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American Morning

New CIA Chief; Bush Admits Mistakes in Iraq; 'Tanks' A Lot!

Aired May 26, 2006 - 08:59   ET

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

BOB FRANKEN, CNN NATIONAL CORRESPONDENT: I'm Bob Franken on Capitol Hill. When the Senate is through this morning, we can expect that an old player will be involved in a new game of I spy.
KATHLEEN KOCH, CNN CORRESPONDENT: I'm Kathleen Koch at the White House. A frank President Bush says there have been mistakes made in Iraq. More on that coming up.

BECKY ANDERSON, CNN CORRESPONDENT: And I'm Becky Anderson, outside 10 Downing Street in London. I'll tell you how the British public are reacting today to the prime minister and the president.

KYUNG LAH, CNN CORRESPONDENT: I'm Kyung Lah in Atlanta. I'll tell you how one bed and breakfast is encouraging people to take the drive out this Memorial Day Weekend. That story coming up.

REYNOLDS WOLF, CNN METEOROLOGIST: And with the holiday at hand, you've got to know what to expect weather-wise. Coming up, we're going to give you the complete forecast on this AMERICAN MORNING.

SOLEDAD O'BRIEN, CNN ANCHOR: Good morning. Welcome, everybody. I'm Soledad O'Brien.

MILES O'BRIEN, CNN ANCHOR: I'm Miles O'Brien. We're glad you're with us on this Friday before the holiday.

S. O'BRIEN: We've been telling you all morning the U.S. Senate today expected to confirm Air Force General Michael Hayden as the CIA's new director.

AMERICAN MORNING'S Bob Franken is on Capitol Hill.

Hey, Bob. Good morning.

FRANKEN: Good morning.

And the Senate has gotten involved now on its last day before it goes on a Memorial Day break. There's a bunch of votes on several nominees of the administration. All are expected to sail right through.

Hayden is going to be one of those. He has been nominated to be the new director of the CIA. Michael Hayden, who had been the person who was at the National security Agency when all the intercept controversies began, had really relatively clear sailing through the Senate, in spite of the controversies that really didn't develop, at least in public over that, and the questions that were raised about the fact he's a military man, and would he have the ability to stand up to the Pentagon in its efforts to expand its intelligence role.

Well, all of those controversies apparently were easily finessed, particularly since during the congressional hearing, Hayden refused to answer just about any substantive question in public. So no controversies were really allowed to develop.

It apparently was a strategy that worked. We're expecting the Senate to easily confirm Hayden. He will then immediately take over as the new director of the CIA, taking over for Porter Goss, a person who had a really hard time of it during his tenure at the CIA.

S. O'BRIEN: Porter Goss leaves today after, as you mentioned, quite a difficult year.

Bob Franken for us this morning.

Thanks, Bob -- Miles.

M. O'BRIEN: Washington still buzzing this morning after that remarkable spectacle last night at the White House. Staunch Iraq war allies Tony Blair and George Bush admitting mistakes and missteps in the conduct of the war they championed. All that said, the British prime minister and the president are sticking by their guns, insisting the decision to remove Saddam Hussein was the right call.

Only on CNN now, coverage from both sides of the pond. Kathleen Koch at the White House. Becky Anderson in London.

We begin with Kathleen.

Good morning, Kathleen.

KOCH: Good morning, Miles.

And you might think that Iraq would be the last thing that these two men would want to talk about. It has been a divisive war in both countries. Both men have taken very heavy hits in the public opinion polls on it. But last night, it was they themselves who initiated the subject, it was the sole focus of their written prepared remarks.

They had an unusually somber, a very reflective tone last night. And they remained resolute, insisting that they did not have any second thoughts.

(BEGIN VIDEO CLIP)

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: The birth of a free and democratic Iraq was made possible by the removal of a cruel dictator. The decision to remove Saddam Hussein from power was controversial. We did not find the weapons of mass destruction that we all believed were there. And that's raised questions about whether the sacrifice in Iraq has been worth it.

Despite setbacks and missteps, I strongly believe we did and are doing the right thing.

(END VIDEO CLIP)

KOCH: Now, both leaders refused also to give a timetable for the withdrawal of their troops from Iraq. Great Britain now has roughly 8,000 troops there. The United States, some $131,000. President Bush today has a working luncheon with Tony Blair before the president heads to Camp David for the weekend.

Back to you.

M. O'BRIEN: All right. Kathleen Koch at the White House.

Thank you very much.

Let's go to Becky Anderson now at Number 10 Downing Street.

Becky, what's the reaction there?

