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Sentencing Trial of Zacarias Moussaoui Goes Forward; President Bush Touts Medicare Program; Port Storm Continues In Wake Of Dubious Remarks; Senators Pumped Oil Industry Executives For Answers On Prices; History Of Midterm Elections; New Information On The Future Of Katherine Harris' Senate Campaign In Florida

Aired March 14, 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: Thanks very much, Ali. And to our viewers you are in THE SITUATION ROOM, where new pictures and information are arriving all the time. Standing by, CNN reporters across the United States and around the world to bring you the day's top stories.
Happening right now, a new ruling only moments ago in the sentencing trial of al Qaeda conspirator Zacarias Moussaoui. Is the death penalty still in play?

A president at his lowest point in the polls hits the road. It is 4:00 p.m. in upstate New York where Mr. Bush has been defending the new Medicare prescription drug benefit. Can he heal his relationship with older voters before the congressional elections?

Also this hour, sparks fly over soaring gas prices. Senators take on oil industry executives. Did they pinpoint who is to blame for America's pain at the pump?

And George Clooney's revealing moment. It is 1:00 p.m. in Hollywood. After winning an Oscar, what does Clooney do for an encore. He's giving voice of divisions within the Democratic party. I'm Wolf Blitzer your in THE SITUATION ROOM.

Up first this hour, a developing story we're following. A federal judge has just ruled that the sentencing trial of al Qaeda conspirator Zacarias Moussaoui will go forward. She's allowing prosecutors to continue to seek the death penalty. Our homeland security correspondent Jeanne Meserve is joining us now. She's covering the trial in Alexandria, Virginia.

Jeanne, update our viewers, what exactly has happened in the past few moments?

JEANNE MESERVE, HOMELAND SECURITY CORRESPONDENT: Wolf, very dramatic developments here. Judge Leonie Brinkema has decided to keep the death penalty on the table but aviation testimony will be kept out of the trial. That's bad news for the government case.

The day was spent quizzing six aviation witnesses, current and former officials, about their contacts with one Carla Martin. Carla Martin is an attorney for the Transportation Security Administration who violated a court order against coaching witnesses by providing them with transcripts of some testimony.

Also there were e-mails and other communications discussing various court strategies. And today it was also revealed that a letter was written by government lawyers based on information from Martin saying that three of these witnesses would not talk to defense lawyers. Today when they were being questioned, those three witnesses said they were unaware of this letter and two of them indicated they would have been willing to talk to the defense if they realized that was a possibility.

Martin, we did not hear from today. She could be subject to sanctions for what has transpired here. She did appear in the courtroom this morning, but because she did not have legal representation, she was not questioned. Her lawyer indicated, late this afternoon she did finally retain one, that she would not be testifying in the immediate future here. But all of this very bad news for the government.

They had indicated that the aviation testimony was about half of their case. Their contention being that if Moussaoui had told the government what he knew about al Qaeda's plans to fly planes into buildings, that the FAA could have taken steps to stop the 9/11 hijackings. Without these witnesses it going to be very difficult to make that case, Wolf.

BLITZER: All right, Jeanne Meserve is going to be back with us here THE SITUATION ROOM later this hour and next. Thank you very much. Stay tuned to CNN day and night for the most reliable news about your security.

President Bush heading back to Washington this hour after parachuting into another political mine field. The place, New York State. The problem, the Medicare prescription drug plan that left many senior citizens scratching their heads. Just one more thing for the president's party to worry about in this midterm election year along with Iraq, the port deal debacle, Mr. Bush's record low job approval rating.

Our congressional correspondent Ed Henry is standing by on Capitol Hill. Let's going to White House first. Our White House correspondent Dana Bash has all the latest information.

DANA BASH, CNN WHITE HOUSE CORRESPONDENT: The White House is trying to score any points where they can get them. Today's event was about trying to correct political problems from the past.

(BEGIN VIDEOTAPE)

BASH (voice-over): Never mind questions about this year's agenda, the president is still pushing a Medicare prescription drug benefit he signed into law more than two years ago.

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: If you haven't looked at the new prescription drug benefit, do so. Call 1-800- MEDICARE. Go to medicare.gov on the Internet. BASH: The program began in January, but enrollment has been plagued by confusion and errors, leaving some with no coverage at all and a powerful voting block, seniors, skeptical, to say the least.

BUSH: It is working. It makes a lot of sense.

BASH: Older voters are a major election year Republican worry. Beyond concerns about Medicare, seniors, more than any other segment of the electorate, have regrets about the Iraq war. Sixty-eight percent, nearly seven in 10 seniors, in the new CNN/"USA Today"/Gallup poll think military action in Iraq was a mistake.

A sobering figure for Republicans who know Iraq defines this president and more broadly worry events like this one, revisiting the prescription drug debate, take precious time from advancing new initiatives. Yet Many GOP strategists see nothing particularly galvanizing on the Bush 2006 agenda anyway.

