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The Situation Room
Analyzing Day One of Alito's Hearings; Courts Reject DeLay's Bids; Cheney's Health Scare; Doctors Say Baby Noor Will Be a Paraplegic; Wet Foot, Dry Foot Policy for Fleeing Cubans
Aired January 09, 2006 - 16:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
WOLF BLITZER, CNN ANCHOR: All right, Ali. Thanks very much. We'll check back with you very soon.
And to our viewers, you are in THE SITUATION ROOM where new pictures and information from around the world are arriving all the time.
Happening now, Samuel Alito makes his case for confirmation to the nation's highest court. It's 4:00 p.m. here in Washington where the battle lines are drawn on this opening day in the Alito hearings. But the real fireworks still to come.
Also, this house the Israeli prime minister begins breathing on his own and moving ever so slightly. I am just back from Jerusalem where it's 11:00 p.m. local time in Jerusalem right now. Ariel Sharon still appears to be fighting for his life.
And tears of joy for baby Noor. The Iraqi infant undergoes surgery here in the United States to correct severe birth defects. We are waiting for a news conference on her condition. We are planning to bring it to you live as soon as it starts.
I'm Wolf Blitzer. You're in THE SITUATION ROOM.
Supreme Court nominee Samuel Alito says judges should not have agendas when they weigh cases. Just a short while ago, Alito made a brief opening statement at his confirmation hearings. He suggested his past views on key legal issues may not be set in stone. Listen to this.
(BEGIN VIDEO CLIP)
SAMUEL ALITO, JUDGE, SUPREME COURT NOMINEE: When I became a judge, I stopped being a practicing attorney, and that was a big change in role. The role of a practicing attorney is to achieve a desirable result for the client in the particular case at hand.
But, a judge can't think that way. A judge can't have any agenda. A judge can't have any preferred outcome in any particular case, and a judge certainly doesn't have a client. The judge's only obligations, and it's a solemn obligation, is to the rule of law.
And what that means is that in every single case, the judge has to do what the law requires.
(END VIDEO CLIP)
BLITZER: The chairman of the Judiciary Committee, Arlen Specter, speaking to reporters right now, being somewhat critical of Democrats on the panel. Let's listen.
SEN. ARLEN SPECTER (R-PA), CHAIRMAN, JUDICIARY CMTE.: As chairman, I'm very determined to see that this nominee is judged based on his testimony, based on what goes on at the hearing.
And what we heard today were long statements of charges, charges against him, where there were many, many answers, and I think it is important that the American people who are viewing these hearings understand that what is being said by the senators doesn't constitute evidence.
It's like an opening statement in a trial. It's not evidence. The evidence comes from Judge Alito. And there are many, many answers to what has been given here.
And we'll start tomorrow, and there are things to be said on all of the issues which have been raised by way of accusations and by way of charges.
UNIDENTIFIED FEMALE: Senator, why is that? He has a rather voluminous record. Is it not possible for them to have come to this decision based on reading his record or do you think it's strictly a political campaign against him?
SPECTER: Well, it is a very selective reading. He has 361 opinions. And you can select opinions to prove that he's a flaming liberal or to prove that he is an arch conservative. And you hear talk about burden of proof. You think you're in a courtroom. You think you're in a criminal courtroom to talk about the burden of proof.
What we have in these hearings traditionally is a level playing field. And I've not made a judgment, and I'm determined to see these hearings conducted where we make a decision based upon what the nominee says not what senators say about the nominee.
Let's give the nominee a chance to speak his peace. But you are really reading indictments as if you have a criminal presentment.
BLITZER: Senator Arlen Specter answering reporters' questions, making a plea to his colleagues to let Alito speak for himself.
Let's go up to the Hill. Our Ed Henry is standing by on this day one of these confirmation hearings.
Not a whole lot of fireworks today, although a lot of Democrats outlining their position. The questioning is going to be quite stiff, I take it, Ed, in the next few days.
ED HENRY, CNN CONGRESSIONAL CORRESPONDENT: That's right. Democrats signaled that right away. Following breakfast this morning at the White House, President Bush sent Samuel Alito to Capitol Hill with a simple plea. He wanted a dignified process from the Senate.
But after just a few pleasantries here when Judge Alito showed up, Democrats immediately pounced. You can see the battle lines being drawn, as you've mentioned.
The case perhaps put most succinctly by Senator Edward Kennedy, who was going through a litany of charges, and basically saying that there is going to be a tough grilling here tomorrow of Judge Alito on everything from abortion to domestic spying to use and abuse of executive power.
Democrats see this as a swing seat on the high court. They note there have been over 140 times that Justice O'Connor has been the swing vote. The fifth in a 5-4 decision. They think all the marbles are here.
Republicans like Chuck Grassley though saying that this nominee's record is being painted far, far wrongly and that in fact liberal groups are taking just a snapshot and trying to blow it up into an indictment, as you heard Chairman Specter there say. Take a listen to a flavor of the debate, Kennedy and Grassley.
(BEGIN VIDEO CLIP)
SEN. EDWARD KENNEDY (D,MASS.), JUDICIARY COMMITTEE: I'm gravely concerned by Judge Alito's clear record of support for vast presidential authority, unchecked by the other two branches of government.
