Return to Transcripts main page

American Morning

Will Duke's Lacrosse Team Ever Play on the Field Again?; Another Bush Official Calls Energy Problem a 'Crisis'

Aired May 02, 2006 - 08:00   ET

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


JASON CARROLL, CNN CORRESPONDENT: I'm Jason Carroll in Durham, North Carolina.
Will Duke's lacrosse team ever play on the field again?

I'll tell you what two committees recommended coming up.

ED HENRY, CNN CONGRESSIONAL CORRESPONDENT: I'm Ed Henry at the White House.

Another day, another Bush official calling the energy problem a crisis. I'll tell you who and what it means for the mid-term elections.

JOE JOHNS, CNN CORRESPONDENT: I'm Joe Johns in Buckhannon, West Virginia.

Hearings into the Sago mine disaster begin today. I'll tell you what to expect.

SOLEDAD O'BRIEN, CNN ANCHOR: And just how safe are we?

A Homeland Security insider says the U.S. is an open target when it comes to an attack.

MILES O'BRIEN, CNN ANCHOR: And the inside skinny on scams. How you can avoid being a victim. We'll have some tips for you ahead on this AMERICAN MORNING.

Good morning.

Welcome to CNN AMERICAN MORNING.

I'm Miles O'Brien.

S. O'BRIEN: And I'm Soledad O'Brien.

We begin with some new developments for Duke's lacrosse team. We know already that two players are facing rape charges. The Durham district attorney says, though, another person could be charged soon.

A new report from the university offers a little hope to the rest of the team.

Let's get right to CNN's Jason Carroll.

He's live for us in Durham, North Carolina -- hey, Jason, good morning.

CARROLL: Good morning to you, Soledad.

There were two committees. They basically came to the same conclusion, that Duke's lacrosse players, that their alcohol-related behavior was "deplorable." They also said that university officials didn't do enough to enough to stop it.

Let's give you some highlights from the committee's findings.

First, they said that a large number of the players were socially irresponsible. They also said the players needed strict monitoring because of their alcohol-related problems. They also said, though, that the team performed well in academics and athletics.

(BEGIN VIDEO CLIP)

PROF. JAMES E. COLEMAN, JR. DUKE UNIVERSITY: We did not find racist behavior. We didn't find, you know, sexual assaults. We didn't find, you know, harassment. That was not the nature of the misconduct. And so, in our judgment, based on the record that we reviewed, it didn't warrant suspension or termination of the program.

(END VIDEO CLIP)

CARROLL: The two committees also recommended that the university adopt a code of conduct for all the athletes. They also said that university officials need to be strict in terms of how they enforce it -- Soledad.

S. O'BRIEN: Let's talk about another angle of the story that's related, but sort of not related, the election for D.A.

You've spoken with the current D.A. Mike Nifong, yesterday.

What did he tell you?

CARROLL: Well, as you know, the primary election is today. But something happened yesterday that relates to it. Yesterday, one of the defense attorneys submitted a motion to have the district attorney recused from the case, the Duke rape case, because he said that the district attorney is using it for political gain in terms of trying to get reelected.

I asked the D.A. Michael Nifong, about that yesterday. He said this is a lot of defense posturing. He said just because a defense attorney introduces a motion, it doesn't make it so.

When I asked him about the election and how he was feeling about that, he said: "I feel as cool as the other side of the pillow." A little bit of a Southern expression there -- Soledad.

S. O'BRIEN: Oh.

Jason Carroll for us this morning.

Thanks, Jason.

M. O'BRIEN: Well, you're digging a little deeper for gas money this morning. We know you're probably fed up, too.

It's time now for the daily check on gas prices.

The Gas Gauge right now at $2.92. It's been holding steady this week and was the latter part of last week. That's for unleaded regular. A month ago it was $2.55, a year ago, $2.23.

Those numbers have created some other grim numbers for the White House. A CBS poll finding eight in 10 Americans don't believe President Bush has a clear plan to handle the crunch. And 74 percent disapprove of the way he's handling the crisis.

CNN's Ed Henry joining us now from the White House, where that term "crisis" is now in full play -- hello, Ed.