One priority is meeting conservative demands to limit spending. Another is a White House immigration proposal that many conservatives oppose. Low approval ratings have some Bush allies suggesting what one called a Jimmy Carter problem. A public perception he is no longer competent to run the government. If Mr. Bush is to emerge from his rut, one leading GOP strategist says it won't be based on his current agenda.

BILL MCINTURFF, REPUBLICAN STRATEGIST: What is going to have to happen is there is going to be -- have to have some external event that happens. The president handles it in a way that they kind of changes this current mood.

(END VIDEOTAPE)

BASH: That same Republican strategist, though, calls any talk of a lame duck presidency, quote, garbage. Saying that Mr. Bush is still the most popular figure in the GOP and by far the best fund-raiser, Wolf.

BLITZER: Let's not forget, Dana, the seniors vote much larger percentages than any other age group in America. What are you hearing about a possible shake-up. I ask this question almost every day because the rumors as you know in this town are swirling. That there is going to be some sort of shake-up in the staff of the White House. What if anything are you hearing?

BASH: Well, rumors certainly have been swirling for a long time. It is no secret there has been pressure for some kind of shake-up. CNN learned there actually is a move afoot by close friends and confidants to this White House to try to convince the president to at the very least bring in one or two new people. Senior, very seasoned people, perhaps even just one to help really what is obviously a struggling senior White House staff.

As we just talked about, there has been a lot of talk of whether or not the chief of staff would leave. Other senior members of the staff would or should leave. Some sources that I talked to who are involved in these conversations say that they have come to realize that it does not seem that the president wants to fire anybody or make any wholesale changes at this point.

What these sources are trying to do is convince the White House chief of staff that perhaps it is time to at least bring in somebody to help troubleshoot, help have conversations with senior members of Capitol Hill and also somebody who could just carry the work load. Unclear if that is going to happen. One of the sources I talked to said as soon as this becomes public, it is probably less likely for it to happen.

Certainly there are discussions about trying to get the White House to bring somebody new very senior in to help the struggling staff.

BLITZER: Thank you very much. Dana will stay on top of the story for us. To Capitol Hill now and the port deal mess. Yes, it is still a mess. At this moment it is looking as though the storm over the ports hasn't entirely cleared out of Washington. Let's check in with our congressional correspondent Ed Henry watching it for us. What are you hearing?

ED HENRY, CNN CONGRESSIONAL CORRESPONDENT: That's right. The forecast on this ports deal is still cloudy. In part because of confusing public statements by a top Republican as well as a company official raised new questions about whether DP World and that deal to run these six U.S. ports is really dead after all.

(BEGIN VIDEOTAPE)

SEN. CHARLES SCHUMER (D), NEW YORK: As I've said throughout this fiasco, the devil is in the details. However, the company, the administration still won't give any details up.

HENRY (voice-over): That cloudiness has been sparked in large part by Senate Majority Leader Bill Frist's answers to questions about the ports controversy on a Sunday talk show. Asked whether he's committed to killing the deal, no matter what, in the wake of vague statements by the company, Frist hedged.

SEN. BILL FRIST (R-TN), MAJORITY LEADER: Well, I think George, you're right in the sense we don't know what the outcome is going to be. We have the press statement and said what the company intends to do. We have to wait and see if they're going to do it.

HENRY: Republican John Warner felt compelled to approach Frist to clarify those comments. Warner who has been an informal liaison to DP World told Frist he's convinced the company is committed to a total and complete divestiture. A Frist aide told CNN the leader had merely answered a hypothetical question and does believe the deal is dead.

But new doubts emerged after the Associated Press reported that a vice-president for D.P. World's U.S. subsidiary sent an e-mail to business associates suggesting he's not aware of any effort to quickly transfer the port of Miami to a U.S. company. A company executive confirmed to CNN the gist of the email, which is giving Democrats fodder to demand that Frist let the Senate vote to officially kill the ports deal.

SEN. ROBERT MENENDEZ (D), NEW JERSEY: I am alarmed by the comments and the back pedaling that seems to take place in the comments of Senator First and others. And we will insist on such a vote until it is very clear to us that this is in fact a deal that is dead.

(END VIDEOTAPE)

HENRY: Frist still will not commit to a vote in the Senate. But unlike Frist, House Majority Leader John Boehner is mincing absolutely no words about this port deal. A short while ago telling reporters, quote, "it's dead and the House will vote this week to make clear that it is dead." That vote on the House floor could come as early as Wednesday or Thursday, Wolf.

BLITZER: Ed Henry on Capitol Hill, will stay on top of this story for us as well. Thanks, Ed, very much.

Something else for lawmakers to get riled up about today, that would be the high cost of gas. Senators pumped oil industry executives for answers and laid some of the blame for the gas prices directly on them and their companies. Andrea Koppel is covering that part of the story for us. She's joining us here in Washington -- Andrea.

ANDREA KOPPEL, CNN STATE DEPARTMENT CORRESPONDENT: Wolf, the numbers are simply staggering. Senator Dianne Feinstein, the ranking Democrat on the Senate Judiciary Committee today said that since 1999, there had been 2,600 mergers within the oil and gas industry with now five companies controlling about 65 percent of the industry.