In decision after decision on the bench, he has excused abusive actions by the authorities that intrude on the personal privacy and freedoms of average Americans. And in his writings and speeches, he has supported a level of overreaching presidential power that frankly most Americans find disturbing and even frightening.
SEN. CHARLES GRASSLEY (R,IOWA), JUDICIARY COMMITTEE: Some liberal interest groups have come out in full force and have attempted to paint Judge Alito to be an extremist and to be an activist.
They've criticized a nominee who has, from what I see, described by these lawyers and fellow judges, a reputation of being a restrained jurist committed to the rule of law and the constitution.
But that's what these outside the mainstream groups always do. They attack individuals who they believe won't implement their agenda before the Supreme Court. So Judge Alito should see criticism as a badge of honor worn by many past and present members of the court.
(END VIDEO CLIP)
HENRY: So there is the preview of at least three days of questioning that Judge Alito will face starting tomorrow at 9:30 a.m. Eastern time. Chairman Specter making clear he wants the questioning wrapped up this week. A vote as early as next Tuesday--Wolf.
BLITZER: All right. Ed Henry reporting for us. And we'll, of course, have complete coverage starting at 9:30 a.m. Eastern right here from THE SITUATION ROOM on CNN.
And coming up later this hour, much more on the Alito hearings. We'll speak with our senior legal analyst Jeff Toobin, our senior analyst Jeff Greenfield. They're standing by. Much more coming up.
But right now there is another major political story developing here in the United States, specifically, in Texas today. A court rejected Congressman Tom DeLay's request to dismiss the criminal charges against him or immediately put him on trial.
This comes two days after DeLay announced he would not run to reclaim the House majority leadership position he was forced to give up because of his indictment. Now two top lawmakers are in the running to permanently replace DeLay as the House majority leader.
But the controversy surrounding DeLay may only keep growing after the lobbyist Jack Abramoff's guilty plea last week and his decision now to cooperate with the prosecutors.
We have new poll numbers coming out this hour on the possible fallout in this congressional election year in the aftermath of all of this.
Let's bring in our senior political analyst, Bill Schneider.
What are the polls showing, Bill?
WILLIAM SCHNEIDER, CNN SENIOR POLITICAL ANALYST: They show the problem may be bigger than Tom DeLay, Wolf. Only 42 percent of Americans say that most members of Congress now deserve to be reelected. That is far lower than the majority who have felt that way in the last four congressional elections.
In fact, you have to go all the way back to 1994 to find that same level of discontent with Congress. My goodness, 1994 that was the year of the great revolution when the voters were so unhappy they overthrew the congressional majority. Then it was the Democrats.
In other words, the message to Republicans here is, gulp. Now the Republicans need to not only show that they are not corrupt and not in the hands of lobbyists and clean up their act, but that they are independent.
Take a look at this. Most Americans, 50 percent of Americans, believe that Republican policies would not move the country in the right direction. Only 40 percent say they would move the country in the right direction. They need a new policy agenda.
Does the public think the Democratic policies would move the country in the right direction? Americans are split over that.
But here is something they are not divided over. Will the Democrats or the Republicans be better able to handle the issue of corruption? Democrats now have a 12-point advantage on the corruption issue. Is that because voters think Democrats are more honest? No, the polls don't show that. But the Democrats are out of power, and as the out-power they can make a stronger claim to the issue of cleaning up the system of government--Wolf.
BLITZER: Bill Schneider with the latest poll numbers. Thank you very much, Bill, for that.
Another important story here in Washington today involving the vice president, Dick Cheney. He's back at work after his latest health scare. He spent more than four hours in the hospital very early this morning because he having some trouble breathing. Let's check in with our White House correspondent, Suzanne Malveaux. Suzanne, what happened?
SUZANNE MALVEAUX, CNN WHITE HOUSE CORRESPONDENT: Wolf, I have to tell you that this is a 64-year-old man who has had four heart attacks, quadruple bypass surgery, as well as a pacemaker. Vice President Cheney is back in his office as of two hours ago working.
His aides say that it happened this way. It was about 3:00 in the morning. He had shortness of breathe, struggling to breathe. He was rushed to George Washington University hospital. Officials say that he was retaining fluid, experiencing that shortness of breath. That these were side effects from a drug and anti-inflammatory drug he had been taking for a recurring foot injury.
Last Friday, you may recall, we saw vice president Cheney hobbling from one stop to another in Kansas with the aid of a cane. A spokeswoman from Cheney's office saying that the doctors monitored his heart condition today. They found it unchanged. They treated him with a diuretic.
They went on to release some more details saying that he occasionally has bouts with inflammation in his left foot, sometimes in the heel, which has been diagnosed as tendinitis. Sometimes in the joint of his big toe. They go on to say that doctors suggest this could be gout or osteoarthritis.
President Bush was notified of Cheney's condition early in the morning before his oval office meetings. He came out at an event in a Maryland suburb saying that he had talked to the president, that he was feeling better.