ANDERSON: Well, to term a hackneyed phrase, it's the legacy, stupid. Few people very much left in doubt here that the prime minister was effectively trying to redeem himself with the summit with Bush and indeed his speech later on today.

Iraq, of course, intrinsically tied up with Tony Blair's legacy, as Kathleen suggested. Both leaders certainly suggesting there have been some mistakes and mishaps. This, at a time when their popularity is at an all-time low -- both sides of the pond, of course. Tony Blair prepared to admit the exclusion of Saddam's Ba'ath Party in the leadership roles for the new Iraqi government was probably a mistake.

So some humble pie being eaten, certainly by Prime Minister Blair. Will that do him any good in the popularity stakes? Well, I doubt it at this point -- guys.

M. O'BRIEN: Now, interesting that it occurred at that hour in Great Britain, 12:30 local time there. That, perhaps, a deliberate thing on the part of the British prime minister? Did he not want a lot of people to see that news conference?

ANDERSON: Well, you can imagine half-past midnight is not peak time viewing here in London or elsewhere in the British Isles. There are suggestions that it was an attempt to keep him out of the headlines, as it were.

Listen, his popularity, as we know, is at an all-time low, down around 26 percent. His party, at 34 percent. Some four percentage points behind the conservatives, the opposition conservatives.

He has pledged, of course, to go to the end of his third term. And that could be as far away as 2010. The opposition party and his own party certainly pushing for him to leave before that. But certainly George Bush last night suggesting he would like him to stay longer.

(BEGIN VIDEO CLIP)

BUSH: Don't count him out. Let me tell it to you that way. I know a man of resolve and vision and courage. And I -- my attitude is, I want him to be here so long as I'm the president.

(END VIDEO CLIP)

ANDERSON: Well, that certainly won't sit well with his heir apparent, who lives just there at Number 11, Gordon Brown. We'll have to see. Nobody expecting to stay that long -- Miles.

M. O'BRIEN: Becky Anderson at Number 10.

Thank you very much -- Soledad.

S. O'BRIEN: President Bush says he's going to work with the House and the Senate to try to reach a compromise on immigration reform. The Senate bill passed yesterday would let millions of people who entered the country illegally become guest workers and then eventually citizens. It's going to be a hard sell, though, in the House, where they are saying that that plan is amnesty.

Mexico's president, Vicente Fox, calls the bill an historic step. He promises that Mexico will do its part to secure the border. He's going to be talking about immigration in Los Angeles today, then he goes back home after four days of meetings with business and government leaders in California, and Washington State, and Utah -- Miles.

M. O'BRIEN: There's a rescue attempt going on right now in California after a car plunged from a cliff. The car fell 200 feet from Mulholland Drive, near Sherman Oaks. We're talking about Los Angeles now.

Pictures just coming into us, as you can see here, predawn stuff. A person in a gurney there being lifted in the air. We're hearing eight teenagers were in that car. Two walked away, six are stranded.

Now, parts of the road are expected to stay shut down, as you might suspect, until everybody is free. And we hope everybody is OK there, as a rather Herculean rescue effort is under way there in southern California.

Wow, that's a ride. It looks like it's rather gusty as well, on top of everything else. Or that could be the prop wash (ph), too. In any case, we'll keep you posted as that rescue unfolds there in southern California -- Soledad.

S. O'BRIEN: We'll watch it.

Let's update you on a story. Amtrak back on track this morning. A major power outage temporarily shut down parts of its northeast service on Thursday.

More bad news followed when a House panel threatened to cut the railroad's federal subsidy to $900 million. That's down from $1.3 billion, or about by a third.

One lawmaker called the subsidy a shutdown number. The figure is expected to go up once the bill reaches the Senate. The latest CNN gas gauge for you this morning.

The national average, $2.86 for regular unleaded. A month ago it was $2.92. A year ago, $2.11.

And call it a sign of the times. Some business owners are going the extra mile to help holiday travelers ease the pain of gas prices.

CNN's Kyung Lah is live for us in Atlanta with more.

Hey, Kyung. Good morning.

LAH: Good morning, Soledad.

With prices like that, some hotel rooms are rolling out some of those incentives. They are, as you said, taking away the pain at the pump by offering some gas rebates.

We actually visited an inn just a couple hours outside of Atlanta where she will pay for a tank of gas as long as you stay there, Soledad. And it's not just free gas. She's also offering a free car wash.

If you look at some Web sites like hotels.com and bedandbreakfast.com, they're also throwing in free kayak rides. So there's everything out there.