(BEGIN VIDEOTAPE)

KOPPEL (voice-over): Top executives from some of the nation's biggest oil and gas companies had hardly been sworn in when lawmakers pounced.

SCHUMER: In his State of the Union address, we heard the president say that America is addicted to oil. If that's so, then these behemoth oil companies are some of our biggest dealers.

KOPPEL: Calling it merger mania, senators said the dramatic consolidation of the oil and gas industry over the last 10-to-15 years had had a direct impact on record high prices at the pump. Senators wanted to know why in the last two weeks alone, there had been an 11- cent jump in gas prices when they claimed the price of crude oil dropped seven cents a gallon.

SEN. CHARLES GRASSLEY (R), IOWA: Isn't a statement that you just made, kind of a form of market manipulation or gouging at the pumps? When you have the option of increasing supplies, but choose not to in an effort to boost the bottom line because that's what it seems to me, the produce superior returns refers to.

REX TILLERSON, CHAIRMAN AND CEO, EXXONMOBIL: Senator, our shareholders have certain expectations of our success today and the future.

KOPPEL: The president of Shell Oil fired back, blaming Hurricane Katrina for the rise in prices.

JOHN HOFMEISTER, PRESIDENT, SHELL OIL: Lack of access to energy resources and the hurricanes are the roots of the angst American consumers are currently experiencing. When supply is limited and demand is not reduced, the consequence is higher prices. In a free market, that's how it works.

KOPPEL: In fact, the CEO of B.P. America said consolidation helped the industry bounce back even faster.

ROSS PILLARI, PRESIDENT AND CEO, B.P. AMERICA: However it is likely that the increased capability and scale of today's companies contributed to a more efficient restoration of supply when it was necessary.

(END VIDEOTAPE)

KOPPEL: Before today's hearing, the chairman of the Judiciary Committee, Senator Arlen Specter, had prepared a bill that would strengthen restrictions on corporate mergers in this industry, blocking mergers that would, quote, "appreciably diminish competition." Last year Senator Specter's committee approved a similar bill, Wolf, but the measure stalled before it could be put into law, Wolf.

BLITZER: We saw it at the beginning of your piece, Andrea, they were sworn in, these witnesses, these oil company executives. What specifically is the implication of that?

KOPPEL: Well, this is apparently required, according to a spokesman for the Judiciary Committee. It's required that happen whenever they have witnesses appear before the committee.

But just last November, when some of those same oil executives testified before a couple of the other Senate committees, the commerce and energy committees, they were not sworn in. This was over strong objections by many of the Democrats on that committee, Wolf.

BLITZER: Andrea, thanks very much -- Andrea Koppel watching the story for us.

Let's check in with Zain Verjee at the CNN global headquarters in Atlanta for a closer look at other stories making news -- Zain.

ZAIN VERJEE, CNN ANCHOR: Hi, Wolf. We're monitoring a news conference right now from NASA. We want to bring you this information that we've got. NASA has decided to postpone the launch of space shuttle Discovery from May until at least July. We'll bring you more details when we get them. Meanwhile to the Middle East: prisoners holed up in a Palestinian prison in the West Bank town of Jericho surrendered after a 10-hour siege that reportedly left four people dead. Israeli troops used helicopters, tanks and bulldozers to storm the building. Israeli officials say that they didn't want several prisoners accused in the killing of an Israeli cabinet minister, the tourism minister back in 1991 to escape trial.

Palestinian militants outraged over the withdrawal of international monitors from the prison then decided to storm the British consulate and the European Union offices in Gaza. Militants also kidnapped six foreign nationals, including an American professor. Professor Douglas Johnson was later released. He says he sympathizes with the Palestinians frustration. We're going to bring you a full report on the Jericho unrest in the next hour of THE SITUATION ROOM.

Relatives gathered at a city morgue after Iraqi police said they found the bodies of 86 men in Baghdad since yesterday. Fifteen bodies were discovered in the back of a pickup truck, 29 others were in a mass grave. Some of the victims had been strangled. Others had been shot. At the Pentagon briefing today, the chairman of the Joint Chiefs of Staff said," Iraq is at a critical turning point and it is up to Iraqis to decide if they want peace or if they want civil war."

The U.N. Security Council's five permanent members met today on Iran's nuclear program, but they're still divided over how strong the council's statement should actually be. The British/French draft favored by the United States calls on Tehran to hold uranium enrichment activities. Russia and China want talks to continue with Iran.

Iran's supreme leader says Iran's nuclear fuel program is irreversible. Ayatollah Ali Khomeini also ordered Iranian diplomats aboard to defend the program. He says any retreat will endanger Iran's independence.

He'll still be in the building, but according to CBS News, Mike Wallace's role at "60 Minutes" will be somewhat different. The 87- year-old veteran newsman will do occasional pieces instead of on a more regular basis. CBS says it is not retirement, it is a new status, Wolf?

BLITZER: Eighty-seven-years-old, Zain, he's still working hard. Congratulations to Mike Wallace, he deserves a little break, though. He's a great journalist and we wish him only the best. Jack Cafferty, I know, does as well, right, Jack?