Wolf, I have to tell you, this is a man that many historians describe as perhaps the most powerful vice president in the history of the United States. They say that his schedule is not going to slow down any time soon. Wolf?
BLITZER: Suzanne Malveaux at the White House, thank you very much for that.
Let's check in with CNN's Jack Cafferty. He's joining us from New York with "The Cafferty File." Hi, Jack. How are you doing?
JACK CAFFERTY, CNN ANCHOR: Welcome back to America. BLITZER: Thank you very much. Had a nice flight from Jerusalem.
CAFFERTY: Did you sleep?
BLITZER: Slept well.
CAFFERTY: All right. Let's go back to this Alito thing. Because the good stuff starts tomorrow. There will be a lot of questions about his stand on Roe v. Wade.
But I would like to see one question answered. And the question is, Judge Alito, based on your knowledge of the law, is it legal or illegal for President Bush to authorize the NSA to wiretap Americans' telephone conversations without a warrant? Without a court order? Yes or no.
It's either against the law or it's not. And I would love for these senators to pin this guy down and make him answer that question. Say if you want to leave these hearings in one piece, you're going to give us an answer on whether or not the NSA eavesdropping against Americans without a court order is against the law.
You want to bet 10 bucks it doesn't happen? That would be the easiest $10 I ever made. But it sure would be nice to see if they could get him to answer that question.
Anyway, that's the question of the hour for "The Cafferty File." Should Judge Alito -- how should he respond to questions about domestic spying? You can e-mail us at am@CNN.com/caffertyfile or the reverse of that, caffertyfile/CNN.com, I Think. I'm not sure of that last part.
BLITZER: Here is what he is going to say, Jack. You don't have to be a brain surgeon to know this. He is going to say, with all due respect, senators, this is an issue that's likely to come before The Supreme Court, and if I'm confirmed, I would have to adjudicate on this matter. As a result, I can't answer that question.
CAFFERTY: And Senator Cafferty would say, I want you to address the question in the abstract, Judge Alito. I'm not interested in what may or may not happen. If you're confirmed. You're not on The Supreme Court yet. Let's consider this issue in the abstract.
If you were standing before a law class at Harvard University, and a student asked this question, how would you answer it? Don't tell me about what may happen down road. I want it in the abstract. You tell me what the answer is.
BLITZER:: All right. Don't hold your breath waiting for the answer.
CAFFERTY: Be the easiest 10 bucks I ever made. Want to make the bet?
BLITZER: Coming up, new progress for only survivor of the Sago Mine disaster. Plus the latest on the investigation into what went so horribly wrong.
Also ahead, a bridge to nowhere for Cubans trying to flee their homeland for the United States. We'll tell you what happened. This is a strange case and why Cubans are protesting right now.
Americans deliver their verdict on the president's choice for the high court. We have new poll numbers on Samuel Alito, his views and how abortion figures in to the debate.
You're in THE SITUATION ROOM.
(COMMERCIAL BREAK)
BLITZER: She's a baby with a rare medical condition, brought to the United States for treatment. In her brief three months of life, an Iraqi baby known as Baby Noor has never known a life free from a severe birth defect. Now she's undergone treatment right here in the United States to try to correct the problem. Our David Mattingly is joining us from Atlanta with details. David, what happened?
DAVID MATTINGLY, CNN CORRESPONDENT: Wolf, word from inside the operating room this morning was that this surgery could not have gone any better for little Baby Noor. Once the good news made its way out to the waiting room, we're told, there were tears of joy and tears of relief because this continues to be one lucky little girl.
Remember it was just a little over a month ago she was essentially sent home to die after being born with a severe form of spina bifida that doctors in Iraq could not treat. It was just by luck that she encountered a group of Georgia National Guardsmen who were looking for insurgents.
When they found her they rallied to her aid. Made a lot of very important phone calls and e-mails and now one huge humanitarian effort later, that surgery she needed to save her life happened today in Atlanta.
We are waiting now for a news conference to take place at the half-hour. We will hear from the neurosurgeon all the good details of what continues to be good news and a success story that was thousands, thousands of miles in the making. Wolf?
BLITZER: Thanks very much, David, for that. About ten minutes from now we'll go to that news conference. Doctors holding a news conference on Baby Noor's condition. We'll bring it to you live as it happens.
Back now to our top story though. Even before Samuel Alito's confirmation hearings got under way today, Americans were forming their own opinions about the Supreme Court nominee.
Our senior political analyst Bill Schneider once again joining us with the new CNN poll numbers. What did we learn, Bill? SCHNEIDER: We learned, we interviewed Americans over weekend, and they are inclined to support the confirmation of Judge Alito, 49 percent. That's not quite a majority. And there is a high level of no-opinion. Why are they inclined to support him?
Because most Americans say they now believe his views are in the mainstream. They only -- only 30 percent believe his views are too extreme, 19 percent again a high number, say they have no opinion. What would it take to convince Americans that Judge Alito's views are too extreme.
Suppose they become convinced after the confirmation hearings that Alito would vote to overturn Roe v. Wade. Then the majority says, "No, he should not be confirmed." That is a question he will be under pressure to answer, how he would rule under -- on a case involving Roe versus Wade, the 1973 Supreme Court decision that gave constitutional protection to abortion rights.
