a lull now. Things will pick up in the afternoon once again. But things are moving pretty slowly -- pretty smoothly I should say here. Not slowly, smoothly.

We're here at the American Airlines terminal and the lines at the ticket counter are pretty short. And again, one thing that you want to keep in mind is that, we've been reporting it all morning, make sure you call ahead to make sure your flight is on time and try to get to the airport early.

Joining me now to talk a little bit more about the situation here at LaGuardia is Warren Kroeppel. He is the general manager here at LaGuardia.

WARREN KROEPPEL, MANAGER, LAGUARDIA AIRPORT: How are you?

CHO: Made that mistake, not slowly, smoothly. I know you were saying that earlier.

KROEPPEL: Yes.

CHO: Give me a status report.

KROEPPEL: It's been a very heavy travel day but we're very lucky that things are moving along well at the check-in lines and also at the screening points. And the other good news is, we've got some good weather today, so there are no air traffic delays. I was just out there myself. Things are moving well.

CHO: We're looking at another record travel season for LaGuardia, aren't we?

KROEPPEL: Over the 17-day period of this holiday, we'll have over a million passengers coming through here. It's about 3 percent over last year.

CHO: I understand somebody got out onto the runway this morning.

KROEPPEL: Yes, we have a little bit of a tradition. We have a few of our employees that go out there near the aircraft and they're dressed up as Santa, Mrs. Claus and elfs and the flight crews and the passengers just love it. They're out there waving now.

CHO: A great little treat for the holiday travelers.

KROEPPEL: It sure is.

CHO: Thank you so much, Warren Kroeppel, general manager of LaGuardia Airport.

KROEPPEL: Thanks a lot.

CHO: You know, travelers around this time, Daryn, as you well know, get a little anxious, they get a little nervous because there are so many people here. But one bit of good news, at least locally, as you well know, the transit strike is now over. So one thing travelers do not have to worry about is how they will get to the airport.

Daryn.

KAGAN: Good news indeed. And we're going to have more on the end of the transit strike in just a moment. First of all, the manager of LaGuardia trying to get a jump on Chad there with the travel forecast.

I guess things at least clear in New York City, Chad.

(WEATHER REPORT)

KAGAN: You were hearing the transit strike in New York City, things are back rolling today. Let's check in with Chris Huntington who I'm sure was pleased not to ride his bike to work today.

Chris, good morning.

CHRIS HUNTINGTON, CNN CORRESPONDENT: Good morning, Daryn.

Yes, I managed to ride the subways in this morning. Quite a relief. And that's consistent with everything I've heard from everybody we've had a chance to talk to.

I just want to show you the way the New York City newspapers are reporting it. "The New York Post" stating pretty much the obvious, "It's Over." But "The Daily News" hitting to perhaps the harder truth, that really nobody won out of this situation. Of course, the Transit Workers Union and the Transit Authority are still negotiating behind closed doors underneath the media blackout. So, in theory, we're not going to find out much about what they are discussing. They are still leagues apart in terms of hammering out the specifics of base salary, health benefits and pensions, which was really one of the major sticking points that led to the walkout.

But the fact is, the trains and buses for now are back and running and up to full speed. And that's a good thing because, as Mayor Bloomberg pointed out, the city has taken a huge economic height hit and he's certainly hoping that people can do some last-minute shopping.

Here's a smattering of what people had to say. We talked to people on the street, people who rode the subways and also people who worked the trains as well.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Glad to be back.

HUNTINGTON: Do you think the strike was worth it?

UNIDENTIFIED MALE: It depends. It's too early to say.

UNIDENTIFIED MALE: It's good. Feels good now. Yes, instead of having to fight the taxi cab gauntlet. It's been interesting.

UNIDENTIFIED MALE: It's good to come back to work because we were taking the Long Island Railroad. But it's great to be back.

UNIDENTIFIED MALE: Well, I've been commuting to Brooklyn from New Rochelle and it was simply a disaster. It took me about four hours each way and about $100 a day and now I can start saving some money.