JACK CAFFERTY, CNN ANCHOR: Yes, we're almost the same age, thanks, Wolf. "Vanity Fair" has the latest on the leak of CIA operative Valerie Plame's name. Former "Washington Post" executive editor Ben Bradlee told the magazine the former State Department official Richard Armitage is likely the source of the information that was given to journalist Bob Woodward.

Bradlee told CNN he won't deny saying that but quote, "I probably shouldn't have said it." Both Armitage and Woodward wouldn't comment on the story. Meanwhile, Special Prosecutor Patrick Fitzgerald continues his investigation. Vice President Dick Cheney's former chief-of-staff Scooter Libby was charged with perjury, making false statements and obstructing justice.

But so far there is not any indication who actually leaked Valerie Plame's name. The question then is this: do you think the source of the CIA leak will ever be revealed? E-mail your thoughts to caffertyfile@CNN.com or go to CNN.com/CaffertyFile.

BLITZER: Thanks, Jack. And you're not as old as Mike Wallace in any definition of age.

CAFFERTY: It's close.

BLITZER: No, it is not.

Coming up, high anxiety on Capitol Hill. Will the midterm election be a political earthquake or not? We'll see if history is any guide.

Plus, will she drop out or won't she? The Florida congresswoman turned Senate candidate Katherine Harris keeping everyone guessing. Right now, we're going to tell you what we've learned about her plans.

And President Bush goes one-on-one with a teenager who overcame obstacles and made his hoop dreams come true. We're going to let you in as J-MAC meets George W. What a story, you're in THE SITUATION ROOM.

(COMMERCIAL BREAK)

BLITZER: Welcome back. It's less than eight months until the Congressional midterm elections. In politics, that's often considered a lifetime -- actually, a couple of lifetimes. Republicans up for re- election, though, this fall are counting on that as well. They're hoping that this time will give them a opportunity to heal some of the wounds.

Our new poll shows Democrats now have a 16 point edge over Republicans among registered voters nationwide. Democrats had only a seven point advantage last month. Should Republicans be hitting the panic button right now.

We're very glad out senior analyst Jeff Greenfield is in THE SITUATION ROOM here with us, right here to tell our viewers what is going on -- Jeff.

JEFF GREENFIELD, CNN SENIOR ANALYST: Well, Wolf, as you read those polling numbers on the midterm elections, you would assume there will be a Democratic sweep in November. Of course, if you believe polls taken in March really tell you what is going to happen in eight months, I have got some beach front property in Nebraska that you might be interested in.

So instead of guessing at what is going to happen, why don't we look at what has happened to figure out when midterm elections do shift the balance of power and why.

(BEGIN VIDEOTAPE)

GREENFIELD (voice-over): 1946 -- the end of World War II brought a strong sense of impatience with war time controls, concern over growing tensions with the Soviet Union, and bad news on the economic front. Had enough, Republicans asked? Yes, voters said, and the GOP gained control of the Congress for the first time since the beginning of the New Deal.

1966 -- two years after Lyndon Johnson's historic landslide win, an escalating war in Vietnam, and racial and generational upheaval, soured the national mood. Republicans didn't win the Congress but they gained 47 seats in the House, weakening Democratic control.

LYNDON JOHNSON, FORMER PRESIDENT OF THE UNITED STATES: Challenged at home and abroad.

1974 -- Democrats already had the Congress but the fallout from Nixon's forced resignation over Watergate led to big midterm gains for the Democrats: 48 seats in the House, five in the Senate.

1986 -- six years after Reagan's first triumph had turned the Senate Republican, many GOP senators up for re-election found they could not hold their seats without The Gipper at the top of the ticket. In a series of close races, Democrats gained five seats and took back the Senate.

1994 ...

BILL CLINTON, FORMER PRESIDENT OF THE UNITED STATES: Shift those costs to people.

GREENFIELD: With an unpopular Bill Clinton in the White House ...

SEN. HILLARY CLINTON (D), NEW YORK: Certain benefits in the health care system ...

GREENFIELD: ... a health care plan that just collapsed, a large group of retiring Democratic senators, and an aggressive Contract with America campaign led by GOP leader Newt Gingrich, Republicans won 52 House seats, nine Senate seats and won back both houses of Congress.

(END VIDEOTAPE)

GREENFIELD: All which of tells us what? Well, the Democrats need to nationalize these local races, either with a compelling theme or by feeding on issues like Iraq, Katrina and scandals to ask, had enough?

What history doesn't tell us though, is whether years of gerrymandering -- politically-motivated redistricting -- has left so few competitive seats in the House that taking over that body of Congress is almost politically impossible. BLITZER: Because the argument has been that there are really only 30 or 40, maybe 50 seats that even in the best of times are really competitive.

GREENFIELD: Well, the real sharp difference between 1994 when there were actually 100 competitive seats, but if there is a national trend that really is related to November, I'm not sure those numbers aren't going be revised upwards. So, you know, it is March.

BLITZER: That's why we love politics.

GREENFIELD: It ain't a science, I'll tell you that.

BLITZER: Jeff Greenfield, thanks very much.

