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CNN LIVE SATURDAY

Black Market is Thriving in Iraq. Judge Samuel Alito Skates Through Senate Questioning; Teen Held Captive at Middle School by Another Student Comments on His Harrowing Ordeal; Whether Zawahiri is Dead or Alive, There is Some Political Fallout to CIA Military Actions on Pakistani Territory; CNN Security Analyst Discusses Importance of Zawahiri in War on Terror; Whole Food Market Plans on Switching Over to Wind Energy.

Aired January 14, 2006 - 14:00   ET

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

FREDRICKA WHITFIELD, CNN ANCHOR, CNN LIVE SATURDAY: Unfolding this hour, in his own words, dramatic new details from a student held hostage at gunpoint inside a Florida middle school. We're live with this story.
A CIA air strike in Pakistan targets the No. 2 man in Al Qaeda. Only DNA test results will confirm whether he was killed, or not.

And a developing medical story this hour. For the first time the government is urging doctors not to prescribe to popular anti-viral drugs used to fight the flu. So what other options are available? We'll find out from the CDC in a live news conference.

Welcome to CNN LIVE SATURDAY. I'm Fredricka Whitfield. Let's get started with other headlines.

After nine months on the run a reputed mob boss is now in federal custody. The FBI says Joey the Clown Lombardo was caught yesterday in suburban Chicago. The 76-year-old Lombardo, and more than a dozen other people, are charged with plotting several murders tied to organized crime.

Doctors in Jerusalem are reporting no change in Israeli Prime Minister Sharon's condition. He remains in serious condition. Hospital officials say a new medical test showed activity in both brain lobes. The 77-year-old Israeli leader suffered a massive stroke 10 days ago.

Officials in Iraq say certified results from last month's election should be available by late next week. This, after the Iraqi election commission receives a report from international monitors looking into fraud complaints.

Topping the news, a classmate briefly taken hostage yesterday by a 15-year-old teenager inside a Florida school speaks about his ordeal. Meanwhile, the teenage suspect remains on life support in a hospital. He was shot during a police standoff at school, after aiming what appeared to be a handgun at a SWAT member. JJ Ramberg is in Longwood, Florida, with the very latest -- JJ? JJ RAMBERG, CNN CORRESPONDENT: Hey there, Fredricka. We got this footage in a few hours ago. This is exclusive video that we got from our affiliate here, WKMG.

This was an interview with a 7th grader at the school, yesterday, where he was taken, as you were saying, briefly taken hostage by the student who was wielding what we now know to be a pellet gun. But at time yesterday, almost everyone at the school, that includes law enforcement officers and teachers and students thought it was a real gun. The student was interviewed yesterday with his mother there as well. Let's hear what he has to say.

(BEGIN VIDEO CLIP)

MAURICE COTEY, 13-YEAR-OLD STUDENT: Everyone ran out of the classroom except for me and this one girl. And we were walking and he said, you stay. So the girl, she ran out of the classroom. And he told me to get up against the black board, and I did, and he put the gun to my back. And then I told him please don't shoot me. Please, don't shoot me.

(END VIDEO CLIP)

RAMBERG: Maurice Cotey goes on in the interview to explain an was really an extraordinary and harrowing experience for him, of having a scuffle with Christopher Penley (ph), the student wielding the gun. And then eventually kicking him, being left in the closet while Christopher Penley (ph) ran through hall ways chased by school resource officers. Eventually, Christopher Penley (ph) was cornered in an alcove, by law enforcement officers and, as you said, he was shot by a member of the SWAT team. He's still in the hospital right now. And we're keeping an eye on developments there -- Fredricka?

WHITFIELD: All right. JJ Ramberg, thank you so much.

Reports quote a Pakistani official saying Ayman Al Zawahiri, the No. 2 man in the Al Qaeda terror network was killed in a CIA air strike in Pakistan. Earlier U.S. sources told CNN Al Zawahiri was the target of the air strike near the Afghan border Friday. Senior Pentagon Correspondent Jamie McIntyre is following the developments. He joins us now with the latest.

Jamie?

JAMIE McINTYRE, CNN SR. PENTAGON CORRESPONDENT: Well, Fredricka, what began as what the CI apparently believed was a good shot at taking out Osama bin Laden's chief deputy, has turned into an example of the limitations of targeting individuals on the ground from the air.