S. O'BRIEN: A free kayak ride. That might be the thing that changes it for you.

Besides at the pump, where will people who are making -- who are taking this weekend to enjoy their holiday really going to feel it, do you think?

LAH: Oh, they're going to feel it everywhere. The bottom line is, if you're going to go out this holiday weekend, overall it's just going to cost you more.

Flights are 10 percent up. Rental cars, 20 percent up. And even with these free kayak rides, the ones that you like so much, hotels, overall, are five percent more than last Memorial Day. And even at the restaurants, because, you know, the food has got to get trucked there somehow, everything at the restaurant is going to cost you more.

S. O'BRIEN: Yes, so you're paying more, and then you get the free kayak ride.

LAH: Yes, sure.

S. O'BRIEN: I don't know if people are going to buy it.

LAH: Yes.

S. O'BRIEN: All right. Kyung Lah for us this morning.

Kyung, thanks. LAH: OK.

S. O'BRIEN: Let's get right to the holiday weekend forecast for you. Chad's off. No surprise taking Memorial Day Weekend off.

M. O'BRIEN: He doesn't miss a trick.

S. O'BRIEN: No, he doesn't.

Reynolds is in for him, though.

Hey, Reynolds. Good morning.

WOLF: Hey. Yes, the big guy is gone. I'm filling in for him.

(WEATHER REPORT)

M. O'BRIEN: Thank you very much, Reynolds.

Coming up on the program, Ken Lay, Jeff Skilling guilty on almost every count in the Enron trial. If the judge throws the book, they face some long time ahead. But what does it mean for people who lost their retirement nest eggs? They won't be getting any money back. We'll ask one man who lost everything about that in just a little bit.

S. O'BRIEN: Also ahead this morning, those documents seized from Congressman William Jefferson's office, well, the president has now ordered them sealed. We'll check in with Senior Legal Analyst Jeff Toobin just ahead.

M. O'BRIEN: And in "AM Pop," the man of steel back on the big screen. A sneak preview of "Superman Returns" and some other big summer blockbuster popcorn munchers ahead.

(COMMERCIAL BREAK)

S. O'BRIEN: Ken Lay and Jeff Skilling expressed surprise that they were found guilty in the big Enron trial. Lay, the company founder, and Skilling, his former CEO, face sentencing now in September. For some former Enron employers -- employees, rather, and investors, that sentencing can't come soon enough.

Roger Boyce is a former Enron employee. He retired with at least $2 million worth of Enron stock and then lost it all. He's in Minneapolis this morning.

Mr. Boyce, thanks for talking with us. Nice to see you.

ROGER BOYCE, FORMER ENRON EMPLOYEE: Thank you.

S. O'BRIEN: Give me a sense of how you felt when you heard the verdict.

BOYCE: Satisfaction. I think justice has been served, is the basic way of covering it. A little bit of mixed emotions from the standpoint of the employees, retirees, which I help represent on our civil case. Now, I'm sure there's some sadness on everything they have lost. On the other hand, I think there's some real gratification in the -- in the verdict in the trial.

S. O'BRIEN: How would you describe yourself today? Are you angry and bitter as you look back to such a long and involved complicated trial?

BOYCE: This has been going on for close to five years now. And I think I'm passed the anger and bitterness stage of it. I went through that, of course, earlier on. And just resolved that -- get on with our lives, and I think that's true of many other employees.

While there is an awful lot of anger and bitterness still out there for obvious reasons -- people have lost everything. So it's been a -- it's been a tough ordeal. And I certainly appreciate that.

S. O'BRIEN: You were among the people who lost everything. Tell me a little bit about your personal situation. We said you had about $2 million set aside for retirement and then it was all gone.

BOYCE: Yes, everything I had within Enron, within the 401(k) and ESOPs and those accounts, yes, everything like that was lost. I did have some other investments outside which helped carry it through. And then I've been employed in consulting since that time to help get over the hump, too.

S. O'BRIEN: Have you kept in close touch with friends and colleagues from Enron? Have you all been watching the trial very closely? Is it one of those things that you really just wanted to know how it ended?

BOYCE: I've been following it, you know, on a daily basis, and just following it, at least from an outsider's point of view. I haven't been involved directly, obviously. But in response to your first question, yes, I have been -- have a lot of very close friends and former employees, and so forth, of Enron, which we have e-mail set up. And so we communicate very frequently.

S. O'BRIEN: Jeff Skilling and Ken Lay's defense strategy seems to be, in a nutshell, a couple of different varieties. One, there was no fraud. Two, the media got it wrong and brought it down. Three, this was normal business practices. Four, great company, totally misunderstood. Five, short sellers are what really took the marketplace down.