And remember, you're in THE SITUATION ROOM where political news is arriving all the time. CNN, America's campaign headquarters.

Still ahead, he's best known for knocking the president, but now actor George Clooney is going after Democrats. We're going to tell you why he's so angry.

Plus, President Bush under attack on Iraq by his own party, so what is his strategy? To quiet fellow Republicans. Donna Brazile, Torie Clarke -- they're standing by in our "Strategy Session."

(COMMERCIAL BREAK)

BLITZER: George Clooney now has an Oscar in hand. So what more could this actor, director and heartthrob possibly have going for him? Well, how about a role as a spokesman for the discontented within the Democratic Party?

Our senior political analyst Bill Schneider is joining with us more -- Bill.

WILLIAM SCHNEIDER, CNN SENIOR POLITICAL ANALYST: Wolf, here's a man bites dog story. A Hollywood liberal attacks Democrats.

(BEGIN VIDEOTAPE)

SCHNEIDER (voice-over): Actor George Clooney -- make that Academy Award-winning actor George Clooney -- wears his liberal convictions proudly.

Now Clooney has come out swinging against Democrats. Clooney posted an online message saying, "the fear of being criticized can be paralyzing. Just look at the way so many Democrats caved in the run- up to the war. It drives me crazy to hear all these Democrats saying 'we were mislead.' It makes me want to shout, bleep you, you weren't misled. You were afraid of being called unpatriotic."

Clooney even made a movie last year about journalist Edward R. Murrow in which that message was a central theme.

UNIDENTIFIED MALE: We must not confuse dissent with disloyalty. SCHNEIDER: Democrats are feeling pressure from the left to be less timid in their opposition to President Bush. In fact, rank and file Democrats are more united in their opposition to President Bush -- 84 percent -- than Republicans are in supporting bush, 75 percent. Senator Russ Feingold has proposed a test.

SEN. RUSS FEINGOLD (D), WISCONSIN: When the president of the United States breaks the law, he must be held accountable. That is why today I'm introducing a resolution to censure President George W. Bush.

SCHNEIDER: He charges that President Bush illegally wiretapped conversations between U.S. citizens and suspected terrorists without obtaining a warrant. The administration called Feingold's proposal ...

DICK CHENEY, VICE PRESIDENT OF THE UNITED STATES: Poses a key test for our Democratic leaders on the other side. Do they support the extreme, counterproductive antics of a few, or do they support a lawful program vital to the security of this nation?

SCHNEIDER: Feingold's response? This is not disloyalty.

FEINGOLD: No one questions whether the government should wiretap suspected terrorists. Of course we should, and we can under current law.

(END VIDEOTAPE)

SCHNEIDER: Democrats responded cautiously. They may not appreciate being tested or criticized by Hollywood liberals -- Wolf.

BLITZER: Bill Schneider, thanks very much. Good piece.

More now on Iraq, the censure threat in our strategy session. Joining us, our CNN political analyst, Democratic strategist Donna Brazile and former Pentagon spokeswoman Torie Clarke.

Torie, I know you were over at the Pentagon today. The defense secretary Donald Rumsfeld had a news conference with the chairman of the Joint Chiefs of Staff. Listen to this little excerpt of what Rumsfeld said.

(BEGIN VIDEO CLIP)

DONALD RUMSFELD, U.S. SECRETARY OF DEFENSE: A free and stable Iraq will not go war against its neighbors, will not use chemical weapons against its own people, will not harbor or support terrorists, will not pay rewards to the families of suicide bombers, and will not seek to kill Americans.

(END VIDEO CLIP)

BLITZER: What's his strategy right now on this, the third anniversary of the U.S.-led invasion of Iraq? TORIE CLARKE, FORMER PENTAGON SPOKESWOMAN: Well, there was a lot more to that briefing than that particular sound bite. But what he was trying to do there is remind people of the objectives.

Because people say, "Oh, there's no exit strategy. Oh, we don't know what we're trying to accomplish." He was restating once again some very, very important principles about what we're seeking in Iraq. And great difficulties, of course, but some progress as well.

BLITZER: You understand the strategy the secretary of defense is putting forward?

DONNA BRAZILE, CNN POLITICAL ANALYST: I saw it. And I don't understand the strategy. Look, what I heard the president yesterday say is that we need some benchmarks. He's absolutely correct.

Democrats have been saying that for months that 2006 should be a year of great transition when the Iraqi people stand up and our soldiers can come home, when we can get more of our allies top help us out. I think the president has to be clear and concise and not try to give us a rosy picture. Instead, just tell us the truth and help us get the troops home.

BLITZER: Mark McKinnon, both of you know, he's an excellent political strategist, works closely with Bush and the campaigns. He's quoted in "USA Today" as saying, "There's no question that the president's legacy will be dominated by Iraq. The war is really driving almost everything in government."

And that's certainly reflected in our latest CNN-"USA Today"- Gallup poll. What will Bush be remembered for? We asked that question. Sixty-four percent said Iraq, 18 percent said the war on terrorism, 10 percent Katrina, five percent Supreme Court. Only two percent said the tax cuts. Iraq hovering over this presidency like nothing else.