At least 18 people have died in this air strike that occurred yesterday in northwestern Pakistan, including some women and children, but apparently not the intended target, who knowledgeable sources tell CNN was Ayman Al Zawahiri, the No. 2 in Al Qaeda and Osama bin Laden's, again, chief deputy.

Once that became clear, Pakistani officials have begun complaining publicly and formally about the U.S. use of force within Pakistan's borders.

(BEGIN VIDEOTAPE)

SHEIKH RASHID AHMAD, PAKISTANI INFORMATION MINISTER: The minister said while this act is highly condemnable, we have been, for a long time, striving to rid all our tribal areas of foreign intruders, who have been responsible for all the misery and violence in the region. That situation has to be brought to an end. He said it is also responsibility of the people of the areas to fully cooperate.

McINTYRE: A Pakistani information minister also said he wanted to assure the people of Pakistan they won't allow such incidents to reoccur, this is the third time in two months that the CI has reportedly pulled the trigger inside Pakistan.

Back on December 3rd, they killed a man in a missile attack, they claimed to have killed the operations chief for Al Qaeda. And just last Saturday, there was another strike which it appeared the U.S. helicopters fired on a house in northern Waziristan. And in that case Pakistan complained to the U.S. military across the border in Afghanistan.

But if it turns out this was, in fact, an accident or that there was a large number of unintended civilian deaths it could put pressure on the Pakistani government to reel in the CIA. But what the CIA has shown is they have the ability and intelligence to act when they think they have a good target. And the question now is to what extent will they be able to continue to do that, if they have an incident which there's been a large loss of innocent life, Fredricka?

WHITFIELD: Jamie McIntyre, at the Pentagon. Thank you.

Well, many of you have seen Ayman Al Zawahiri on videotapes, like the one you're about to see, trying to insight his followers with fiery rhetoric. The Egyptian-born doctor is widely considered the brains behind Al Qaeda. Terrorism experts believe he helped mastermind the September 11th attacks.

In 1998 Al Zawahiri formed the world Islamic Front for the Jihad Against Jews and Crusaders. The following year he was sentenced to death in absentia for alleged plot against U.S. interests in Albania. And in 2001 a U.S. attack on his residence killed Al Zawahiri's wife and three children.

Pakistan's foreign office has lodged a protest with the U.S. ambassador over the strike aimed at kills Al Zawahiri. Joining us to talk about the CIA operation and how it is likely to affect U.S. and Pakistani relations, is CNN National Security Advisor and former deputy CIA director, John McLaughlin. He joins us from Washington.

Good to see you, John.

JOHN McLAUGHLIN, CNN NATIONAL SECURITY ADVISER: Good afternoon, Fredricka.

WHITFIELD: You have to wonder as a result of this, Jamie was outlying about three recent attacks involving CIA operations in Pakistan. How this latest attack might affect the CIA relations with Pakistan, specifically as opposed to overall U.S. relations with Pakistan, would thereby a difference?

McLAUGHLIN: Well, in the end it would depend a lot what actually happened here. And the first thing we have to say, despite all the conflicting reports we have so far, we don't really know what happened here yet. A number of things are possible.

It's possible still that Zawahiri was killed, but we don't know that. I think it's surprising to me that people would have come to a conclusion so quickly.

Secondly, it's quite possible that the number of Al Qaeda figures, were killed here with the expectation that Zawahiri might have been among them. But perhaps he wasn't. So it may be an Al Qaeda attack, a successful attack on Al Qaeda, but not on Zawahiri.

Another possibility is he was here but got away, any time you are operating from the air, there is always a lag time between intelligence and your ability to put ordnance on a target.

WHITFIELD: Well, before a targeted attack like this, what kind of assurances would the U.S. have provided Pakistan, that indeed Al Zawahiri is among the people, even if there are other Al Qaeda members in that particular location, in order for Pakistan to give the OK. OK, a strike is allowed on our property?

McLAUGHLIN: Well, of course, I don't know exactly what took place here between the United States and Pakistan. And the Pakistanis, and whatever they say about it, it would have to be rather guarded because of the tense politics in their country over their close cooperation with us. We have to put that into the mix as we evaluate what they say.