And there are some other versions of that. I'm kind of giving it to you in a nutshell.

When you heard these different defenses, what was your reaction?

BOYCE: I guess, again, summing it up in a brief way, it's -- I found it very astounding that they could certainly run a company of that magnitude and not be aware of what is going on as far as the stock is concerned, as far as the financial -- overall of the company is concerned. You know, one area, they seemed to have intimate knowledge of what is happening, and then the other areas, gee, they don't remember, they don't know, that type of thing.

It just wasn't consistent. And I think they lost their credibility when they -- when they used that as a defense.

S. O'BRIEN: Yes. It seemed like a lot of people weren't buying it.

You're a consultant now. You're 72 years old. Are you going to -- are you going to get to retire anytime soon? I mean, will you be working until you're 85 years old?

BOYCE: Well, that's a good question. I hope I'm around at 85 years old. But more specifically to answer your question, after I did retire back in March of 2000, it was my intention to continue working as a consulting basis. Probably have worked a little bit more than I anticipated doing that, but I do enjoy working and getting out, and enjoy the job.

So I don't have any specific jobs as far as "retirement" is concerned on a full-time basis. But as long as I enjoy it and can keep on going, that's considered part of my life.

S. O'BRIEN: Roger Boyce joining us this morning, former Enron employee.

Thanks for talking with us. We sure appreciate it.

BOYCE: Thank you.

S. O'BRIEN: Coming up this morning, President Bush and British Prime Minister Tony Blair owning up to making mistakes in Iraq. How is it playing with the public? We'll take a look.

That story's up next on AMERICAN MORNING. We're back in a moment.

(COMMERCIAL BREAK)

S. O'BRIEN: If it's Friday, it means it's time to check in with CNN contributor Bill Bennett. His radio show is called "Bill Bennett's Morning in America". He's also got a new book out. It's called "America: The Last Best Hope".

Bill Bennett joins us from Alexandria, Virginia, this morning.

Hey, Bill. Good morning. Nice to see you.

BILL BENNETT, RADIO TALK SHOW HOST: Hi, Soledad. Thank you.

S. O'BRIEN: What's everybody talking about this morning?

BENNETT: Well, we had something going all week, Soledad. We asked people if they heard anything interesting at a commencement address to let us know. So we heard about commencement addresses all around the country from Prairie View A&M, to Johns Hopkins University. People had some -- took away some thoughts for life. But most of the talk this morning was about the press conference last night.

Immigration remains a big issue. They -- people don't under what the fuss is about Congressman Jefferson, and, you know, this constitutional issue. But the main topic was the Bush-Blair press conference.

S. O'BRIEN: Well, let's break those all down then. Since we've got Congressman Jefferson's picture up, maybe we'll start with him this morning.

BENNETT: Sure.

S. O'BRIEN: You know, what I thought was interesting about that case is the $90,000 the FBI says they found in the freezer. And in Washington, D.C., everybody's focused on, hey, should people be allowed to search somebody's office?

I think, you know, that's one of those stories that, in D.C., they're really not necessarily speaking to the rest of the country.

BENNETT: Yes, sometimes that happens. There's a bit of distortion occasionally inside the beltway. The cold cash, as we have it, and the money in the freezer.

Yes, what people were saying is, look, I don't think I would have immunity in my office or my home from a search. Wasn't this approved by a judge? And are the congressmen again telling us they're not subject to the same rules that we are.

People didn't understand and don't appreciate the sensitivity on the part of the congressman to this. They think if the FBI goes through the steps, procedures, and gets a warrant from a judge, then they ought to give up that information. They're still not sure what's going on with this freezing, if I can use the word again, by the president of this stuff, the sealing of it, but we'll see.

S. O'BRIEN: I guess because it's really all part of a bigger debate about constitutional balance of powers. And that's the kind of stuff that you learn in seventh grade and is sort of boring to talk about, but actually critical to sort of how the nation runs.

BENNETT: Yes.

S. O'BRIEN: Let's move on for a second -- go ahead. I'm sorry.

BENNETT: Sure. No, but it's just -- it's hard to make the case here. I mean, I've heard some of the constitutional arguments about it, and it's pretty hard to see how hiding evidence in a criminal case interferes with the speech and debate clause. But for another day.

S. O'BRIEN: Yes, I hear you. I hear you on that.

All right. Let's talk about the president's press conference, because we've been getting reaction in London and also here. He -- he said mistakes were made. What are your viewers -- viewers -- your listeners saying about that?