CLARKE: Sure. But, look, the national security concerns and challenges are the most important things going on right now. With all due respect to the important domestic issue -- and by the way, we never talk about it, but the economy is doing pretty darn well here.

But with all due respect to those issues, the national security challenges are the most important. Is this a card that he thought he was going to be dealt when he became president? I'm sure not.

But is he comfortable saying, "Yes, these are the most important things on my watch"? Absolutely. It's going to take a long time, though, years before we really see how history judges him and his role in this very difficult time.

BLITZER: William Buckley wrote in "The National Review," one of the preeminent conservative thinkers in the country, "One can't doubt that the American objective in Iraq has failed. Different plans have to be made and the kernel here is the acknowledgement of defeat." That's from a good conservative, not from a Russ Feingold or a good liberal Democrat. BRAZILE: It's not from Jack Murtha. Look, at some point, the administration must concede that in the run-up to war, they mishandled the situation. They mishandled just about everything as it relates to the number of troops needed to win the war, the type of equipment needed to defeat the insurgency.

So I think the president last year started to acknowledge some of these mistakes, but clearly right now, we've got to make sure our troops can get out of harm's way, bring them home. But we need to make sure the Iraqis are ready to stand up on their own.

There's a political vacuum taking place, and I don't know why -- the administration just sent in James Baker, somebody to try to get the Iraqi people to sit down and come together. We need somebody to go...

CLARKE: I'll tell you, if you and Bill Buckley -- God bless you both -- were around in 1777, you would have thrown in the towel. I fully -- that's one of the problems with the debate about anything do with Iraq is all people focus on is the negative.

I fully acknowledge some bad things have happened, and there are great difficulties. But you have to also acknowledge some positive things have happened.

If we were standing here three years ago and we would have said the Iraqis would have had elections, they would have an important referendum, and the Sunnis, who said they weren't going to be part of the political process are now part of the political process, a smart guy like Wolf Blitzer who's covered the Middle East probably would have said, "Oh, you're nuts. That can't happen."

It's happened. Some important things are going on. It will take great, great efforts and determination going forward. But we can't be throwing in the towel.

BRAZILE: Nobody is throwing in the towel. But I'm not about closing my eyes and saying, "OK, let's look at all the rosy things."

(CROSSTALK)

CLARKE: It should be the good, the bad, the in-between.

BLITZER: Tom Friedman recommended in his column the other day, send Dick Cheney and let him shake things up there, Mr. Tough Guy.

Speaking of Dick Cheney, he reacted to Russ Feingold's recommendation, his resolution, to censure the president for what he called the illegal wiretaps without warrants that the president authorized. I want you to listen to what the vice president said yesterday.

(BEGIN VIDEO CLIP)

CHENEY: This outrageous proposition that we ought to protect our enemies' ability to communicate as it plots against America poses a key test for our democratic leaders. Do they support the extreme and counterproductive antics of a few, or do they support a lawful program vital to the security of this nation?

(END VIDEO CLIP)

BLITZER: Donna, you wrote a piece today in the "Roll Call," the newspaper up on the Hill today, in which you said that Russ Feingold is doing the right thing.

BRAZILE: Look, at some point, the Democratic Party and the leadership must grow a backbone. Russ Feingold is trying to tell the party and the country that we stand for the rule of law and the Constitution of the United States, and it's time that Congress provide oversight hearings and accountability to this president and not let him get away with breaking the law. That's what this resolution, in my judgment, is trying to say.

BLITZER: Because you know a lot of Democrats are nervous about this resolution.

BRAZILE: Well, they're nervous -- when Jack Murtha spoke out about a timetable, they're nervous. Now the president is almost embracing it. So just hold your horses, get behind Russ Feingold. Things will be OK in the morning.

BLITZER: What do you think?

CLARKE: For a national security standpoint, it's a distraction. And for politically opportunistic reasons, he's taken these shots at this program, Feingold is. So it's not good from a national security standpoint.

From a political standpoint, bring it on. Because what it does is reinforced doubts -- right or wrong, it reinforces doubts the Democrats are sincere enough and serious enough and tough enough on national security. Plenty of my Democratic friends are horrified at what Feingold is doing.

Harry Reid practically ran away from him. He said, "Oh, I've got to read things and think about this." That was the weakest vote of confidence you had from the Democrats going. So politically, it's better for Republicans.

BRAZILE: We can question Russ Feingold's motive. He's an independent Democrat. We shouldn't question his patriotism and his resolve to fight terrorism.

CLARKE: Who has? Who has?

BRAZILE: Well, that's what -- every time Democrats...

CLARKE: No, no, no.

BRAZILE: ... bring up something on national security. If the Republicans in the Congress would provide oversight on national security, on intelligence, perhaps Democrats wouldn't have to resort to these tactics of introducing censure resolutions. But I back Russ Feingold.

BLITZER: Donna Brazile and Torie Clarke, an excellent discussion today.

CLARKE: Thank you, Wolf.

BRAZILE: Thank you, Wolf.