WHITFIELD: But in general terms, would the U.S. have to provide, or the CIA have to provide some kind of detailing account? They would have to be involved or involving Pakistan with this kind of targeted strike, wouldn't they?

McLAUGHLIN: In my judgment, again, allowing for the fact I don't know the facts for sure here. In my judgment and from experience, it would be unusual for the United States to operate in this area without Pakistani knowledge. And it would be unusual for the United States to attempt a strike like this without a reasonable degree of certainty that they had some real bad guys in the gun sites.

WHITFIELD: So if now Pakistan wants to talk to the U.S. ambassador or those conversation are ongoing, hypothetically speaking, what kind of detail may be extrapolated from that?

McLAUGHLIN: Well, I think, I have to go back to my first comment and say I think that both sides are trying to figure out what happened. You'll notice in the foreign ministry statement out of Pakistan, there is reference to the fact that there is a foreign presence in this area, so Pakistan is quite aware that this area is used by Arab Al Qaeda members and other extremists. So they share the United States goal to get those people out of that area.

And I would think that's one of the things that is being discussed here, it has been for quite some time is how do we jointly operate to rid Pakistan of this foreign presence. This area, because it is so borderless, if you will, is the closest thing around to a new sanctuary for Al Qaeda. And what's going on here is an attempt by the United States, and I think by Pakistan as well to ensure that it doesn't turn into a sanctuary. So both sides, really, the Pakistanis carried out sizable conventional operations in this area over the last year, particularly about a year ago. There's a shared commitment to cleaning the area out of Al Qaeda.

WHITFIELD: Earlier you alluded to the delicate politics involved with Pakistan, and we already know that Pervez Musharraf has been able to survive several assassination attempts. And there have been conclusions drawn because of his participation in the ongoing war on terrorism and relations in the U.S. that that makes him yet a target, but can you talk in general terms about what the future may hold for U.S./Pakistani relations, knowing that there's a lot of volatility here, particularly because Pakistan is so entrenched in this war?

McLAUGHLIN: Well, the Pakistani/U.S. relationship is very solid. Musharraf, of course, was someone who swiveled on a dime to support the United States strongly after 9/11. And he's been in many respects our closest ally in the war on terrorism. And both sides need each other.

He needs us for a whole range of reasons, having to do with the strength of his country, the strength of his military and so forth, and other disputes that he has within his country. And the United States needs him because the Pakistan settled areas, the cities and now these tribal areas have been a major source of -- for hiding places, and planning by Al Qaeda.

And the point you made is very important. Musharraf realizes that these people are out to kill him. They've tried it twice, and they have other plots against him. And they almost succeed on one occasion. So we also share that interest. It's a very personal interest.

So there will be some tensions when something goes wrong, and something can always go wrong in these operations, but I think the relationship, in my judgment, is strong enough to survive that.

WHITFIELD: All right. John McLaughlin, CNN security analyst, as well as former deputy CIA director, thank you very much from Washington.

Depend on CNN for late breaking developments on Ayman Al Zawahiri, you can log onto cnn.com for more on Al Qaeda's No. 2 man, including his latest videotaped message in which he called on President Bush to admit defeat in Iraq.

Well, parts of the country are cleaning up after some very rough weather. Straight ahead, we'll have the latest on what's ahead for the rest of your weekend.

And later, it may be one of the most wide open black markets in the world. You won't believe where you can find it.

(COMMERCIAL BREAK)

WHITFIELD: Known for her roles in "Diary of Anne Frank" and "A Patch of Blue", the always very fiery Shelley Winters has died at age of 85. She died of heart failure at the Rehabilitation Center of Beverly Hills. She had been hospitalized in October after suffering a heart attack, and now many months later she has passed away. Shelley Winters dead at the age of 85.

Across parts of the South, cleanup is under way after a powerful storm system hammered the region. A least nine people were injured last night when a suspected tornado touched down in a mobile home park in Manning, South Carolina. And a possible tornado hit parts of a subdivision in Gastonia, west of Charlotte. At least 18 homes were damaged. But no injuries were reported.

Before slamming into the Carolinas, the severe weather system spawned a tornado in Alabama. The twister, near Evergreen, in south Alabama, killed a woman and damaged more than a dozen homes. The National Weather Service says the storm was an F-1 tornado.