HENRY: That's right.

Good morning, Miles.

And those poll numbers only raise the political stakes for this White House as we grow closer and closer to the mid-term elections. And as the stakes go higher, we seem to see White House officials trying to lower expectations for consumers, trying to point out it's difficult for the president to really do anything to fix this in the short-term.

White House spokesman Scott McClellan yesterday became the second senior Bush official to call this energy problem a "crisis."

McClellan, pressed yesterday about the fact that Energy Secretary Samuel Bodman had also called this a "crisis" and had said it could take up to three years for gas prices to come back down substantially.

Take a listen to McClellan.

(BEGIN VIDEO CLIP)

SCOTT MCCLELLAN, WHITE HOUSE SPOKESMAN: For many families trying to live within a budget and make ends meet, it is a crisis. And I think that's the way I would describe it.

Thankfully, though, as I mentioned at the beginning of this briefing, thankfully, our economy is strong and is continuing to really surge ahead.

(END VIDEO CLIP)

HENRY: Now, McClellan stressed this is a long-term problem that's been building for decades and Democratic and Republican administrations. But later this morning, Senate Democratic leader Harry Reid will try to blame the president for making this problem worse. Reid holding a press event where he will charge that a White House run-by oil men has been pushing policies that are favorable to the oil industry -- Miles.

M. O'BRIEN: Well, Ed, let's talk about that kind of rhetoric.

Will -- do you think it'll gain much traction for the mid-term elections?

HENRY: Well, Miles, that new CBS News poll out this morning that you mentioned also has some more bad news for Republicans. It says that the American people believe Democrats will keep gas prices lower, Democrats with the edge, 47 percent to 20 percent for Republicans. Twelve percent saying neither party. But just as worrisome for Republicans facing the voters in November is that even when they come up with a plan to help people, it seems to be backfiring. You know, last week the Senate Republicans unveiled this $100 gas rebate. We're hearing a lot of voters across the country basically saying that they think this is just a way to try to buy votes, and also a cheap way to do it. Obviously, $100 pays for about two tanks of gas for a lot of people. As I learned in the last hour, it's only one tank of gas for you, though -- Miles.

M. O'BRIEN: That's right, the Yukon XL, or the rolling zip code, as we call it.

HENRY: That road hog, yes.

M. O'BRIEN: Thank you very much, Ed Henry.

the high price of gas even affected one Tennessee school system. School busses in Ray County are running again this morning but they were idle Friday and Monday. Classes canceled to save some money on gas. The system estimates it saved about $4,000 to $5,000.

S. O'BRIEN: Well, you could cancel the whole school year under that theory.

M. O'BRIEN: That would save a lot of money, too.

S. O'BRIEN: I mean, come on.

M. O'BRIEN: I suppose. You know, I don't know. I guess the kids probably...

S. O'BRIEN: They used some of their snow days, apparently.

M. O'BRIEN: Yes.

The kids probably enjoyed the day off, too.

S. O'BRIEN: Of course, they did.

M. O'BRIEN: Yes.

S. O'BRIEN: Just about an hour from now, a jury -- a hearing, rather -- opens into January's Sago mine disaster. You'll recall that 13 miners were trapped. Only one was able to make it out alive.

CNN's Joe Johns is in Buckhannon in West Virginia.

That's where the hearings are being held this morning -- hey, Joe, good morning.

JOHNS: Good morning, Soledad.

This is the campus of West Virginia Wesleyan College in Buckhannon, West Virginia.

This hearing is very much about the families of the miners and the miners themselves. There you see the pictures of the miners who died in the Sago mine disaster that began on January 2nd. They lined the stage here at West Virginia Wesleyan. A lot of time and effort has gone into this.

If you pan right over here to my left, there are a number of mockups that have been set up by a man from Temple University, a structural engineer. One of those mockups actually attempts to show the air flow inside Sago Mine and why, perhaps, that air actually stopped flowing to those miners 40 hours after the explosion on January 2nd.