My guess is he's not going to answer it. I'll join Jack Cafferty in the wager. We're not going to get an answer to that question.
BLITZER: All right, I suspect you're right, both of you are right. Bill Schneider, thanks very much.
Let's bring in our senior legal analyst Jeff Toobin, our senior analyst Jeff Greenfield. How did day one go today, Jeff?
JEFF GREENFIELD, CNN SENIOR ANALYST: Pretty much as one would have predicted. You had both sides -- this is now a partisan divide in the Senate Judiciary Committee -- laying down markers for the questions they're going to ask. Republicans saying, "You're clearly qualified. It's ridiculous to force you to answer questions of how you would vote in future cases. We shouldn't do that. And you are clearly in the mainstream."
Democrats saying, "We really got to find out about some of the views, including those on abortions. And let's talk also about some of the decisions you rendered on a bench where you had a financial interest and may not have done what you promised us you'd do when you got to be a minor judge."
I would say if there is any surprise in this whole day, I'm not aware of it. Are you?
BLITZER: The most dramatic moment though was the 10 or 11-minute statement that Alito himself made. And that clearly is the most significant of all the posturing that was going on today.
JEFFREY TOOBIN, CNN SENIOR LEGAL ANALYST: Very much so. And I think the entire confirmation hearing is going to be shaped to a great extent by a single document, is this document from 1985 when then just a lawyer in the Justice Department, Sam Alito asked for a promotion at the Justice Department. And he said he was a especially proud to have fought the battle against Roe v. Wade, in a sense, against legalized abortion. In his opening statement today, he went out of his way to say, "Let's discount what I said when I was a lawyer. I changed when I was a judge over these past 15 years. I've learned it's a very different responsibility." Democrats are going to be saying and trying to prove the 1985 Alito was the real Alito. The Republicans are going to say, "No, you can't discount these 15 years as a judge."
GREENFIELD: Jeffrey makes an interesting point, and it means we should pay special attention to what Ed Gillespie said on this broadcast, where he said, "You know, 20 years have passed." And the reason that's important is there are conservatives who once favored the overturning of Roe, who say, "You know, after 30 years plus, it is settled."
Charles Freed (ph), who was Reagan's solicitor general and who was...
TOOBIN: ... Alito's boss.
GREENFIELD: Right. Who three times argued to overturn Roe, told me in an interview several months ago, "I would not argue that now. It's settled." So I think we did get a hint from Mr. Gillespie, who was one of Sam Alito's, what did you call them?
BLITZER: Sherperd (ph).
GREENFIELD: Shepherd, guides, that I think you're going to see that argument take full flower in the Judiciary Committee either from Alito...
BLITZER: ... And I think a lot of these senators have changed their own minds over the past 20 years, including Dick Durbin, for example, a key member of the Judiciary Committee.
TOOBIN: And it is not clear that that answer, which is very much what John Roberts gave. John Roberts basically said, "Look, discount what I said as an attorney." That's not -- may not fly with Alito as much, because he was so much more outspoken, had a longer history as a lawyer. And the Democrats are feeling much spunkier now than they were when Roberts was here.
BLITZER: Both of you will be here 9:30 a.m. tomorrow morning in THE SITUATION ROOM to continue our coverage.
GREENFIELD: Right here?
BLITZER: Right here.
GREENFIELD: In THE SITUATION ROOM?
BLITZER: You must be so excited.
GREENFIELD: It's just the highlight of my life.
BLITZER: Jeff Greenfield and Jeff Toobin, thanks very much. Still ahead, a group of Cubans flee their homeland, almost make it to the United States. But they're sent back. Seems a scene from an obscure immigration novel, perhaps. But it's called the Wet Foot, Dry Foot policy, and there is a lot of commotion going on right now. Why were these Cuban refugees sent back to Cuba? We'll tell you what's going on.
Also, we're awaiting the start of that news conference on the status of Baby Noor, the Iraqi baby with the severe birth defect who underwent first surgery earlier today here in the United States. We're going to go there live as soon as that news conference begins.
You're in THE SITUATION ROOM.
(COMMERCIAL BREAK)
BLITZER: Welcome back. It's an obscure immigration policy nicknamed Wet Foot, Dry Foot. It applies only to Cubans who flee their country. It permits those who make it onto U.S. soil a chance to stay. But those found at sea are usually sent back.
Today, 15 Cubans who recently landed on an abandoned bridge in the Florida Keys were sent back to Cuba. U.S. government says the bridge is not U.S. soil. Our John Zarrella is joining us from Miami now, where Cubans are protesting the decision. John, explain exactly what happened.
JOHN ZARRELLA, CNN CORRESPONDENT: Wolf, apparently it's an interpretation of a law and how you interpret it. Press briefing, news briefing, by family members and attorneys representing the 15 Cuban migrants, terribly distraught family members here today.
Last Thursday, 15 Cuban migrants made it to the Florida Keys Marathon, the Seven-Mile Bridge. The problem was they made it to the old Seven-Mile Bridge, a railroad bridge. And that bridge no longer connects in both directions or any direction to land. Their boat was sinking, they grabbed onto the pilings.
