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Vice President Dick Cheney in the Hospital; Supreme Court Nominee Samuel Alito in Hot Seat Today

Aired January 09, 2006 - 07:00   ET

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

SOLEDAD O'BRIEN, CNN ANCHOR: I'm Soledad O'Brien. We're following breaking news this morning out of Washington, D.C. Vice President Dick Cheney in the hospital. Might not have anything to do with his past heart problems. We're going to bring you a live report.
MILES O'BRIEN, CNN ANCHOR: I'm Miles O'Brien. Supreme Court nominee Samuel Alito in the hot seat today. But will his confirmation hearings offer any major revelations? We're live in Washington.

S. O'BRIEN: And good news for Sago mine survivor Randy McCloy Jr. He is breathing on his own. Not out of the woods yet, though. The latest from West Virginia is just ahead on AMERICAN MORNING.

Good morning. Welcome, everybody. We're going to be talking to Sanjay Gupta in just a few moments. Lots of news on the medical front this morning.

M. O'BRIEN: Yes, let's get right to it. The vice president, Dick Cheney, in the hospital as we speak. He woke up early this morning with shortness of breath. Doctors at George Washington University say his EKG is normal, and they're treating him for fluids. That's the result of medication he's taking for a foot injury. The vice president has had four heart attacks and has a defibrillator implanted his chest.

Dr. Sanjay Gupta is here to explain if that is in any way related to what we're seeing this morning.

Good morning, Sanjay.

DR. SANJAY GUPTA, CNN SR. MEDICAL CORRESPONDENT: Good morning.

First of all, I think his EKG is probably unchanged. You know, he's had four heart attacks in the past; clearly he's had some changes. And I think the first thing that anybody would be thinking of when he comes into the hospital is his heart, but it sounds like there's nothing new on his EKG, an important point. These medications, these anti-inflammatory medications, which he might be taking for this achilles heel arthritis, they can cause problems with fluid retention. And basically you build up fluid in the body. More importantly you build up fluid around the heart. It's called congestive heart failure, and it is pretty easily treatable. You know, it's not that uncommon to actually go ahead and give a medication which is essentially a water pill or a diuretic, force some of those fluid out, and that should improve the overall shortness of breath. That's what I'm sort of reading into this based on what they're telling us.

S. O'BRIEN: So you're saying it doesn't necessarily have to be a previous heart problem, but it could be a heart problem based on this buildup of fluid?

GUPTA: That's right. I mean, his heart is not a very well- functioning heart. We know that. He's had these four heart attacks. So he may have been more at risk for developing something like this. His hear is not pumping as effectively. You buildup a little bit of fluid up because of the anti-inflammatory medication, and all of a sudden the heart really starts to congest.

S. O'BRIEN: Well, surely given his medical history, when they gave him these drugs, that would have been a concern, so they would have been on the lookout for this kind of thing. Why wouldn't you describe this other pill along with the initial medication?

GUPTA: It's a great question. Anti-inflammatory medications like indocin or naproxen are pretty common medications, and because they're so common, you do see these problems with the fluid retention, but I don't it's standard of care to give a diuretic medication as well, because you know, you're dealing with a delicate fluid balance in someone like hi, so you've really got to walk that line pretty carefully.

S. O'BRIEN: Just watch it.

GUPTA: That's right.

S. O'BRIEN: Apparently he made his way to the hospital, didn't have to go in an ambulance or anything, which I guess is another good sign.

GUPTA: That's right. They say he drove himself, although I imagine he has people to drive him.

S. O'BRIEN: He drove himself, which means his driver!

M. O'BRIEN: He doesn't worry about red lights anyway, so he might as well just go in the convoy, right? All right.

S. O'BRIEN: Thanks, Sanjay. Appreciate it.

Let's get to politics now. Abortion is going to be the key issue in those Supreme Court confirmation hearings opening today for Judge Samuel Alito. AMERICAN MORNING's Bob Franken is watching those hearings, joins us from Capitol Hill.

Hey, Bob. Good morning.

BOB FRANKEN, CNN NATL. CORRESPONDENT: Good morning, Soledad.