Now, this is expected to be a two or three day hearing. We do expect a number of witnesses. A representative from the families of the Sago miners is expected to ask some questions. A number of people from International Coal Group -- that is the company that owned and operated the mine -- are also on the agenda, expected to talk. Of course, there have been no subpoenas issued, we're told, so the question is who will show up and what will they say.

Back to you -- Soledad.

S. O'BRIEN: All right, Joe Johns for us this morning.

Thanks, Joe.

We're obviously all going to watch that very closely -- Miles.

M. O'BRIEN: Let's check the forecast now.

Jacqui Jeras in for Chad Myers this morning -- hello, Jacqui.

JACQUI JERAS, CNN METEOROLOGIST: Hello, Miles.

Hello, everybody.

(WEATHER REPORT)

S. O'BRIEN: Coming up this morning, how safe is the U.S. from another attack? We're going to talk this morning to a former Homeland Security insider. He says the U.S. is an open target.

M. O'BRIEN: Also, from identity theft to hidden charges, there are scams everywhere. We'll have some advice on how to hang onto your wallet. S. O'BRIEN: And then a little bit later, illusionist David Blaine -- yes, he's doing it again. There he is, about to jump into a giant fish bowl. Cheating death, he is. This one involves lots of water and even more publicity.

We'll tell you about that all ahead on AMERICAN MORNING.

M. O'BRIEN: There is that, yes.

(COMMERCIAL BREAK)

S. O'BRIEN: Welcome back, everybody.

We begin with a CNN Security Watch and a warning that we're only a little bit safer than we were before the attacks of 9/11.

That word coming from an insider with the Department of Homeland Security. It's all part of a new book. It's called "Open Target: Where America is Vulnerable to Attack" and it was written by Homeland Security's first inspector general, Clark Kent Ervin.

He's also a CNN security alert.

And he joins us from Washington, D.C.

Nice to see you, as always, Clark.

Thanks for being with us.

CLARK KENT ERVIN, AUTHOR, "OPEN TARGET": You, too, Soledad.

S. O'BRIEN: Thank you very much.

You issued, when you were the inspector general, more than 200 reports about the state of homeland security and I'm sorry to say that most of those reports were very, very scary.

How come you think we're only a teeny weeny bit more secure than we were five years ago?

It's been almost five years since 9/11.

ERVIN: That's exactly right. Well, let me just give you a few examples, Soledad.

Just a couple of weeks ago or so, congressional investigators were able to sneak components of bombs, undetected, through 21 airports in our country. Just the other day, for example, the Department of Homeland Security announced that finally they're getting around to checking all the workers at ports in our country against the terrorist watch lists.

All this shows that we have not taken the threat of terrorism as seriously as we should in the post-9/11 world.

S. O'BRIEN: Were you asked to tone down your reports ever? ERVIN: Absolutely. The secretary, Ridge...

S. O'BRIEN: By whom?

ERVIN: ... himself, did that. The head of the TSA did, at the time, Admiral Loy, who ultimately became the deputy secretary of the department. On occasion after occasion, I was urged to tone down my criticism of the department, even though my job required me to present the facts as they are.

S. O'BRIEN: Here's what Tom Ridge had to say. This is a statement that he released last night. He said this: "Mr. Ervin's recall of events is wrong. In an earlier interview, Mr. Ervin told CNN that I never asked him to not release critical reports. Later, he's changed his story. Mr. Ervin's first recollection is accurate. This one is not."

In other ways, we never pressured him and he specifically is saying I never pressured him to change anything.

Is he wrong? Is he lying?

ERVIN: Well, on occasion after occasion, Secretary Ridge himself said why do you have to share these reports with Congress? why do you have to share them with the American people? Are you my inspector general?

And my response was I'm the American people's inspector general. I had an obligation to tell the facts as they are. It's important for the American people to know just how vulnerable...

S. O'BRIEN: You did an interview -- let me -- forgive me for interrupting u for a second, but let's just get to this and -- before we can move on.

Back in January of 2005, I'm sure recall, you did an interview with Paula Zahn on "PAULA ZAHN NOW." And she asked you specifically did Tom Ridge ever come to you personally and say you can't do this, Clark? This is making us look bad?