(WEATHER FORECAST)

WHITFIELD: Almost two weeks after the coal mine explosion in West Virginia, government documents are shedding new light on the tragedy now. They show that hours after the underground blast, deadly carbon monoxide gas poured from the Sago mine entrance, the emissions were more than five times the level that is considered safe for humans. The first rescue crew entered the mine nearly 12 hours after the explosion.

A public memorial service, "Honor, Hope and Healing" will be held tomorrow in Buckhannon, West Virginia, for the 12 men who died in the tragedy. We'll have live coverage beginning at 2:00 p.m. Eastern. And tomorrow night at 9:00 p.m. Eastern, tune into a special edition of CNN's "Larry King Live". Guests will include families of the men who died.

Checking some other stories make headlines "Across America" now: Crews in New Orleans are letting a fire in a debris pile burn itself out despite the risks that it could be in releasing dangerous chemicals into the air. The fire in the city's Lower Ninth Ward started late Thursday in a pile of rubble from Hurricane Katrina.

Three suspected members of a shadowy eco terrorist group now face criminal charges. The FBI says they were arrested at a shopping center near Sacramento, California. They're accused of plotting to blow up Forest Service facilities, cell phone towers, and power generation facilities. The three are believed to be members of the Earth Liberation Front, a group linked to several attacks on economic targets over the past six years.

In Connecticut, Kennedy cousin Michael Skakel is maintaining his innocence and blasting the justice system. He says the system is flawed and his case is a tragedy. Those comments after the state supreme court upheld his conviction for the 1975 murder of Martha Moxley.

Some big time legal questions were at the center of this week's grilling of the Supreme Court nominee Samuel Alito. Our legal analysts will weigh in on Alito's answers regarding abortion and the power of the president.

And is your cell phone giving away more information than you'd like it to? Find out next on CNN LIVE SATURDAY.

(COMMERCIAL BREAK)

WHITFIELD: Cell phone users beware. Can't really assume any use of your mobile phone is private, so-called data brokers, who can track cell phone records are selling almost any information about you. It can include who you call, when you were called and more. CNN's Brian Todd reports from Washington.

(BEGIN VIDEOTAPE)

BRIAN TODD, CNN CORRESPONDENT (voice over): Phil Becnel is a private investigator in the Washington, D.C., area, he says he doesn't use so-called data brokers to find private cell phone records because of the legal implications, but Becnel believes he knows why people use them.

PHIL BECNEL, PRIVATE INVESTIGATOR: Spouses wanting to determine if their other is cheating on them by determining who they've called recently; stalkers possibly.

TODD: Other security experts we spoke to, say online data brokers can be used in many devious ways. Companies can find out if employees have contacted their competitors with cell phones or if they have called psychiatrists.

Illinois Attorney General Lisa Madigan believes the law enforcement implications are enormous. Madigan's office recently subpoenaed Locatecell.com, one of the most prominent data brokers to find out how it operates. She hasn't heard back from the company and is preparing her next move.

CNN was unable to get a response from Locatecell.com. Madigan says among the most vulnerable are victims of domestic abuse. Many already don't establish land phone or utility accounts fearing their abusers may find them.

LISA MADIGAN, ILLINOISE ATTORNEY GENERAL: It's very difficult to protect yourself, if you're using a cell phone or any phone for that matter, if you know that somebody can, for $100 get a hold of the information that will allow them to find out when you're at work, when you're at home, where you are, who you're talking to, and therefore can potentially stalk and you track you down.

TODD: Other law enforcement officials say criminal gangs can pay the services to see if any suspected informants have contacted police using cell phones. Brian Todd, CNN, Washington.

(END VIDEOTAPE)

WHITFIELD: The U.S. is taking serious steps to try to eliminate Al Qaeda's No. 2 leader. Straight ahead, find out why Ayman Al Zawahiri is considered such a threat?

And there's more to Baghdad than suicide bombings and political strife. What about Nikes and X-boxes? Ahead, a side of Iraq's capital you may not have seen.

(COMMERCIAL BREAK)

WHITFIELD: A look now at our top stories.

A Florida boy says he tried to wrestle a gun from another student in class on Friday. Maurice Cody (ph) says he felt sure the gun was a toy because it started to come apart in his hand. The would-be shooter fled with the gun into a bathroom.

Police say they tried to talk him out, but shot him when he raised the weapon which turned out to be a modified pellet gun. The boy is on life support today, police describe him as suicidal.