The Coast Guard rescued them from the pilings, but determined that the bridge is not connected to U.S. soil. Therefore, they fall under the Wet Foot policy, not the Dry Foot policy. So along with another 50 migrants or so, they were today returned to Cuba before attorneys representing them and their families here had an opportunity to try to stop it in U.S. court.
Those attorneys are saying they will still try to go to court to try and get the family members, some of these Cubans, back here to the United States, if they can. But that, Wolf, is going to be a very tall order. Wolf?
BLITZER: A sensitive and explosive issue, especially down where you are in south Florida, the Miami area. John Zarrella, we'll watch this story with you closely -- John Zarrella reporting.
In West Virginia today there is grief, hope and hard work. Funerals continuing for the 12 miners who died last week at the Sago Mine. At least three are scheduled for today after six services on Sunday. Most of the memorials are closed to the news media.
Meanwhile, the sole survivor from the tragic accident is said to be showing signs of progress, but still remains in critical condition. Doctors say Randy McCloy has a slight fever and will start physical therapy today to get more blood pumping into his arms and legs.
Amid all of this, investigations are now under way into what caused the accident and the federal and state response to that accident. Today the Labor Department said federal and state mine safety officials will hold a public hearing. West Virginia's governor has appointed a former mining safety official to look into the matter. Governor Manchin says he wants West Virginia to be safest mining state in the United States.
Meanwhile, a new poll gauges whether Americans think the media acted responsibly in covering the story. A CNN/"USA Today"/Gallup poll shows a near-even split, 46 percent say the media did act responsibly, 47 percent say the media did not act responsibly. The latest details on the Sago Mine accident are being disclosed and discussed online. Our Internet reporter Abbi Tatton is joining us now with more on that. Abbi?
ABBI TATTON, CNN INTERNET REPORTER: Wolf, with over 200 health and safety violations at the Sago Mine in 2005, the question is being asked, was this mine safe enough to be in operation? Well, that's being addressed on the web at Mine Safety & Health Administration Web site. This is the agency responsible for inspecting the mines around the country.
Can you see the details over there; some 70 violations at just one inspection alone last year. A Q&A section at the site is answering questions like should the agency have shut down the Sago Mine? What they're saying is, yes, over 200 violations but none involved an immediate risk of injury.
BLITZER: Abbi Tatton, thanks very much.
Let's immediately go to the CNN Center. Kyra Phillips standing by. There is a story breaking in Vegas.
What's going on?
KYRA PHILLIPS, CNN ANCHOR: We're monitoring these live pictures right now, Wolf. Evidently a construction worker fell down this trench. It's a 30-foot trench we are being told at a construction site in Las Vegas, Nevada. Rescue teams right now working to pull him out there.
As you can see, they've got him on a stretcher. Not quite sure what they're working on, or what they were building on. It's at Las Vegas Boulevard and West Serene. As you know, Las Vegas one of the fastest growing cities in the United States right now. Matter of fact, I believe it's now up there in the top five, even with Atlanta, Georgia. A lot of construction and a lot of building in the outer lying areas, also within Las Vegas, right there where all the casinos are. But these live pictures coming to us via KVBC out of Las Vegas, Nevada, as right now rescue teams are getting this construction worker that fell down a 30-foot trench. They've got him on the stretcher. They're getting ready to haul him out. We'll continue to monitor live pictures out of Las Vegas.
BLITZER: It's hard for me to tell, Kyra, but maybe you have a better sense. That's a 30-foot plunge, that plunge that we see right there?
PHILLIPS: Yeah. Here is what's interesting. We thought it was just -- we didn't think it was that far down. We thought it was just sort after break or hole in this construction area. But actually this is a trench that they have been digging along this building.
Whatever it is they're work on. We're still trying to figure that out -- 30 feet down. So we don't know if he was actually on ground, or he was on some type of apparatus when he went down into that trench. We don't know his condition yet. We're still trying to work that but they have him strapped in. They are a getting ready to pull him out.
BLITZER: We'll show those pictures to our viewers when they come in. We'll check back with you very soon.
Up next, Ariel Sharon's fight for life. We'll have an update on the Israeli prime minister's condition after his massive stroke. Is there any new reason for hope?
Plus, a live report from the pentagon on a deadly new suicide bombing -- yet again, in Iraq. We'll be right back.
(COMMERCIAL BREAK)
BLITZER: Let's go back to CNN's Kyra Phillips standing by at CNN Center with more on this and other stories we're following right now.
Kyra?
PHILLIPS: Thanks, Wolf.
A story you know all too well, you just came back from the region. Potential signs of recovery today from Israeli prime minister Ariel Sharon. Doctors say that Sharon slightly moved his right hand and leg after pain stimuli tests after his anesthesia was reduced Sharon also breathed on his own but remains connected to respirator.
He is in serious condition following a major stroke last Wednesday and his doctors caution that it will take days before it's clear how much he will recover.