Right now, the respective Supreme Court justice is gnoshing with President Bush at the White House, wondering if either of them knows what the word "gnosh" means. But in any case, since he's going to be so controversial, replacing Sandra Day O'Connor, at least that's the perspective the chance that the White House is hoping will happen, he better enjoy this while he can.

(BEGIN VIDEOTAPE)

FRANKEN (voice-over): Alito will head from a friendly White House breakfast with the president to a good old-fashioned drilling by Democrats over his extensive record.

SEN. DIANNE FEINSTEIN (D), JUDICIARY COMMITTEE: He has a record of 15 years as a judge, so there's a lot of material there.

FRANKEN: The issues confronting the conservative Alito are as political and legally primal as they get. Abortion, for instance. Throughout most of his career, he has expressed personal and constitutional objections.

SEN. SAM BROWNBACK (R), JUDICIARY COMMITTEE: On abortion, I don't think he has to be specific at all, because it's an active-area case law.

UNIDENTIFIED MALE: Judge Alito faces a great deal of difficulties if he does not answer questions.

FRANKEN: Many of the questions will be inspired by the raging controversies over electronic surveillance and treatment of enemy combatant detainees. Alito has consistently favored strong presidential power.

UNIDENTIFIED MALE: There has to be a balance with our constitutional rights.

SEN. EDWARD KENNEDY (D), MASSACHUSETTS: He has to be -- he has to demonstrate to the committee that he has a core commitment to constitutional values and constitutional protections.

FRANKEN: In the lead up to these hearings, well-financed interest groups have kept up the pressure for and against Alito in the form of paid advertising.

ANNOUNCER: Samuel Alito is no moderate, but he plays one on TV.

ANNOUNCER: Every day, desperate liberals make up a steady drip of attacks against Judge Samuel Alito.

(END VIDEOTAPE)

FRANKEN: Needless to say, the stakes are high for the Democrats, because they'll have to decide whether they want to take on the political risks of a filibuster when these hearings are over. And of course they'll (INAUDIBLE) for Alito, and of course the president who nominated him -- Soledad.

S. O'BRIEN: All right, let's turn and talk a little bit about Tom DeLay stepping down officially as the House Majority Leader, and trying to be replaced. At least two people are vying for that replacement, that job. Who do you think has the upper hand here? FRANKEN: Well, it's too early to tell. Roy Blunt is the person acting in his stead. John Boehner, who's chairman of the House Education Committee and a former member of leadership is there trying. Meanwhile, the speaker of the House, Dennis Hastert, says, well, maybe it's time for the Republicans to sponsor some legislation to limit lobbying. Meanwhile, the Democrats are saying where have you been?

Soledad?

S. O'BRIEN: Bob Franken for us this morning. Hey, Bob, thanks.

Wolf Blitzer is going to be watching those Alito hearings as well. He is going to anchor special edition of "THE SITUATION ROOM" beginning today at noon, and through subsequent days at 9:30 a.m. Eastern.

Also, CNN Pipeline subscribers can view live gavel-to-gavel coverage of the hearings, as well as replay of all the highlights -- Miles.

M. O'BRIEN: Funerals for three victims of the Sago mine tragedy will be held later today. Six of the victims were laid to rest on Sunday. Family and friends crowded the streets all around Upshur County as they headed to various funerals. Two more funerals are scheduled for Tuesday.

Meanwhile, the sole survivor of that accident is progressing. Doctors say they hope Randy McCloy will regain consciousness sometime in the next few days. McCloy was moved from Pittsburgh back to Morgantown, West Virginia. CNN's Chris Huntington is at the hospital there.

Good morning, Chris.

CHRIS HUNTINGTON, CNN CORRESPONDENT: Good morning, Miles.

The doctors here at West Virginia University Hospital have stopped the sedative and, as you mention, they're hoping that Randy will wake up at some point in the next couple of days. He's breathing on his own. Simply the fact he is back here in West Virginia after spending a couple of days for specialized treatment in Pittsburgh is a very positive sign.