We learned this hour that Academy Award winning actress, Shelley Winters, has died. She's was 85. The always boisterous actress had a heart attack in October. She won Oscars for her roles in "The Diary of Anne Frank" and a "Patch of Blue."

And after a seven year journey through space, a tiny probe is scheduled to return to Earth early Sunday morning. The probe is supposed to hold tiny pieces of comet dust that it captured two years ago. Scientists hope the specs will give them new clues about the origins of our solar system.

The CIA may have missed its target. Reports quote a Pakistani intelligence official saying al Qaeda's number two man, Ayman al Zawahiri was not among the 18 people killed in a U.S. missile strike in Pakistan.

Who is al Zawahiri and why is the U.S. spending so much time trying to hunt him down? CNN's Nic Robertson explains.

(BEGIN VIDEOTAPE)

AYMAN AL-ZAWAHRI, AL QAEDA LEADER: We want to speak to the whole world. Who are we?

NIC ROBERTSON, CNN SENIOR INTERNATIONAL CORRESPONDENT (voice- over): By the time Ayman Al-Zawahri burst onto the world scene after the assassination of Egyptian President Anwar Sadat, he was already a committed jihadi.

The young doctor came from one of Egypt's leading families. There is an al-Zawahiri Street in Cairo, named for his grandfather. Al-Zawahiri spent three years in prison after Sadat's assassination. After he got out, he made his way to Pakistan, where he treated those who fought against the Soviet occupation of Afghanistan. That's where he met Osama bin Laden. And, by the mid-1980s, they had found a common cause. He talked about it a decade later.

AL-ZAWAHIRI: We are working with brother bin Laden. We know him since more than 10 years. We have fought with him here in Afghanistan. We are working with him in Sudan and many other places.

ROBERTSON: Al-Zawahiri was at bin Laden's side when he declared war on America in May, 1998. Weeks later, they launched an attack on U.S. embassies in Africa. And after the 9/11 attacks, al-Zawahiri began to come out of the shadows, taunting the U.S., making it clear that he was al Qaeda's number two.

AL-ZAWAHIRI (through translator): Oh, American people, you must ask yourselves, why all this hate against America?

ROBERTSON: Along with bin Laden, al-Zawahiri became a man on the run after the U.S. invaded Afghanistan. His wife and daughters were killed in a U.S. airstrike aimed at him.

Al-Zawahiri's frequent messages in recent years on subjects ranging from the war in Iraq to the London subway attacks showed he was up to date on the news.

Nic Robertson, CNN, New York.

(END VIDEOTAPE)

WHITFIELD: Iran is heading for a showdown with Europe and the U.S. over its nuclear program. Iran's president insists Tehran has a right to nuclear research. They resume that research this week. Western nations suspect Iran wants to develop nuclear weapons, a charge its leader denies.

PRES. MAHMOUD AHMADINEJAD, IRAN (through translator): We are very cultural, very civilized people with a long history. We don't need weapon. We got enough rich culture not to need any nuclear weapon.

WHITFIELD: The United States, Britain, France and Germany want the issue to go before the United Nations Security Council.

Results from last month's Iraqi elections could be released next week. The Iraqi Election Commission is awaiting a report from international experts on alleged fraud before releasing certified results.

Officials warn final results could also be held up even longer if more complaints are lodged. Some 2,000 complaints are filed after the December 15 parliamentary vote. It's a nation at war, but business is thriving on the streets of Iraq. Almost anything is available at a steep price. Often the goods are fake, here's CNN's Michael Holmes with more on Baghdad's black market.

(BEGIN VIDEOTAPE)

HOLMES (voice-over): In a city with a dearth of electricity, patchy medical care, and precious little security, you want an Xbox? No problem. In fact, in Baghdad today, just about anything you want you can find. Just don't expect it to be the real thing.

OSAMA KHATAN, SHOPKEEPER: (through translator): We only have black markets here in Iraq. And we are doing good.

HOLMES: Video game stores are indeed doing good. Sales of PlayStation games, Xbox games and the like are brisk at a dollar apiece. Everyone of them, a fake. The real thing could cost an Iraqi half a month's salary.

KHATAN (through translator): Even the copies that we get from Malaysia (ph), they are copies, because the original is so expensive -- too expensive for Iraqis.