BENNETT: The two million people who are listening to our show said the following. They thought the president did very well up to the last part, where this admission of mistakes was. They thought he was very strong when he said, you know, these people are making the ultimate sacrifice, many of them are soldiers and people in Iraq. All we ask is that people stay with them and stay the course.

Blair they thought he was very good on the point he always seems to like to make, doesn't he, that, you know, our will must be as strong and resolute as the will of the enemy.

But my audience did not like at all the president apologizing, as one listener put it, for being Texas, for being a Texan, essentially for saying, I should speak in a more sophisticated way and not say things like "Bring it on," and "Wanted dead or alive." The president...

S. O'BRIEN: I think we have a clip of it. Let me stop you there for a second, Bill...

BENNETT: Sure.

S. O'BRIEN: ... and we'll run it for people who don't know what we're talking about here.

Let's run that clip, guys.

BENNETT: Good. Good.

(BEGIN VIDEO CLIP)

BUSH: ... saying "Bring it on," kind of tough talk, you know, that sent the wrong signal to people, that I learned some lessons about expressing myself, maybe in a little more sophisticated manner. You know, "Wanted dead or alive," that kind of talk. It -- I think in certain parts of the world it was misinterpreted.

(END VIDEO CLIP)

S. O'BRIEN: So they didn't like that he apologized or they didn't like the apology?

BENNETT: I think a little of both, really. You remember the contrast during the campaign. As one person put it, you couldn't often understand what Bush was saying, but you always knew what he meant. With Kerry, you could understood what he was saying but you couldn't tell what he meant.

The sophistication of the elites, of the intellectuals, is -- the fact that George Bush doesn't have that is part of the charm I think a lot of people attach to him. And I think they -- other people were very sharp and said that the thing he should have said was, my biggest mistake was believing that this story could be reported accurately by the media. They wanted him to be more on offense on this.

S. O'BRIEN: Ouch.

BENNETT: Yes. Well, you know, some are better than others, as you know.

S. O'BRIEN: I hear you.

BENNETT: But they wanted him to go on offense. And it looked -- he was too apologetic. They weren't happy with that, because in the context of the earlier comments, which were quite strong by Bush and Blair, they seem to draw strength from each other, don't they, these two?

S. O'BRIEN: Oh, absolutely. Absolutely. I think you're right about that.

We're out of time. I know immigration was a big topic, too, but I'm also fairly confident that next week your viewers -- your listeners -- I don't know why I keep calling them viewers -- your listeners will be talking about immigration, because that one is not going away.

Bill Bennett, nice to see you, as always. Thanks for talking with us.

Again, his new book is called "America: The Last Best Hope". It's now in stores -- Miles.

BENNETT: Thank you, Soledad.

M. O'BRIEN: More on those documents seized from Congressman Jefferson's office. President Bush has sealed them, as we just told you, but the legal debate rages on. Are lawmakers asking to be above the law, or is there a real constitutional issue? Jeff Toobin in the house.

And later, "AM Pop" time. Summer movie preview, Jennifer Aniston, Vince Vaughn. Are they sizzling on screen in this movie, "Break Up"?

That's ahead on AMERICAN MORNING.

(COMMERCIAL BREAK)

S. O'BRIEN: New information this morning to tell you about on possible charges against U.S. Marines in connection with more than a dozen civilian deaths in the Iraqi city of Haditha.

CNN senior Pentagon correspondent Jamie McIntyre is with us this morning.

Hey, Jamie, good morning.

JAMIE MCINTYRE, CNN SR. PENTAGON CORRESPONDENT: Good morning, Soledad. Well, these are very serious allegations against U.S. Marines from last November in the Iraqi town of Haditha. The charge is essentially that these Marines, after losing one of their own to a roadside bomb, went on a rampage, going house to house, killing up to two dozen civilians, including possibly some unarmed men who were in a taxi cab and were all shot to death. The investigation is still going on, but Pentagon sources are indicating that murder charges are definite possibility against some of the Marines. But videotape taken by an Iraqi human rights group shows some of the aftermath of the attack, and it was this tape that was brought to "Time" magazine and then "Time" magazine brought to the U.S. military, that started the whole investigation. The charges are so serious that members of Congress were briefed on the incident yesterday.

Even before the investigation is complete, and that Marine Corps's top general, Marine Corps General Michael Hagee, went on a hastily arranged trip to Iraq to talk personally to Marines about integrity. Among the things he's telling them, according to remarks he prepared before he left and provided to us by the Marines, is that, a quote to a Marine, "Honor is more than honesty; it means having uncompromising personal integrity and being accountable for all actions." General Hagee goes on to tell his Marines, "We do not employ force just for the sake of employing force. We use lethal force only when justified, proportional, and most importantly lawful. He says to the Marines, that it is important they follow the laws of war; otherwise it will bring dishonor on everyone.