(BEGIN VIDEOTAPE)

HUNTINGTON (voice-over): Randy McCloy is back in his home state. Saturday night, he left Pittsburgh's Allegheny General Hospital by helicopter, after his doctors determined he was stable enough to make the trip. And no one is happier about Randy's return than his wife, Anna.

ANNA MCCLOY, WIFE OF RANDY MCCLOY: We're glad to have Randy back home in West Virginia, where he will receive the best care and be surrounded by people who care about us and our children, which is so important. HUNTINGTON: McCloy's doctors in West Virginia say the two days randy spent at Allegheny General were crucial to his recovery. His vital organ functions gained strength, and they say the three 90- minute treatments he received in a high-pressure oxygen chamber will hopefully help his brain recover from the damage done by carbon monoxide poisoning.

DR. LARRY ROBERTS, WEST VIRGINIA UNIV. MEDICAL CTR.: They took fantastic care of Randy. They did exactly what was the intended plan, which was to give him three days of hyperbaric oxygen therapy. We accomplished that. We brought him back to West Virginia, and now we're providing his continued ongoing care, which was our treatment plan all along.

HUNTINGTON: Dr. Roberts says McCloy is still breathing with the help of a ventilator, but is strong enough now to be taken off the sedative that has kept him in a medical induced coma for days. The doctors say it could take some time, perhaps days, for the sedative to fully wear off, because McCloy's liver is weak, and cannot filter the drug out of his bloodstream.

But once that occurs, the doctors hope to get a read on Randy's mental condition.

DR. JULIAN BALES, WEST VIRGINIA UNIVERSITY MEDICAL CENTER: We're looking for him to begin to arouse and open his eyes. He was beginning to do that a little bit before we had to sedate him. So we're looking for a progressive awakening, and neurological improvement.

HUNTINGTON: While McCloy's doctors and family are obviously focused on Randy, they are ever mindful of what the Sago mine explosion took from others in their community.

MCCLOY: Our family's thoughts this morning continue to be with Randy's coworkers and their families. We are thinking of them today and throughout this difficult time.

(END VIDEOTAPE)

HUNTINGTON: And of course Anna McCloy is well aware that even though her husband is still in critical condition, he is the lucky one. We expect an update on his condition in about two hours from now -- Miles.

M. O'BRIEN: Chris Huntington in Morgantown, West Virginia, thank you -- Soledad.

S. O'BRIEN: Well, right now, doctors are trying to bring Israeli Prime Minister Ariel Sharon out of his medically induced coma. He remains in critical condition since he suffered that a massive stroke last week. Meanwhile, government business is going on without him.

CNN's Guy Raz is live for us in Jerusalem this morning.

Guy, good morning to you, guy. To what degree does uncertainty over what will happen with Ariel Sharon impact what's happening politically?

GUY RAZ, CNN CORRESPONDENT: Well, there's a lot of uncertainty, Soledad. Essentially, the government right now, the caretaker government, is unwilling to make any serious decisions, until they have conclusive information about the prime minister's condition.

Now essentially, under Israeli law, what happens if the two doctors, the primary doctor looking after a prime minister, determine that he or she becomes incapacitated and cannot fulfill his or her duties, the doctors then inform the state attorney general. The attorney general then immediately convenes the Israeli cabinet, the sitting cabinet, to elect the next prime minister.

Now under these circumstances, the cabinet has to select a prime minister from within the cabinet, and he or she has to be from the ruling political party. Israel is a parliamentary system. There are several parties involved in the coalition government. And right now, the ruling party essentially is the Kadima party, the centrist party founded by Mr. Sharon.

So in all likelihood, the man who would be elected prime minister by the cabinet would be Ehud Olmert, now serving as the acting prime minister of course. But once the cabinet decides, he would then become the permanent prime minister for about the next 77 days before previously scheduled parliamentary elections take place here in Israel on march 28th -- Soledad.

S. O'BRIEN: Guy Raz with an update from Jerusalem this morning. Guy, thank you.

(WEATHER REPORT)

M. O'BRIEN: Coming up, more on the confirmation hearings for high court nominee Samuel Alito. Democrats expected to grill him on several topics, abortion among them, but what will his answers be? We'll ask his top adviser.