And you said, to his credit, the secretary never did that. He did not.

ERVIN: Right. He did not say don't release this report. But we all know what words mean. He did say why do you have to share this with Congress? Why are you so critical of the Department? Are you my inspector general?

The practical effect of that is to say don't release these reports.

It was clear that the secretary was using the power of his office to attempt to intimidate me into not doing my job and sharing the facts with the American people, whose government this is, after all.

S. O'BRIEN: You write, I thought really interestingly in your book, on page 11, about sort of the fallout personally for you, to a large extent. You say you were seen by the secretary and his top aides as a traitor and a turncoat.

Is that essentially what's happened?

ERVIN: Well, no. I'm not a traitor and not a turncoat. The inspector general has to leave his or her politics at the door. This job, uniquely, is one that requires the occupant to call the facts as they are, even if the political consequences are contrary to what the administration that appointed him or her wants them to be.

As I say, the American people are in danger of terrorism and it's critical for them to know that.

The terrorists know everything that's contained in that book. It's the American people who don't. And the hope is, if they read that book, they'll put pressure on the present leadership of the Department of Homeland Security and the Congress to take the steps that would could take today that would make us significantly safer in this age of terror.

S. O'BRIEN: You list some of the steps in the book and you also list -- and I have to say, I mean, I don't know where we should begin, with the Metro system? Should we begin with the ports? Should we begin with talking about air -- I mean the list goes kind of on and on and they're all equally important. And, again, they're -- to see the holes when you lay them out is incredibly scary.

Let me ask you a question about Michael Chertoff, the head of the Department of Homeland Security.

Hurricane Katrina his big first test. You give him failing marks, and I think a lot of other people would, too, for that test.

Do you think he needs to go?

ERVIN: Well, you know, there's a tradition in Japan, for example, where the leaders of prevent businesses go when their performance manifestly fails to live up to the promise of their offices. And I think that's a very helpful tradition. We tend not to do that in our country. I don't really think it's for me to call upon people to resign, but there's no question but that the performance of this secretary, likewise, has not lived up to the promise of the name Department of Homeland Security.

S. O'BRIEN: Have the obstacles to making sure that, for example, everything coming through the ports is screened or that more money is going to protect the subways and any kind of underground railroad system, have those obstacles been bipartisan? I mean are you getting as much pressure and maybe stubbornness from Democrats as Republicans, do you think?

ERVIN: Well, that's difficult to say. I think it's fair to say that the Congress as a whole has not taken the steps that could be taken. Now, the Congress right now is controlled by my party and ultimately they are -- decide what does and does not pass. Suffice it to say there are a number of steps that could be taken right now -- just last week, for example, the House voted down, House Republicans voted down 100 percent inspection of cargo for radiation. That can be done. It's done right now in the world's busiest port, the port of Hong Kong. If it can be done there, it can be done here and it should be done here because the greatest danger, everyone agrees, is the danger of a nuke in a box, the thousands of cargo ships that come into our country everyday.

S. O'BRIEN: We don't have a ton of time, but I want to ask you -- because I've asked some elected officials that very question -- why not? And there is a sense that well, it's a zero sum game. You know, you take money out of one budget to put in another budget and we just can't protect every single vulnerability all the time.

ERVIN: We...

S. O'BRIEN: We do our best guess.

ERVIN: Well, we can't protect ourselves against every single vulnerability, but we can and we must protect ourselves against the greatest vulnerabilities. And everyone, as I say, agrees that the greatest vulnerability is a nuclear weapon in one of our ports. And yet, as I say, the House voted down 100 percent cargo inspections.

It's a question of political will. We have the money in our country to do what we want to do and yet Homeland Security has been under funded from the beginning. And I say that as a conservative Republican who typically does not call for greater government spending.

S. O'BRIEN: No, you sure don't.

Clark Kent Ervin is a former inspector general at the Department of Homeland Security.

The book is called "Open Target."

It is a great read, but it's a scary read, a really scary read, too.

Thanks for joining us to talk to us.