HOLMES: Perhaps the biggest black market item, gasoline. Prices through the roof in this oil-rich country, supply low, due partly to the insurgency and so the ubiquitous gas queues.

(on camera): In order to stop queues like this at gas stations, they brought in a system: even numbered license plates one day, odd the next. Seems sensible, but it just started another black market in fake license plates.

(voice-over): Which brings us to Ali Jasim, black market gas seller. Like hundreds of others, he gets his gas often watered down and marked way up and sold to desperate customers who don't want or can't afford to spend six hours at a gas station.

ALI JASIM, BLACK MARKET GAS SELLER (through translator): I don't like doing this, but I have to. I have no other job. And besides, the government doesn't help us. If I go to apply for a job, even the police force, you have to bribe them -- $600, $700. Getting a job is a black market.

HOLMES: It's all over, from guns, the latest movies, to clothing, to out-of-date medicine, to -- no, it's not real Nike, something the store owner, Muhammad (ph), doesn't even hide.

ALI MAJID, CUSTOMER (through translator): We have Nike, fake. We have Puma, fake. It's all fake from China, Syria, Reebok, Adidas.

HOLMES: The customer's not deceived, happy, even.

UNIDENTIFIED MALE (through translator): We know it's all fake. But this is best for us. We got this stuff, and it's cheap. HOLMES: The bottom line for black marketers, it's just business. And most Iraqis can't afford the real thing anyway, even if they could get it. We ask Osama Khatan what would happen if he decided to go legit.

KHATAN (through translator): There would be no business at all.

HOLMES: Michael Holmes, CNN, Baghdad.

(END VIDEOTAPE)

WHITFIELD: Is Samuel Alito ready for The Supreme Court? Our legal teams debate Judge Alito's performance before the U.S. Senate.

(COMMERCIAL BREAK)

WHITFIELD: A week of bruising questioning, an unflappable witness, now a vote. The Senate Judiciary Committee meets Tuesday on Judge Samuel Alito's Supreme Court nomination. Republicans hope to vote him out of committee that day and send Alito's name to the full Senate.

Democrats may stall a vote for a week. Other than a filibuster, which seems unlikely, political experts say there appears to be little the Democrats can do to deny the judge a seat on the nation's highest court. Two issues seemed to headline the hearings this week: presidential powers and abortion. Here's Congressional correspondent, Ed Henry.

(COMMERCIAL BREAK)

ED HENRY, CNN CONGRESSIONAL CORRESPONDENT: If Judge Alito has strong views on abortion, he tempered them.

SEN. ARLEN SPECTER, (R) JUDICIARY CHAIRMAN: Let me come down to the statement you made in 1985 that The Constitution does not provide a basis for a woman's right to an abortion. Do you agree with that statement today, Judge Alito?

JUDGE SAMUEL ALITO, SUPREME COURT NOMINEE: That was a statement that I made at a prior period of time when I was performing a different role, and as I said yesterday, when someone becomes a judge, you really have to put aside the things that you did as a lawyer at prior points in your legal career.

HENRY: He did not exactly run from the memo he wrote when he worked in the Reagan administration, but he reached out to Specter who supports abortion rights, and Democrats, by saying, in so many words, I was just doing my job.

ALITO: Today, if the issue were to come before me, if I'm fortunate enough to be confirmed, and the issue were to come before me, the first the question would be the question that we've been discussing, that's the issue of stare decisis. And if the analysis were to get beyond that point, then I would have to -- I would approach the question with an open mind. HENRY: Pressed on President Bush's domestic spying program and the broader issue of executive power, he said the president needs wide authority in a time of war, but --

ALITO: The Bill of Rights applies at all times, and it's particularly important that we adhere to The Bill of Rights in times of war and in times of national crisis, because that's when there's the greatest temptation to depart from them.

HENRY: The judge also found a way to backpeddle just enough when pressed on a 1985 job application in which he said he believes strongly in the supremacy of the executive branch.

SEN. EDWARD KENNEDY (D) JUDICIARY COMMITTEE: Those are your words, am I right?

ALITO: They are, and that's a very inapt phrase.

KENNEDY: Excuse me?

ALITO: It's an inapt phrase, and I certainly didn't mean that literally at the time, and I wouldn't say that today. The branches of government are equal, they have different responsibilities, but they are all equal and no branch is supreme on to the other branch.