S. O'BRIEN: Also this morning, we talk to the reporter who uncovered the White House's domestic spying program. Did his story threaten national security?

O'BRIEN: And then little baby Noor. We'll give you an update on her condition. She will undergo what could be life-saving surgery today. We'll look at what doctors hope to accomplish. That's ahead on AMERICAN MORNING.

(COMMERCIAL BREAK)

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M. O'BRIEN: Coming up on the program, more on the confirmation hearings for Judge Samuel Alito. Democrats have lots of tough questions for the high court nominee, but will he answer them? We'll ask his top adviser about that. Plus, little baby Noor, she'll have surgery this morning that could save her life. We'll get a live update on her condition, ahead on AMERICAN MORNING.

(COMMERCIAL BREAK)

S. O'BRIEN: Big day for a little girl. Baby Noor, you'll remember her, a 3-month-old Iraqi baby girl with spina bifida.

Well, today, life-saving surgery will begin. In fact, it's going to start just minutes from now.

David Mattingly is at Children's Healthcare in Atlanta.

David, good morning.

How's it going?

DAVID MATTINGLY, CNN CORRESPONDENT: Well, Soledad, if all is going according to schedule, baby Noor will go into surgery in a matter of minutes. In the last half hour, she was being prepped for surgery. We were told the way that works, she'll be turned very carefully over onto her back, where they will insert the breathing tube, the IVs and a catheter. She will then be turned back over onto her stomach, so the doctors will have access to that fluid-filled sac in the middle of her lower back. Because of the severe form of spina bifida that she has, her spine did not develop normally. Portions of the spinal cord are actually exposed inside that sac. So doctors will first drain the fluid from it, then remove the sac entirely. That will enable them to go in, reposition the spinal cord, wrap it with muscle tissue, and then a plastic surgeon will work at the very tough job of trying to close that large opening that will remain in her lower back.

Recovery from this procedure is expected to take months. They're counting on a lot of strength from this little baby to get through this. And they will be watching her very closely for any other developmental problems that may occur.

(BEGIN VIDEO CLIP)

DR. ROGER HUDGINS, CHILDREN'S HEALTHCARE OF ATLANTA: What we do is look for milestones, and how she's meeting those milestones. And at three months of age, if anything, she's advanced, because of her ability to interact, smile, she's cooing, she knows where people are in the room and looks at them, so I'm very hopeful that her mental capacities will be normal to above normal.

(END VIDEO CLIP)

MATTINGLY: Baby Noor was examined over the last several days, and doctors determined that there is permanent damage, and that she probably will not be able to walk after the surgery, not something that's unexpected with this severe form of developmental problem -- Soledad.

S. O'BRIEN: We'll watch the surgery today. David Mattingly, thanks for the update -- Miles.

M. O'BRIEN: Four months after Chief Justice John Roberts breezed through his confirmation hearings, it is a very different story in Washington today. Supreme Court nominee Samuel Alito faces the Senate Judiciary Committee today with Washington roiling over White House wiretapping without warrants, and some indication Judge Alito is a big proponent of allowing presidents to have that much latitude.

Former Republican National Committee Chairman Ed Gillespie is a special adviser to Judge Alito. He joins us now from Capitol Hill.

Ed, bad luck, I guess, to have the NSA, National Security Agency, wiretapping controversy broiling up right now.

ED GILLESPIE, FMR. RNC CHAIRMAN: Well, actually, I think, Miles, there was always going to be a vigorous discussion of the boundaries of the legal branch, the executive branch, and the judicial branch in these hearings, and I think you'll hear it in the context of this discussion of the NSA effort on behalf of our national security. It's a legitimate debate. I don't think it would be appropriate to ask the judge how he would rule on any future specific case relative to this, but I think, obviously, asking questions about separations of powers, and the executive power versus congressional power versus judicial power is a very legitimate and thoughtful debate to have in these hearings, and I think the American public would benefit from it.

M. O'BRIEN: You make it sound like it'll be a civics lesson, and we should all be taking notes at home; they'll be a quiz later.

GILLESPIE: I think there's some aspect of it...