The top Muslim cleric of the Kingdom of Saudi Arabia says the war on terror is actually a war on Islam. His comments came at a mosque at Mount Arafat, where more than 1 million pilgrims are taking part in the Hajj. The trek up the mountain is the annual rite's climax. In his speech to the pilgrims, Kingdom's Grand Mufti called on Muslims to unite against what he characterized as threats from the West.
Pope John Paul II for gave him and even visited him in prison. Now the man who shot former pope at point blank range is being released from prison. Mehmet Ali Agca attacked the pope as he greeted a crowd in St. Peter's Square outside the Vatican in 1981. It was later pardoned by Italian authorities and transferred to Turkey to serve time for another murder. His attorney says he'll be released on Thursday.
Nature is lending a help hand to firefighters in Colorado. Snow in the southern part of the state helped fire crews battle a blaze in the town of Aguilar overnight. The wind driven fire has charred some 5,000 acres now, but elsewhere fire crews aren't so lucky. At least 43 wildfires have been reported in Arkansas with others burning across drought parched areas of Oklahoma and Texas. Fire officials fear this blaze in Sebastian County, Arkansas, may destroy 1,500 acres before it's under control.
PHILLIPS: Wolf, take it back to you. We have more coming up of course in the next hour.
BLITZER: Thanks very much. Kyra Phillips reporting for us.
We're standing by for the start of this news conference in Atlanta, Baby Noor, little baby was brought to the United States from Iraq for emergency spina bifida surgery. We'll update you on what's going on what that news conference begins.
Also, how should the Supreme Court nominee Samuel Alito respond to questions about domestic spying? Our question of the hour, Jack Cafferty has your e-mail. That's coming up.
Before we go to break, though, I understand the doctor is now speaking in Atlanta. The doctor is speaking on the condition of Baby Noor. Let's listen in.
DR. ROGER HUDGINS, CHILDRENS HEALTHCARE OF ATLANTA: ... that still remains the case. I am privileged and honored to be part of this, and that's all.
I think that the real heroes start a long time ago. They started with this family. They start with the grandmother who had the courage to walk up with men with guns and say, help us. It starts with parents who will let their child go, for a time, so that they can get the best care for their child that they possibly can.
It's with our Georgia soldiers who took this as a mission. And who if they're watching, or will be watching this at any time, I'd like to just thank them, because they have put all of us in a position where we can feel good that we've done this baby a good deed.
Today's surgery did go very well. It was as difficult as I thought it was going to be because, again, this was not the time that we typically close a defect such as this. We usually do it within the first couple of days. And because of that, skin had grown up over the top an over the top of the spinal cord. But using I think the latest state of the art equipment, Children's Healthcare of Atlanta provided us, we were able to dissect the skin off of the spinal cord, to roll it back up as we've been talking about over the last few days, put it back where it belonged. And then close many layers over the top of it.
I would like to thank Dr. Fernando Bernstein, a pediatric plastic surgeon, who did the last two layers of closure and got everything looking good. We worked together as a team all the time. And I think that again one of the things that I would like to emphasize is that in pediatrics, and at the hospital, a lot of the things that we do, we do in tandem and with our partners and with a team like this. So there is no one person that did anything. And I just am appreciative of them all. Thank you.
Any questions?
QUESTION: Yes. Doctor, Diana Davis from Channel 2 in Atlanta. You have discussed it before, but can you once again review for us what your best hopes are for little Baby Noor's future and the outcome of this surgery?
HUDGINS: Sure. It does look like she's not going to be able to move her legs. That is, she's going to be paraplegic. Unfortunately, that's the exam that she had when she first got here. I suspect that it's the exam that she had since birth.
I say that because it looks as if she's got what we call a sensory level at about the mid part of her abdomen. Her belly kind of bows out a little bit when she breathes. That's typical of a child born this way. She's also going to have bowel and bladder issues, bowel and bladder control issues as she grows up.
On other hand, any of you who have had the opportunity to come in contact with this baby know just -- the charisma, I guess for lack of a better word -- from a three-month-old. She just radiates good feeling. She looks you in the eye. She is smiling now. She cooing in the most delightful little way. She just cooed in the office for the first time. I'm pretty proud of that. She chose our office to do that.
So it is my hope that she will be developmentally and mentally normal. We take care of a lot of children with spina bifida, many of whom are paraplegic but do very, very well.
QUESTION: What about the next surgery, the shunt? Is that still going to take place?
HUDGINS: Well, it's not definitive. Because now that we've closed this sac, there is a good possibility that the fluid will begin to build up within the brain. We have tentatively placed her on the schedule for a shunt on Wednesday. What we're waiting to see is whether she develops signs of increased intracranial pressure. That's been in the news a lot this last several days, it's really the same here.
It's a little bit different in a baby though, how you assess that. Worry's watching for signs of increased pressure. If and when arise, a shunt will probably be the operation that we do, but as I've had a couple days to think about it, and to --
BLITZER: While the doctor is speaking, you are looking at these live pictures from Camp Victory in Iraq. These are U.S. troops who were responsible in rescuing Baby Noor and helping to make the arrangements to get her to Georgia for this emergency medical procedure. That is clearly going to save Baby Noor's life. Without this procedure, Baby Noor could not have survived in Iraq. Let's go back to the doctor.