And we should also mention, he's also a CNN security alert.

And you want to stay with CNN day and night for the most reliable news about your security -- Miles.

M. O'BRIEN: Coming up on the program, hang onto your wallet.

we'll get some tips on avoiding scams from a guy who spends a lot of time talking to scam artists.

Plus, Anna Nicole Smith wins big at the Supreme Court.

But will she get the dough? Senior legal analyst Jeff Toobin with that.

Stay with us.

(COMMERCIAL BREAK)

M. O'BRIEN: All right, listen up.

Here are a couple of tips.

When you pay your credit card bill, don't write your account number on the check, even though on the statement they want you to do that. And beware of a test drive at a car dealership. They could be a little trap.

Just a couple of tips you'll find in a book called "Scam-Proof Your Life."

Sid Kirchheimer is the author.

He's also the scam alert columnist for the AARP, the American Association of Retired Persons.

But even if you're not retired, you can listen up.

Sid Kirchheimer joining us now.

Good to have you with us, Sid.

SID KIRCHHEIMER, "SCAM-PROOF YOUR LIFE": Thanks, Miles.

M. O'BRIEN: First of all, your methodology, you talked to scam artists.

KIRCHHEIMER: Yes, we did.

M. O'BRIEN: How do you get a hold of them?

KIRCHHEIMER: Actually, I did a lot of research and they are among the over 170 people I interviewed for this book.

M. O'BRIEN: Wow!

So you're hanging onto your wallet talking to them and among the things you discovered -- and this may not be necessarily a scam, but it's something you should be aware of -- when you go to purchase a vehicle...

KIRCHHEIMER: Yes.

M. O'BRIEN: ... the test drive, that's a dangerous little trap.

KIRCHHEIMER: Well...

M. O'BRIEN: What happens? KIRCHHEIMER: Well, actually, probably the first thing when you step on the lot is a lot of car dealers want to get you behind the wheel.

M. O'BRIEN: Sure.

KIRCHHEIMER: Often they say why don't you go for a test drive. All I need is a copy of your driver's license. While you're on the road, some unscrupulous dealers are running an illegal credit check. That gives them the upper hand in negotiating.

M. O'BRIEN: And, because they know everything about your buying practices and...

KIRCHHEIMER: Yes, and...

M. O'BRIEN: ... they know everything about u.

KIRCHHEIMER: They know what you paid for your last car, what your monthly payments for your other -- your other bills are and the car salesmen typically know most people pay 10 to 15 more on their newest vehicle than they did for the last.

M. O'BRIEN: So, what do you do? Not give them the -- you have to give them your license to take a test drive, right?

KIRCHHEIMER: No. You say come with me. I have some questions about the car. I feel more comfortable if you're with me.

M. O'BRIEN: There you go.

OK. That's good.

KIRCHHEIMER: You take the test drive. You just don't give them your license.

M. O'BRIEN: What -- another tip you have is if you feel like your identity has been stolen, you should contact the DMV right away. Now, most of us would be going through the credit cards and all the other things. The DMV is an important one to call. Why is that?

KIRCHHEIMER: Well, actually, you -- you do notify the credit reporting bureaus. But many people don't notify the DMV because what a lot of scam artists do is as soon as they get your account information, they go to get a driver's license in your name.

M. O'BRIEN: Ah. And so you want to make sure that doesn't happen.

KIRCHHEIMER: Yes.

M. O'BRIEN: Exactly.

KIRCHHEIMER: Contact your DMV. You say put a freeze on duplicate driver's licenses. M. O'BRIEN: OK.

You're writing out those bills and one of the things they say is please put your account number on the check.

KIRCHHEIMER: Yes.

M. O'BRIEN: Almost every treatment you get says that.

KIRCHHEIMER: Right.

M. O'BRIEN: You say don't do that.

Why?

KIRCHHEIMER: Well, because you have a return stub that has your account number. So what you can do is put the last three digits, the last four digits and it's -- that prevents the dozen or so other vendors that handle your check from accessing your account information.

M. O'BRIEN: Yes, I mean think about it, you've got your bank account, your signature...

KIRCHHEIMER: Right.