Those conversations been General Hagee and the Marines private at the moment. They're not allowing any coverage of that. They say the general just wants to speak heart to heart with his fellow Marines -- Soledad.

S. O'BRIEN: Do they expect, Jamie, that it's going to be a long investigation. And if that investigation ends with some Marines being found guilty, what potentially could happen to them?

MCINTYRE: Well, the investigation has been quite extensive. It's about to wrap up. We expect the results fairly soon. Two separate investigations, one on what the Marines did, and second, whether there's a coverup. If murder charges are brought, they could be a capital offense. That is U.S. Marines could face potential death penalty.

But again, at this point, no charges have been filed. But some of the Marines who are subject to this investigation are already lining up defense attorneys in anticipation that they may face some very serious charges.

S. O'BRIEN: Jamie McIntyre for us at the Pentagon this morning. Jamie, thanks -- Miles.

M. O'BRIEN: Well, I guess you can call it the war of Pennsylvania Avenue. It's headed for a truce right now. We're talking about the fight between White House and Congress over the contents of one lawmakers's office. President Bush has personally sealed files the FBI took from Congressman William Jefferson's office for 45 days. He's the target of a bribery probe. The reason they're frozen is to sort out some constitutional issues.

CNN's senior legal analyst Jeff Toobin is here to explain what's going on here. Let's try not to make this sound too much like a civics lesson as best we can.

JEFFREY TOOBIN, CNN SR. LEGAL ANALYST: Indeed.

M. O'BRIEN: But there is are some issues here, balance of power issues, which the founding fathers really did think long and hard about. Does that fit into this case, do you think?

TOOBIN: Well, you know, the amazing thing here is it doesn't seem to fit very closely in here. The executive branch has investigated congressman for decades, and many of them have gone to prison, over just this kind of investigation. William Jefferson is accused of taking bribes. He's the guy that had $90,000, the famous cold cash, that was in his freezer. So this does not seem to be any sort of politically motivated investigation; it's just a case about bribery.

Yet what makes this case unusual is they searched his office on Capitol Hill.

M. O'BRIEN: And that had never been done, right?

TOOBIN: That has never been done, that kind of search.

M. O'BRIEN: It's so interesting to me, the long history of this republic and all of the scoundrels that have held office, there has never been a search like that before.

TOOBIN: There's never been a search of the office. There have been searches of homes. There have been investigations, and they did it this time. And what's incredible to me, is that it's the Republicans on Capitol Hill who are so outraged about this, even though the target is a Democrat.

M. O'BRIEN: I guess when you have the speaker of the House, Dennis Hastert, critical of the administration, the executive branch, they're going to listen.

TOOBIN: Especially now. The political context of this is so interesting. President Bush has been so aggressive in essentially telling Congress to go to hell over an over again. And here, because immigration is pending, because Bush is so politically weakened, he backs off, apparently to the outrage of the FBI, where he says for 45 days, this unfolding investigation is going to be frozen in its tracks.

M. O'BRIEN: Let's go to the Constitution for just a moment. I know you've got a copy in your billfold there. Every good lawyer does.

Article I, Section 6 of the Constitution says this -- we're just going to paraphrase some of this, shall in all cases, except some exceptions: Lawmakers shall be privileged from arrest during their attendance at the session of their respective houses, and in going to and returning from the same, from any speech or debate in either house, they shall not be questioned in any other place.

I think, if I'm guessing what the founding fathers were thinking here, they didn't want political harassment to stop people from going and making votes and making speeches, right?

TOOBIN: The king was arresting people in the colonies while they were voting on the floor.

M. O'BRIEN: There you go.

TOOBIN: And so they basically said, speech or debate, anything on the floor of the House or the Senate is off limits. And the Supreme Court in recent -- it doesn't deal with this that often; it doesn't come up this often. But they have said, this should be defined broadly. Committee hearings are included, for example, and so what the members of Congress are saying, look, the private business of a Congressman, his legislative office, should be off limits. Now you can argue that that is a principled stand on separation of powers, or Republican legislators who are worried in the era of Jack Abramoff that their offices are going to be searched.

M. O'BRIEN: Interesting, interesting, yes.

You know, a lot of people look at this think, you know, lawmakers wanting to be above the law here, I think. That's what happens.