HUDGINS: Little slow in my Arabic, but I am working on it. Their reaction through this whole thing has been one of, I think, profound thankfulness. They have been, from the very beginning, as best I can tell through facial expressions and from the words that I get through the translator, they have been as pleased with the care, as pleased with being here and just very, very thankful for the care that we're giving their daughter and grandchild.
QUESTION: Emotionally, what does that do to you as a neurosurgeon to be able to give this kind of a gift to a family?
HUDGINS: As a neurosurgeon, I'm not supposed to have those kind of feelings. All right? You know, if I tell you, you got to not tell anybody. All right? Just between us.
No. The reason I went into pediatrics is because I loved this stuff and I love being with babies and being with small children. I've put up with -- no. I love babies. And this is a very special feeling. I get this from my work all the time, though, to be quite honest with you. I don't quite often do it in front of cameras.
But this is a special baby. And it's just neat to kind of watch her go through milestones and go through what -- a big surgery like this, a difficult time, and do well. I appreciate it.
QUESTION: Doctor Hudgins --
BLITZER: Doctor Roger Hudgins is the neurosurgeon who was part of the team that performed this emergency surgery on Baby Noor. You're looking at these live pictures coming in from Camp Victory in Iraq as well. U.S. troops who were involved in rescuing Baby Noor and helping to make the arrangements to get her flown to the United Sates for this treatment. They're watching this on television as well.
Also if you want to see this you can watch this on CNN.com. They're watching it on CNN.com/pipeline. Our new video streaming service on CNN.com. You can go there as well and watch the news conference with Dr. Hudgins. But by all accounts he says the surgery has gone well and Baby Noor will survive.
We'll take a quick break. When we come back, more on our top stories. Samuel Alito, day one of his confirmation hearings. How did they go? Our strategy session.
And all the day's other news right after this. (COMMERCIAL BREAK)
BLITZER: Center stage on Capitol Hill today, Samuel Alito's confirmation hearing. But Congressman Tom DeLay, Republican ethics, a new leadership fight also in the spotlight in our "Strategy Session" today. Democratic strategist Donna Brazile, and Bay Buchanan, president of American Cause.
In our new CNN/"USA Today"/Gallup poll, Donna, we ask are Alito's views mainstream or too extreme; 52 percent of the American public responded mainstream, 30 percent, too extreme. By and large people think he's mainstream.
DONNA BRAZILE, DEMOCRATIC STRATEGIST: I think that's one of the reasons you saw today this strategy on behalf of the Republicans to present Alito, the person, not Alito and all his strong views and opinions on all these very controversial issues.
That strategy may work on day one, but on day two when we get into the question phase of this, that may come apart. Those questions may go directly to whether or not he should be qualified to take O'Connor's seat.
BLITZER: When the question is asked, Bay, should the Senate confirm Alito, if he would overturn Roe versus Wade, which authorized approved abortion for women in the United States, 34 percent said yes; 56 percent, a solid majority, said no, he shouldn't be confirmed if he says he's going to overturn Roe versus Wade.
BAY BUCHANAN, PRESIDENT, AMERICAN CAUSE: That's why one of the reasons he will not be answering that question -- nor should he. The game plan here, Wolf, is clear. His job is to win confirmation. That's what his job is for next couple of days.
He, right now, has 55 Republicans. The Democrats have to knock off some of those Republicans. They have to get the moderates to be uncomfortable and nervous about him. This is the issue, abortion, on which they can do that. That's why you saw Governor Whitman right out there. She is a very respected pro-choice Republican. She's saying to her fellow pro-choice Republicans he's good he's solid and he'll interpret the Constitution and you don't have to worry about his personal beliefs.
BLITZER: You think all the Democrats are lined up against Samuel Alito or are there some who will vote to confirm?
BRAZILE: I don't think they're lined up one way or another. I think what they are doing right now is assessing not only his record and his demeanor, his judicial temperament, and they'll reserve judgment until the end of the process.
BUCHANAN: Their game plan -- I disagree with Donna on that, Wolf. Their game plan is to defeat this man. He'll not move the courts a notch to the right. They need to defeat him now. That way the president -- the next person up, the president will probably choose -- what their hope is -- somebody a little more liberal. BRAZILE: But the Democrats will not give him an easy pass. This is not Justice Roberts who many Democrats viewed as replacing another conservative jurist. This is the O'Connor seat. So Democrats will question very closely.
BLITZER: Let's talk about the fighting amongst Republicans in the House of Representatives right now. Roy Blunt who the acting majority leader after Tom DeLay was forced to step aside after having been indicted, he sent a letter to colleagues saying, "Unfortunately, the recent scandals have caused some to question whether we have lost our vision and whether the faith they placed in us is justified."
How much turmoil, Bay, is there among Republican ranks in the House of Representatives, right now?
BUCHANAN: A great deal. I have spoken to conservatives up there on Hill, and they're very concerned at the split. Ones I'm talking to are looking like they're solidly behind Blunt, they're moving in that direction. They're very nervous. They really feel their agenda is going to take a hit and they'll have a hard time getting anything through, their agenda as conservatives, through.