M. O'BRIEN: Let's listen to Senator Ted Kennedy yesterday, who was doing some of the news programs. And he said he was gone through several of Alito's rulings and documents. Here is his conclusion.

(BEGIN VIDEO CLIP)

KENNEDY: No one can read through those opinions and not find out that there's a basic hostility to individual and individual rights, a welcoming to executive authority and power, even when it's excessive. And also, the fact that he has so identified with major corporate interests at the expense of individual interests.

(END VIDEO CLIP)

M. O'BRIEN: All right, so there you have a little -- in your position, you love hearing that, because that gives you some clues as to how to prep your candidate here.

But clearly, there's going to be this discussion here about individual rights versus the rights of the government. How is Judge Alito prepared to answer some of these questions when he has to defend some of those opinions that are record?

GILLESPIE: Well, he is very well prepared, Miles. This is a man who is a very thoughtful jurist, someone is the most experienced, by the way, nominee to be put before the Supreme Court in 70 years. That's partly why he received a unanimous well-qualified rating from the American Bar Association.

Senator Kennedy, you know in 15 years, and thousands of cases, 300 rulings, you can cherry pick and say here's a case where he ruled on the side of the corporation. There are other cases where he ruled on the side of the individual. Sometimes, the law is on the side of the corporation, sometimes the law is on the side of the individual, and the role of a judge is to not to say, well, I'm going to rule with the individual or I'm going to rule with the corporation; the role of the judge is to say I'm going to rule with the law based on the facts of this specific case, not on some predetermined decision that I'm going to come down for one side or the other. And having a discussion of those cases, and his rulings and his jurisprudence is a debate that he welcomes and it's a healthy debate.

Look, the role of the federal judiciary system in our system of government is a very important one, and the fact is a debate over whether or not the judiciary should be striking "under God" from the pledge of allegiance, should be basing rulings on the laws of foreign lands rather than our U.S. Constitution, issues like that are important to the American people, and this is a debate that, you know, people should look forward to starting today.

M. O'BRIEN: Roe v. Wade is going to come up, of course, I think we can predict that safely, and the abortion issue in general. How will Judge Alito respond to specific questions as to how he'd rule?

GILLESPIE: Well, I think, as has been the case with every sitting justice on the Supreme Court, to say I will rule one way or the other in cases involving Roe v. Wade should they come before me and make a commitment to senators on either side of that issue in exchange for a vote would be entirely inappropriate.

The fact is, when you're a justice on the Supreme Court, you look at cases relative to the facts in the case, relative to the jurisprudence that underlies it, to the constitution itself. You have to take all of those things into account.

And to say to a nominee, how are you going to vote if this issue comes before you, give me a commitment now in exchange for my vote for your confirmation, would undermine the independence of the judicial branch of government, would be entirely wrong, and that's why no sitting justice has done that in their confirmation hearings, and Judge Alito shouldn't do it either.

M. O'BRIEN: Filibuster has come up, at least in talk. Do you think it's truly in play here?

GILLESPIE: Well, that would be unprecedented. There's not been a filibuster of a Supreme Court nominee in our nation's history, and I think for Democrats to try to filibuster a judge who is as qualified in terms of his intellect, his integrity and experience and his judicial manner, his temperament, would be a real mistake, and I think it's not something the American people would want to see. M. O'BRIEN: All right, Ed. Judge Alito is having breakfast with the president. You got the short end of the stick, having to talk to us. But we will see him and the president in just a little bit. Thank you, Ed Gillespie.

GILLESPIE: Thanks for having me.

M. O'BRIEN: They'll be in the Rose Garden about 8:00 Eastern, and we'll bring that to you as it happens.

And CNN, of course, will have special coverage of the hearings. Wolf Blitzer will anchor special editions of THE SITUATION ROOM, beginning at noon today.

CNN Pipeline subscribers can also view gavel-to-gavel coverage of the Alito hearings, as well as replays of al the highlights, so check that out at CNN.com/pipeline -- Soledad.

S. O'BRIEN: Did you know that New Orleans colleges and universities opened again, but how are students learning when some of the schools don't even have classrooms? A look at the road to recovery in New Orleans is just ahead on AMERICAN MORNING.

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