TOOBIN: I think that's right. And I think it's politically a mistake for Congress to make a big deal out of this, especially for Jefferson, who seems -- uncharged, unproven -- but who seems like a total crook, that this is not the best stand to be taking. And for the president to back down is just shocking.

M. O'BRIEN: All right, final quick thought on Enron, if you don't mind -- is there any good chance for an appeal for Lay and Skilling here?

TOOBIN: Remote, remote chance. The vast majority of convictions are upheld. This was, by all accounts, a pretty fair trial. They just lost.

M. O'BRIEN: Oh boy. All right. Our senior legal analyst, Jeffrey Toobin.

TOOBIN: See you later.

M. O'BRIEN: Always a pleasure having you drop by. A little constitutional law session today. Class is now dismissed.

(WEATHER REPORT)

S. O'BRIEN: Andy Serwer is "Minding Your Business." Coming up next -- what you looking at?

ANDY SERWER, "FORTUNE" COLUMNIST: I am, Soledad. An iconic American product, Harley Davidson, coming to the subcontinent and Ho Chi Minh City, perhaps. We'll tell you about that one.

S. O'BRIEN: All right, Andy, thank you.

Also ahead, our summer movie preview. Seen anything good lately?

SERWER: Not lately.

S. O'BRIEN: Want to see this one?

SERWER: "X-Men 3" opens nationwide today. We're going to give you a little sneak peek in "A.M. Pop," see if it's worth taking a look at. That's ahead. Stay with us.

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S. O'BRIEN: The vote is in on Capitol Hill. Let's get right to Bob Franken. He's there for us this morning. General Michael Hayden, in fact, has been confirmed. Bob, good morning.

BOB FRANKEN, CNN NATIONAL CORRESPONDENT: Good morning.

Well, the suspense was really something, wasn't it? Seventy- eight to 15. He was confirmed the general of the Air Force, who will continue to be a general, who had headed the National Security Agency. Goes from "sig int" to "hum int". Figure I'd throw those words at you. That's signal intelligence that the National Security Agency, to the human intelligence that the Central Intelligence Agency is going in.

Of course, the CIA has been really in quite a turmoil for a while. Porter Goss' tenure as head of the CIA was not a pleasant time. There were resignations. He had been given a mandate to try and clear things up there. But instead, he leaves, and a new man is going to go in and try and calm things down -- Soledad.

S. O'BRIEN: All right. Well, thanks for the update. And you're right, no big secret there. Bob Franken for us. Thanks, Bob.

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M. O'BRIEN: "CNN LIVE TODAY" is coming up next. Have a good weekend, by the way.

SERWER: Thank you. Likewise.

M. O'BRIEN: Daryn Kagan is guiding us through the next couple of hours. Daryn, good morning to you.

DARYN KAGAN, CNN ANCHOR: Good morning to you, Miles. It's the pre-holiday edition of "LIVE TODAY," just moments away. I'm going to introduce you to a man who definitely is marching to the beat of a different drummer.

(BEGIN VIDEO CLIP)

KAGAN: Why do you do this? UNIDENTIFIED MALE: The basic premise of why I do this is basically to lift people's spirits and put a smile on their face.

(END VIDEO CLIP)

KAGAN: A whistle, a baton and a big personality. Bob Jameson (ph) is doing away with life's ho-hum routines.

A focus on friendship. Josh's buddies get buzzed. They're seeing a pal through a rough time.

And hello!

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: That's been my phone number. Has been since May of 1957. And I'm not changing. They can change.

(END VIDEO CLIP)

KAGAN: Yes, life can get a little complicated when your phone number is just one digit away from "American Idol"'s. "LIVE TODAY" dials up that story and headlines at the top of the hour.

Miles, back to you.

M. O'BRIEN: You know, the interesting thing was -- I saw another piece on that lovely lady. She said she's not changing her number. No way. No way.

KAGAN: No.

M. O'BRIEN: You know, but if the show keeps going...

SERWER: She's going to have a problem for a long time, I think, right?

M. O'BRIEN: This could go on for years.

S. O'BRIEN: They should just throw a little dough her way and take the number.

M. O'BRIEN: There you go.

SERWER: She wants a lot more dough. That's why I'm never changing it.

M. O'BRIEN: Soledad O'Brien on the line. We know her number, we'll give her a call.

S. O'BRIEN: Absolutely.

M. O'BRIEN: Thank you very much. Daryn, see you in a bit. Coming up on "AMERICAN MORNING," our summer movie preview. From mutant super heroes to rumored romances off-screen, we'll break down this summer's biggest blockbusters. Stay with us. (COMMERCIAL BREAK)

S. O'BRIEN: In this morning's A.M. Pop, Memorial Day starts the unofficial start of the summer season, kicks off the summer movie season, too.