M. O'BRIEN: ... and your credit card number all there on one piece of paper.

KIRCHHEIMER: Yes. Right.

M. O'BRIEN: That's a lot of information, isn't it?

KIRCHHEIMER: Yes. Yes, it is. And an added measure of security is you can go to any office supply store, buy a certain type of pen for $2 that is check washing proof. Basically there's pigment in the ink that prevents scammers who steal your mail from washing your check with chemicals like nail polish remover.

M. O'BRIEN: Right. And they actually protect the signature...

KIRCHHEIMER: Yes.

M. O'BRIEN: ... and then wash off all the other ink...

KIRCHHEIMER: Yes, exactly.

M. O'BRIEN: And these are these Uniball pens, which are better?

KIRCHHEIMER: Correct. Yes, Uniball pens.

M. O'BRIEN: All right.

OK, now, you're in the hospital. The last thing you're thinking about when you're sick is how much it's costing u. Of course, the bill can make you sick later. KIRCHHEIMER: That's right.

M. O'BRIEN: One of the things you suggest is get a daily bill. Of course, that could -- that could -- your blood pressure could go up when you see this, but it's a good idea.

KIRCHHEIMER: Actually, you get a -- you ask for a daily itemized bill. And this is important for three reasons. One, it helps you decipher the many codes that are used. Secondly, lots of treatment is based on a predetermined block of services. For instance, it may call for seeing the doctor twice a day and he may only come once, but then you're still billed.

The third reason is it helps you uncover the hospital-ese. They call it a mucous recovery system and they'll charge you $20. That's a box of tissues. Thermal therapy kit is a bag of ice. They may bill you for $30.

M. O'BRIEN: They should go work for the Pentagon or something.

All right, one final thought here. Contractors -- always a source of scams.

KIRCHHEIMER: Yes.

M. O'BRIEN: And one of the most important things to stay aware of is giving money up front to a contractor.

KIRCHHEIMER: Absolutely.

M. O'BRIEN: I always try to avoid it completely if I can.

KIRCHHEIMER: Yes.

M. O'BRIEN: What do you do?

KIRCHHEIMER: Well, actually, when they ask for the third or half upfront to buy materials...

M. O'BRIEN: Yes?

KIRCHHEIMER: ... that's a red flag because most reputable contractors have credit lines to buy supplies.

M. O'BRIEN: Yes.

KIRCHHEIMER: At the very least, you could say I will pay you that money at the completion of the first day of work. Another...

M. O'BRIEN: In other words, see the materials, you know?

KIRCHHEIMER: Yes.

M. O'BRIEN: Yes. Then -- yes.

KIRCHHEIMER: Once the materials are there and they start. M. O'BRIEN: Yes.

KIRCHHEIMER: The big problem with home contractors is that they take too long. So actually when you're doing a contract, write in a penalty clause. If the guy says it's going to take two weeks, say I'll give you three weeks, then every day after that, I deduct 2 to 5 percent of the contract price. Any contractor that balks has no intention of finishing on time.

M. O'BRIEN: That's a good point.

Excellent.

Those are good tips.

We could go on, but we don't have time, unfortunately.

So get the book.

His book is "Scam-Proof Your Life" and his scam alert column appears in the monthly AARP bulletin.

Am I old enough to get that yet?

KIRCHHEIMER: Probably.

M. O'BRIEN: That's a trick question. A trick question, Sam.

Sam Kirchheimer, thanks for being with us.

KIRCHHEIMER: Thank you.

M. O'BRIEN: Soledad.

KIRCHHEIMER: Thank you so much.

S. O'BRIEN: How about this word, chillax? Dawg? Crunk? Do you need a dictionary to understand what the heck I'm saying? It is the language that your teenagers are speaking.

Ahead, we decode the secret language of teens.

Plus, illusionist David Blaine has got a new trick up his sleeve. It's a death defying week inside a human aquarium. We will ask, as we always do, of David Blaine, why?

That's ahead on AMERICAN MORNING.

We're back in a moment.

(COMMERCIAL BREAK)

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com