KENNEDY: So, you've changed your mind?

ALITO: No, I haven't changed my mind senator, but the phrasing there is very misleading and incorrect.

HENRY: To some Democrats, that sort of answer smacks of evasiveness.

SEN. PATRICK LEAHY, (D) JUDICIARY COMMITTEE: I wonder whether he was one Samuel Alito in the 1980s, a different one today, whether he's running away from his record?

(END VIDEOTAPE)

WHITFIELD: And that report from our Congressional correspondent, Ed Henry.

As usual, we check in with our legal experts for their thought, New York criminal defense attorney Richard Herman joins me now along with Avery Friedman, good to see both of you.

Avery is a civil rights attorney and law professor, I just wanted to squeeze that in. Give you your props. Good to see you guys.

This was not the confirmation hearings we saw for John Roberts. Instead, this seemed quite tenuous, we know that there were 700 questions asked. But at the same time, despite all of that stuff, Richard, are we looking at next Supreme Court justice?

RICHARD HERMAN, CRIMINAL DEFENSE ATTORNEY: You know, Fredricka, they're already preparing the name plates for his office. He's going on the directories, he's absolutely, 100 percent going to be a Supreme Court justice for a very, very long time.

He's got a conservative agenda, President Bush ran on this platform, saying if I get elected I'm going to appoint a conservative justice to the court. The American people have spoken, they've voted in President Bush again for a second term, and he's doing exactly what he promised he would do. And unlike Harriet Miers, this candidate is supremely qualified for this position.

WHITFIELD: Avery, you agree, it's a shoe-in?

AVERY FRIEDMAN, CIVIL RIGHTS ATTORNEY: No, I think he's going to slide in because the truth is he's very well credentialed. But my concern, and I watched this gavel-to-gavel Fredricka, my concern was here are Senators, if you're sitting on the Senate Judiciary Committee, most of them are lawyers, so ask, this is a trial lawyer perspective, ask a direct question, these are sort of windbaggy questions.

WHITFIELD: And there's a lot of commentary, not just questions.

FRIEDMAN: I wonder how many times Samuel Alito is saying to himself, Senator, could you repeat that question again, please? You really didn't even know what the question was?

WHITFIELD: Or perhaps he was rather thankful that sometimes there wasn't a question. He just didn't have to respond.

FRIEDMAN: I think that's exactly right. He didn't have to answer the questions. They were speeches. And you know what, the Republicans were no less guilty than the Democrats. But the bottom line is that the judge kept his cool, it's going to be pretty tough. This is going to be an exciting week because there's the vote out from judiciary to the full Senate.

FRIEDMAN: Richard, what do you think we learned about Alito? I think everyone would agree with Avery, that he was rather unflappable. He was Cool under pressure. What did we learn?

HERMAN: I think, Fredricka, he sent up a signal when questioned by Senator Specter concerning Griswold v. Connecticut that he is probably going to align himself with the other justices on the bench and he will probably vote to overturn Roe v. Wade. I think we can glean that from his testimony here.

I also think we can glean his conservative agenda with respect to presidential powers during this period of time in our history. So I think we can glean he is a conservative candidate, and he comes with that agenda.

WHITFIELD: He would have to be a conservative, because a conservative certainly nominated him. Avery, I wonder, there are some analysts who say, you look at Alito and you might as well say you're looking at another Scalia or Justice Thomas. Did you see that many similarities in terms of conservatism?

FRIEDMAN: On a certain level. He showed a lot more intellect than Clarence Thomas. He showed equal intellect to Justice Scalia. But here's what I think is important. I think Richard got it half right. I think that he made clear that under stare decisis, existing precedent, I don't think we're going to see a change in the right to choose for American women.

I do agree, however, that -- and again, for some reason there wasn't an emphasis on this. As a judge, Judge Scalia gave a speech in 2000 to The Federalist Society, talking about a very reactionary approach on a broad executive power, and that, I think, is frightening, probably the best constitutional mind in America, Duke law professor, Erwin Chemerinsky, said that approach is a dangerous one, so yes, we've got a conservative, I don't think the book is closed. I think he's going to be open minded about a lot of the issues.