UNIDENTIFIED MALE: Have a happy, happy holiday. I'm getting on the I-north, baby. Downtown.

(END VIDEO CLIP)

HUNTINGTON: Now, Daryn, we're outside of Penn Station here, which is a major transportation hub. There are trains that come in here that link up with the subway system. And we're also at a major shopping area. Macy's is only about a block away. Fifth Avenue a couple of blocks to the east of here. I have to say, the foot traffic on the street appears to be lighter than what I would expect for this being a full work day and also, of course, a major shopping day just a couple of days before Christmas and Chanukah. So traffic appears to be lighter overall here, but still a relief to everybody in New York City.

Daryn.

KAGAN: I bet. Chris Huntington in New York, thank you.

So you think you have it hard this holiday season? How about this story. Eleven kids and your husband is in Iraq. A Cleveland woman talks about how she made it through a very long year.

Plus, you've seen plenty of the aftermath but little of the storm itself. We're going to show you some dramatic home video of Hurricane Katrina coming ashore.

And later, Mr. Moviefone joins us with your best bet for a holiday movie. Stay with us.

(COMMERCIAL BREAK)

KAGAN: A milestone for hurricane evacuees in Texas. The last evacuees living in government-run shelters there have now moved out. They packed up yesterday and left the only hurricane shelter to remain open, a building on a former air base in San Antonio. About 115,000 people fled to shelters in Texas and are now living in government- funded hotels, apartments or private homes.

One man who chose to ride out Hurricane Katrina captured that terrifying experience on tape. Kennard Jackley's gripping video shows the monster storm as it slams into Slidell, Louisiana, sending flood waters pouring into his home. More now from CNN Gulf Coast Correspondent Susan Roesgen.

(BEGIN VIDEOTAPE)

KENNARD JACKLEY, KATRINA VICTIM: Turn it on and pressed that button. SUSAN ROESGEN, CNN CORRESPONDENT, (voice over): Kennard Jackley says he only picks up his video camera when a storm's coming. And on August 28th, he knew a big one was on the way.

JACKLEY: OK. Never know there was a hurricane coming.

ROESGEN: This was the afternoon before the storm. But by daybreak the next morning, the wind was starting to howl.

JACKLEY: Oh, mother nature is angry, my friends. That's about enough out of you there, whatever your name is, Katrina, or whatever the hell your name is.

ROESGEN: Eventually, Jackley realizes the situation is much worse than he thought. It isn't just the wind anymore.

JACKLEY: Uh-oh, the ground floor is buckling up underneath me.

ROESGEN: It's the water from the lake swallowing his property.

JACKLEY: Uh-oh. Here it goes. It's in. Here it comes. It's in the house. Broke the door locks. There it is. Oh, man. I can't stop it now.

ROESGEN: Now surrounded by water, Jackley watched his neighbor's homes start to float away.

JACKLEY: There goes Charlie's boathouse. It's taken off now.

ROESGEN: Jackley begins to question his decision to stay.

JACKLEY: When's this thing supposed to stop? Oh, the next time, leave, stupid. I don't even think I saved my golf clubs.

ROESGEN: It took about a day for the water to go down.

This is one of the few things that didn't float away. This is one of his wife's golf clubs. And to give you an idea of how high the water was here, I'm 5'8" and the golf club takes us up to about nine feet. But you have to remember that the water that was here came from the lake 200 yards away.

JACKLEY: Brave. I wouldn't go brave. Probably crazy.

ROESGEN: Today, Kennard Jackley is starting to put his home back together. The whole bottom half of his house is bare. His wife's little beauty parlor, the washing room, and the sewing room all gone.

Why stay here? Why put your house back together when you know the next one could come even higher?

JACKLEY: Why? This is -- well, I'm from Illinois, but this is the only house I've ever had, you know, I'm not going to let a little rain hurt me.

ROESGEN: Oh, it was more than a little rain.

JACKLEY: We had history made, didn't we? Part of growing up. That's what I say.

ROESGEN: Susan Roesgen, CNN, Slidell, Louisiana.