BLITZER: Up next, she's best known for her role in the 2000 Florida recount. You remember, Katherine Harris running for the U.S. Senate. But -- and this is a huge "but" right now -- will the congresswoman stay in the race? We're going to tell you what we know, what we don't know. That's coming up in today's political radar.

Also, are iPods and other MP3 players a hazard to your health? We're going to get the situation online. Stay with us because you're in THE SITUATION ROOM.

(COMMERCIAL BREAK)

BLITZER: On our political radar this Tuesday, there's new information we're getting this hour on the future of Katherine Harris' Senate campaign in Florida. CNN political editor Mark Preston spoke to a Republican insider with knowledge of the campaign. And he tells our CNN political unit that the congresswoman intends to announce this week she will stay, repeat, stay in the race.

But the insider cautions that Harris is, quote, "unpredictable". She might stun everyone by saying she will quit. Harris has been under pressure from GOP leaders to end her bid to challenge the Democratic incumbent Bill Nelson. She's been under increasing criticism for ties to a defense contractor who pleaded guilty to bribing former congressman Randy "Duke" Cunningham.

And Republicans were concerned about her faulting campaign even before that. Among other things, they viewed her as a lightning rod because of her role as Florida secretary of state during the 2000 presidential recount.

Even if Harris stays in the race, she still could face a GOP primary challenge. Tom Rooney, whose family owns the Pittsburgh Steelers, just told CNN he will run for the nomination if state and national Republican leaders continue to urge him to do so. So the bottom line is we're going to have to wait to see what Katherine Harris announces formally before we can definitively say what she's up to.

Moving on now, can portable music devices like the Apple iPod cause hearing loss? One congressman is leading the charges for more answers and made some headway today. Let's get the latest from our Internet reporter, Abbi Tatton -- Abbi.

ABBI TATTON, CNN INTERNET REPORTER: Yes, Wolf. There was an event on this very issue today organized by the American Speech Language Hearing Association here in Washington where they repeated their warning that iPods and similar devices like this can possibly cause some hearing loss if used improperly, if they're played too loud or for too long.

Attending that event was Congressman Ed Markey. He's been pushing for more research to be done on this issue and specifically on these ear buds that come with iPods, whether those are more dangerous.

The National Institute of Health recently reported back to Congressman Markey and said that proximity of the sound source could be a factor in hearing loss, but they say that more research needs to be done on whether certain in-the-ear devices or other headphones are more dangerous than others.

We contacted Apple for comment today. They didn't have a comment for us, but they told us in the past, they don't release the maximum decibel level on these iPods -- Wolf.

BLITZER: Abbi, thank you very much.

Coming up, the California Governor Arnold Schwarzenegger facing another tough legal decision. We're going to tell you what it is when we return.

And can the United States compete with the rest of the world when it come to big business? We're going to hear from someone who knows quite a bit about that. That would be Bill Gates, the world's richest man. That's coming up in our 7:00 p.m. Eastern hour right here in THE SITUATION ROOM. He spoke to our Ali Velshi earlier today.

(COMMERCIAL BREAK)

BLITZER: Let's go back to Zain at the CNN Global Headquarters for a closer look at other stories making news.

Hi, Zain.

VERJEE: Hi, Wolf.

The body of former Yugoslav leader Slobodan Milosevic has been turned over to his son. The 64-year-old died on Saturday of an apparent heart attack at The Hague where he was being tried for war crimes. A hearse took Milosevic's body to Amsterdam's airport today. At last word, a Serbian Socialist Party official says Milosevic will be buried in Moscow. There's still questions about the cause of his death.

Firefighters say they're making progress against deadly wildfires in the Texas panhandle and south plains. They're working to contain the blazes. The wildfires have killed 11 people and scorched more than a thousand square miles. And cooler temperature and lighter winds may be helping firefighters battle ten wildfires in Oklahoma. More than 860 acres have burned there.

The man who assassinated Robert F. Kennedy is eligible for parole this week. Sirhan Sirhan shot Kennedy on June the 5th, 1968, just minutes after the brother of slain president John F. Kennedy claimed victory in California's presidential primary. Sirhan's parole hearing is tomorrow. The decision to parole him could ultimately rest with California Governor Arnold Schwarzenegger. If the parole board recommends Sirhan's release, which is unlikely, Schwarzenegger would get the final say. His wife is RFK's niece -- Wolf.

BLITZER: That would be Schwarzenegger's wife.

VERJEE: Right.

BLITZER: Not necessarily Sirhan Sirhan's wife.

VERJEE: Right.

BLITZER: Just want to make sure that our viewers are clear on that point, Zain. Thank you very much.

Up next, President Bush teams up with an inspirational teenager and left -- this teenager who left all of us, all of us, in tears and certainly left the commander-in-chief in tears as well. We're going to tell you what happened today. You'll want to watch this.

And are you worried about getting bird flu? We have a brand new poll measuring America's angst about the virus. We're going to show you what's going on. All that coming up in our next hour right here in THE SITUATION ROOM.