WHITFIELD: Richard, would you say that Alito made himself very clear on the powers of the presidency as well as his position on Roe v. Wade?

HERMAN: I think on Roe v. Wade, he clearly set the stage for overturning that position. With respect to presidential powers, I think he's going to give deference to the president during this period time in our American history.

The American Bar Association gave him the highest rating possible for a judge.

FRIEDMAN: That's right.

HERMAN: And in the past the Democrats have said that is the gold standard, how can anybody criticize him. He's a shoe-in, he's not going to tell these Democratic senators, I am going to support Roe v. Wade. He's not going to do it.

WHITFIELD: Before I let you guys go, yes or no response, please. Is this confirmation process in need of an overhaul, Avery?

FRIEDMAN: Let me say, this was a beautiful --

WHITFIELD: Yes or no!

FRIEDMAN: A beautiful experience for Americans to see. Because they really understand the process. I think it does not need an overhaul. Senators need to learn how to ask a question.

HERMAN: Yes, Fredricka, it needs an overhaul. I answered the question. Yes.

WHITFIELD: Very good. We're also of time. Always love to hear you from guys, Richard and Avery, thanks so much.

HERMAN: Bye-bye.

WHITFIELD: Would you choose a store based on what kind of energy it uses? Ahead on CNN LIVE SATURDAY, officials at one company are willing to bet that factor will resonate with consumers. (COMMERCIAL BREAK)

WHITFIELD: Sunshine has returned across much of the south after a day of violent weather. This was the scene after a suspected tornado touched down near Manning, South Carolina last night. The storm hit a mobile home park, injuring at least nine people, four of them critically.

Before slamming into the Carolinas, the severe weather system spawned a tornado in Alabama. The twister near Evergreen in south Alabama killed a woman and damaged more than a dozen homes. The National Weather Service says the storm was an F-1 tornado. Let's check in now with meteorologist Monica McNeal for the latest weekend outlook -- Monica.

(WEATHER REPORT)

WHITFIELD: Well, U.S. health food giant Whole Foods is going green. The chain is switching to renewable energy for the sake of our planet. CNN's Ali Velshi takes a look.

(BEGIN VIDEOTAPE)

ALI VELSHI, CNN ANCHOR (voice-over): Whole Foods is going with the wind. For the first time, a Fortune 500 company is going to get all of its store and office energy -- energy for every refrigerator, cash register and office light -- from the wind.

MICHAEL BESANCON, WHOLE FOODS MARKET: Among our core values at Whole Food Market are community and environment, and our customers and our team members expect that we walk our talk.

VELSHI: Wind energy comes from windmills, but that doesn't mean you will be seeing giant pinwheels in Whole Food's parking lots. The natural food chain is buying more than 458,000 megawatt hours worth of energy credits from Renewable Choice Energy, a wind power broker.

For every watt of electricity Whole Foods uses, it guarantees that what's put back into the energy grid to replace it comes from wind power, not coal or natural gas.

BESANCON: The impact of this purchase is equal to taking 60,000 cars off the road or the equivalent to planting 90,000 acres of trees, which would be equivalent to planning trees over the entire city of Detroit.

VELSHI: Whole Foods won't say how much of a premium it is paying to use wind, but wind energy credits, which are available for home use in all 50 states, typically cost about $15 more per month than your average electricity bill.

(on camera): Think about it like this. We paid about $1.30 for this roll of regular paper towels. We paid an extra dollar for this one. It's fully recycled. They both do the same thing. This one is just a little better for the environment. (voice-over): The EPA says green power use in corporate America is up 1,000 percent over the past five years. And the only group that now buys more renewable energy than Whole Foods? The U.S. Air Force.

Ali Velshi, CNN, New York.

(END VIDEOTAPE)

WHITFIELD: Still much more ahead on CNN this Saturday. Straight ahead, "CNN PRESENTS: UNDERCOVER IN THE SECRET STATE."

And ahead at 4:00 Eastern on CNN LIVE SATURDAY, going organic, the benefits and challenges of an organic diet. And I'll have a look at the headlines right after this.

(COMMERCIAL BREAK)

WHITFIELD: A look at our top stories, "Now in the News." The CDC urges doctors to stick to Relenza and Tamiflu for flu patients this season. The agency says two other anti-viral drugs, amantadine and rimantadine, don't work against a strain of influenza that is spreading

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