(END VIDEOTAPE)

KAGAN: Well, for those of us lucky to be heading home for the holidays, Gerri Willis has some tips.

Hey, Ger.

GERRI WILLIS, CNN CORRESPONDENT: Hey, Daryn.

Hey, do you want the best seat on the airplane or maybe just the best route too grandmas? Well, "Five Tips" is next with the answers.

(COMMERCIAL BREAK)

KAGAN: Well, the markets aren't hitting the holiday quite yet. They're open, but you can see not a lot of action taking place. The Dow is up four points and the Nasdaq is up about five.

So on have you left for grandmother's house yet? If not, or wherever you're headed these holidays, we have some ideas to make that trip a little bit more enjoyable. Personal Finance Editor Gerri Willis is here with today's "Top Five Tips."

Ger.

WILLIS: Hey, Daryn, good to see you.

Clear skies are predicted. That's tip number one. Good news on the weather front. You probably just heard Chad say that it's unseasonably mild through most of the country. That means easy traveling. And you know, Daryn, snow is the biggest culprit of travel delays. So you'll have to keep your eye on the weather reports as we move forward, but at least getting out might be easy, I hope.

KAGAN: And then there's this gift from the TSA, you can bring your scissors onboard.

WILLIS: Isn't that exciting to know?

KAGAN: Whoo, my cuticle. My cuticle clippers or whatever.

WILLIS: Yes, your cuticles are happy. I don't know about everybody else. The other thing you need to know is that there's going to be more pat downs and more bag searchers. So now the TSA is saying that wait times will be shorter because of the scissors. But I've got to tell you, I'm not so sure. Be sure to get to that airport as early as possible because I think there could be some delays ultimately, especially during those high-traffic periods as we move into the afternoon and then into the evening.

KAGAN: Once we get on the plane, Gerri, I've got to tell you, there's nothing we tall girls appreciate more than leg room.

WILLIS: Yes.

KAGAN: Yes.

WILLIS: Yes. Now wouldn't it be wonderful if you could find out if your seat has a lot of leg room. If the seat doesn't recline. If there's maybe a cold draft that, you know, that hits the seat that you're going to take. Well, you can. It's seatguru.com can tell you all about the seat that you've got booked for your flight. And it's a great place to go before you make that trip.

KAGAN: Good suggestion. What about for people hitting the roads?

WILLIS: Yes, if you're going to driving, if you're not flying, you've got to make sure you avoid those traffic jams. And again, the web is your friend here. There's a great Web site to check out, traffic.com. It takes a look at traffic jams in 29 cities. And you've got to figure a route around the problem if you do see problems, issues in your area. The Federal Highway Administration also has a great Web site, fhwa.gov.

KAGAN: And then their's that refrain that parents all over the world love to here, are we there yet? Are we there yet? Are we there yet?

WILLIS: Why do they say that over and over again? There's got to be something else, right?

KAGAN: Because they're bored.

WILLIS: I'm tell you. Apparently, this is interesting, a quarter of all crashes occur because of driver distraction. And who's more guilty of that than the kids? So you've got to keep them occupied. I've got some Web sites here again for keeping those kids busy, momsminivan.com. A great place to go to find some ways to keep those -- some games, some ideas, something, anything to keep the kids from driving you crazy. Roadandtravel.com, amazingmoms.com.

Are you going to be traveling this holiday?

KAGAN: Just, yes, for the weekend, heading out, but it should be OK.

WILLIS: Good luck.

KAGAN: And you have it in your new house.

WILLIS: That's right. I'm so excited.

KAGAN: Yeah. Enjoy.

WILLIS: Thank you very much.

KAGAN: Merry Christmas and happy Chanukah and all the stuff that goes with it.

WILLIS: You too. Absolutely.

KAGAN: Thank you, Gerri.

Still ahead, a pregnant woman and her two-year-old daughter get a holiday surprise visit. Get the hankies ready. This is the tip I've been given for this story. We're going to show you the touching reunion.

And later on, why a jolly old man who brings presents makes so many kids cry.

(COMMERCIAL BREAK)

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