BLITZER: John Boehner wants to be the House majority leader. So does Roy Blunt.
BUCHANAN: Yes.
BLITZER: So they have a little fight. Nothing wrong with Republicans, Donna, fighting among themselves. Is there?
BRAZILE: This is not a game of checkers. This is a game of chess. What they're trying to do is just say this is DeLay and not institution. What is happening over the last decade is that there has been a system, culture of corruption that's set in, a pay-the-play scheme that most people want to get rid of. You now see both Republican as well as Democratic lawmakers putting forward serious reforms in the institution. Let's see if the new leadership will embrace those new reforms.
BLITZER: Bay, some Democrats are already saying, maybe this -- for the Democrats in the House, it is like 1994 was for the Republicans when they finally took the majority in the House of Representatives. Is that possible that that could happen in November?
BUCHANAN: Well, anything can happen this year. I'd be the first to admit there could be a real swing here depending how the American people respond, what we learn with Jack Abramoff talking.
But I think that is a dream. Think it could get closer. I think it looks right now as if it won't and great year for Republicans. But right now I don't believe that they will lose the majority. And I think there is also a chance that the Democrats could overplay their hand, screw this whole thing up. And we could hold what we have.
BLITZER: All right. We'll leave it right there. Bay Buchanan, Donna Brazile, thanks for helping us today. BRAZILE: I disagree.
(LAUGHTER)
BLITZER: Not surprised that you do.
Still to come, another hour in THE SITUATION ROOM. Will the Tom DeLay scandal affect this year's mid-term election? We'll have more on that. Our Senior Political Correspondent Candy Crowley has the latest.
Plus, details of the medical problem that sent Vice President Dick Cheney to the hospital at 3:00 a.m., earlier this morning. What doctors are now saying about his condition. All that coming up in THE SITUATION ROOM .
(COMMERCIAL BREAK)
BLITZER: Samuel Alito's Supreme Court aspirations date back to his days in college. Our Internet Reporter Abbi Tatton joins us now with more on the nominee's time at Princeton University. What are you picking up?
TATTON: Wolf, seems like nominee Samuel Alito has been waiting for this week for some time. Here is the Princeton University site where they've released photos and information from his year book. Here is the young freshman, Samuel Alito. But it's his bio that's especially interesting here.
Not only do you find out that he enjoyed researching in Italian cafes, but look at his aspirations. He wants to go to law school, it says, and also one day warm a seat on the Supreme Court. Another mention at the 25-year reunion at Princeton there of the Supreme Court where Alito says, lists as his accomplishments the 13 cases he argued in front of the Supreme Court, that from 1997. More documents available at the Princeton University Web site.
BLITZER: It's amazing how these things work out, Abbi. Thank you very much.
Jack Cafferty, when he was in college, he wanted to warm a seat here in THE SITUATION ROOM.
And, Jack, it has happened.
JACK CAFFERTY, CNN ANCHOR, THE SITUATION ROOM : At least I have a seat here in THE SITUATION ROOM. When is the last time you slept in your own bed?
BLITZER: Few days ago.
CAFFERTY: Yeah, like many days ago.
All right. The senators, the good stuff on the Alito thing, Wolf, starts tomorrow. That's when the senators can ask him about Roe v. Wade and about this decision by the president to authorize the NSA to wiretap Americans. The question we are asking is how should Judge Alito respond to questions about domestic spying?
Janice writes: "If they don't ask Alito about the NSA ruling, they might not have jobs in Congress after the next election.
Bruce in Austin, Texas: "That's exactly the question I'd like to have answered. Judge Alito said, no one is above the law. Does this include King George?"
Ken in Yuma, Arizona: "He should say exactly what Bush, Cheney and other right-wing leaders have told him to say. That's how it works. Isn't it? The sooner this circus is over the better. We already know how this movie ends."
Gary writes from Butte, Montana, where my dad was raised, coincidentally, "Someone should ask the judge what's the rule of law? Does it apply fairly and equally to all citizens and should the courts be independent of all branches of government regardless of the administration points of view? Whatever answer, we should hold him to it if he's selected to sit on Supreme Court."
And Patrick writes in Manhattan Beach, California: "Careful, Cafferty. You might be disappointed in the answer you get. Supposedly they'll answer that the president is within the law. You will have wasted a perfectly good Bush bashing tirade on your segment."
Wolf?
BLITZER: I suspect you'll have a lot of fun over the next few days watching this hearing, Jack. What else are you looking for?
CAFFERTY: Well, obviously, his answers concerning Roe v. Wade. The thing that's most fun is to watch the senators on the judiciary committee sit and ask these questions of these guys, and if you did a comparative I.Q. study, the guys like Roberts and Alito's I.Q.'s, I think, would be off the charts compared to some of these senators.
Yet the senators sit there and pontificate and pretend like they are so smart. And in fact I'm not sure how smart some them are. So I kind of enjoy watching the senators sort of babble on about things that they think are important. And then watching the candidates kind of turn it around and stick it in their nose.
BLITZER: All right, Jack. Jack Cafferty with "The Cafferty File". Thank you very much.
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