Our good friend, Bradley Jacobs, from "US Weekly" joins us with a look at some of the most anticipated films.

Hey, Bradley, good morning.

BRADLEY JACOBS, "US WEEKLY": Good morning, Soledad.

S. O'BRIEN: "X-Men," it's the sequel?.

JACOBS: Right. It's the third movie in the series. It comes out today. It's going to make big bucks. In this "X-Men," scientists develop a cure for the "X-Men," and it is controversial within the X- Men community, because some people say, well, we don't need to be cured, and others say, well, you know, what, if people want to be cured of this, quote, unquote, disease, they can be. So it's very metaphorical, but otherwise, the movie has a lot of great action sequences.

S. O'BRIEN: All of the originals are back.

JACOBS: All of the originals are back.

S. O'BRIEN: Kind of a surprise for a big sequel.

JACOBS: Yes, including Halle Berry. Of course Oscar-winner Halle Berry. Hugh Jackman is in it. Rebecca Romjin's in it. You have Famke Janssen. It really does have all the originals. And the first movie made something like $150 million. The next one made over $200 million. So as long as these things keep making money, they're going to keep making them.

S. O'BRIEN: "X-Men 99," I wouldn't be surprised.

JACOBS: Exactly.

S. O'BRIEN: There's a movie called "The Breakup." There have been ads for that movie everywhere. It stars Vince Vaughn and Jennifer Aniston. But a lot of people are watching the details of this movie, more because what was going on in the private lives of all of the characters, as opposed to the actual movie.

JACOBS: Exactly. Well, at "US Weekly," you know, we've been writing about this movie for about a year. It starting filming five months after Jennifer Aniston split from Brad Pitt. And along the way, she got involved with her costar Vince Vaughn. Now the two of them have never gone on record and said, we're a couple. But as you say, we're going to be watching this movie to see how it all began. It's about a couple who lived together in a Chicago apartment and breakup. But neither of them wants to move out.

S. O'BRIEN: No one wants to give up the real estate.

JACOBS: Exactly. It's about the third thing in any marriage, real estate. And so they stick around trying to make each other miserable. And you know, we'll see if they end up together.

S. O'BRIEN: What's the early word. Is this funny? It sounds on paper like it's really funny. Is it funny?

JACOBS: Well, Vince Vaughn is a producer, so that's a good sign right there. Early word is, you know, it's better than the average romantic comedy, a little less traditional. May or may not have a happy ending. They were reshooting the ending in March, so there's a lot of curiosity about that.

S. O'BRIEN: "Superman Returns," another sequel of course. And it returns because a guy man named Brandon Ralph (ph). Who is Brandon Ralph?

JACOBS: Brandon Ralph. Good question. He's been on soap operas and a couple TV shows, but they plucked him from obscurity a couple of years ago and gave him this role because of his remarkable resemblance to Christopher Reeve. This movie starts at a time after "Superman 2." Superman's been away from Metropolis for five years. He comes back, and everything is changed throughout the world. And his, you know -- Lois Lane, his longtime girlfriend, actually is living with a guy, has a kid with a guy. So it's a little bit of more modern superman. Soledad, this movie's probably going to be the biggest movie of the summer. It's costs -- Warner Brothers has costs over 200 million. So you know what that mean, but it will probably make ultimately $300 million in the U.S.

S. O'BRIEN: "Devil Wears Prada," a popular book. Meryl Streep is in the movie version of it. How do you think this one's going to do?

JACOBS: I think this one will be very big with women. You know, the book was a blockbuster, and all of the executives at Fox and all the executives behind the book have bent over backwards to say this book and movie is not about "Vogue" editor-in-chief Anna Winchell (ph), but instead just about an icy boss from hell. Meryl is supposed to be so good that there's talk she could get another Oscar nomination for this film.

S. O'BRIEN: Oh, I'm dying to see this one. I think she'll be really, really great.

Lots to see. Bradley Jacobs, thanks as always.

JACOBS: Thank you, Soledad.

(END VIDEOTAPE)

M. O'BRIEN: Coming up at the top of the hour. Wine time. That's W-I-N-E, not W-H-I-N-E. A California cabernet wins out over a French vint. Ohh la la, sacri bleu (ph), le taste test after le break. And look at this, nature boils, and bubbles, and foils and troubles beneath the Pacific. These are unprecedented pictures of a volcano erupting 1,800 feet below the surface. Cool. We'll explain after this.

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