(COMMERCIAL BREAK)

BLITZER: President Bush probably could use a bit of uplifting these days. He certainly got it in the face of Jason McElwain. He's the high school senior with autism who became something of a national hero for many of us. The manager of his school's basketball team, he was given the first and only chance to suit up and actually play in a game.

And get this, he scored an amazing 20 points in only four minutes, including five three-point shots. President Bush made a surprise stop to meet the 17-year-old known as J-MAC while traveling today in upstate New York. Listen to this exchange.

(BEGIN VIDEO CLIP)

BUSH: First of all, it is great to be here in upstate New York. As you can see, a special person has greeted me at the airport. Jason, mind if I call you J-MAC?

JASON MCELWAIN, HIGH SCHOOL SENIOR: Do it.

BUSH: I call him J-MAC. You call me George W. But our country was captivated by an amazing story on the basketball court. I think it's a story of Coach Johnson's willingness to give a person a chance. It's a story of Dave and Debbie's deep love for their son. And it's a story of a young man who found his touch on the basketball court, which in turn touched the hearts of citizens all across the country. So I want to thank you for being here. MCELWAIN: Thank you.

BUSH: And you probably didn't realize the impact you were going to have on people all across America and around the world when you made those six threes in a row. I've kind of gotten off the courts these days because I'm getting old. But if I got back on the courts, I'd need a lesson on how to rotate that ball. But let me have that there, Coach.

UNIDENTIFIED MALE: There you go, sir.

BUSH: Thank you. There you go. Kind of looks like you. Anyway, thank you all for coming. God bless. And I appreciate the wonderful story that's come out of your family. Thank you, all.

QUESTION: How did you hear about the story?

BUSH: Saw it on TV. Saw it on TV. And I wept. Just like a lot of other people did. It's just one of those stories that touched a lot of people's heart.

QUESTION: Did somebody play it for you, or did you just see it?

BUSH: I can't remember exactly how it -- probably somebody played it for me, you know, being the president and all. But it's a wonderful tale. God bless.

MCELWAIN: Thank you very much.

(END VIDEO CLIP)

BLITZER: I wept too. We're going to have much more on this amazing, amazing story. We're going to tell you what J-MAC is up to next. All that coming up here in THE SITUATION ROOM. What a story.

Still to come also, who leaked the identity of CIA officer Valerie Plame? And will the mystery ever be solved? Jack Cafferty is going to be joining us shortly with your email.

And we're also going to have more on that new ruling in the sentencing trial of Zacarias Moussaoui. What will it mean for the Al Qaeda conspirator? Stay with us.

(COMMERCIAL BREAK)

BLITZER: Something unusual is going on in California. Bonnie Schneider is joining us to tell us what it exactly is.

What is going on?

BONNIE SCHNEIDER, CNN METEOROLOGIST: Well, Wolf, we have a tornado warning for northern San Joaquin County in California. It does includes the city of Stockton. Now, this will go until 2:15 p.m. Pacific Time. The National Weather Service indicated a severe thunderstorm is showing some rotation. And that means that we're seeing the possibility of a tornado developing from this thunderstorm. Let's take a closer look at the radar now, and we'll show you the cell that they're talking about. Here it is right here. And you can actually see what they're talking about in terms of the darker colors bringing about the heavy rain and the strong winds. And also that bow echo shape.

And, Wolf, when we see that shape on radar, it usually indicates some very strong winds and possibly rotation. So that's why the tornado warning has been issued until 2:15 p.m. Pacific Time.

BLITZER: All right, Bonnie. Well, stay on top this story for us.

Let's go right up to New York. Jack Cafferty is standing by with "The Cafferty File" -- Jack.

CAFFERTY: "Vanity Fair" magazine has a story on the leak of CIA operative Valerie Plame's name. Former "Washington Post" executive editor Ben Bradlee told the magazine that former state department official Richard Armitage is likely the source for journalist Bob Woodward.

Bradley tells CNN he won't deny saying that, but he said, quote, "I probably shouldn't have said that." Both Armitage and Woodward with not comment on the story. The question is, do you think the source of that CIA leak will ever be revealed?

Max in Smithtown, New York, writes, "The CIA leak will never be revealed. The Bush league and all its drones and lackeys believe they are above the law. They don't believe in the checks and balances of the Constitution and will never cooperate with the court or special prosecutors."

Les in Bridgeville, Pennsylvania: "Jack, as long as the Republicans control Washington, no."

Patricia in California: "Yes, Jack, I do. We found out who Deepthroat was, and we'll found out who this twit is as well."

Kelly in Harrisburg, Pennsylvania: "To be honest, no one really cares who she is or who released the name. Only those of you in the media seem to be interested." Kelly, you may have a point there.

Tracy in Detroit: "No. Like everything else, it'll be kept under lock and key until someday when it's too little, too late. Then it'll be revealed."

And Joseph in Oceanside, California: "No way. The lowlife that performed this pernicious leak is so well concealed, it will never be discovered. At this point, it's of no significance. The American public is finally realizing we have an administration that could hide an elephant in a jewelry store" -- Wolf.

BLITZER: Jack, thanks very much.

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