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Congressman Foley Fallout; Steroids Claims; When Teachers Fly

Aired October 01, 2006 - 22:00   ET

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


(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: I think there was an obligation, if the Republican leadership knew, to do more to make sure that we protected all the other pages in the House and to inform the Democratic leadership.

(END VIDEO CLIP)

ANNOUNCER: Foley's folly grows deeper. New pressure for a high profile investigation. The e-mail sex scandal threatens to draw other Republicans into hot water. Democrats demand to know who knew what and when.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: They hated each other. Two more different people, hard to imagine.

(END VIDEO CLIP)

ANNOUNCER: Terror on tape. Don't let the smiles fool you. Best buddies? More like bad foes. A closer look at two 9/11 hijackers more than a year before their fateful deed.

Steroid scandal. Same story, different names. The Houston Astros step up to the plate to defend their teammates.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Both guys have been clean. There's no reason for us or anybody else to think that they've been doing anything.

(END VIDEO CLIP)

ANNOUNCER: Plus free falling. The weight is over. When do pigs fly? You're in the CNN NEWSROOM.

CAROL LIN, CNN ANCHOR: Welcome to the CNN NEWSROOM, your connection to the world, the web, and what's happening right now. I'm Carol Lin. You've been busy today so let's get you plugged in.

The headlines now. The Mark Foley case keeps getting bigger. The FBI is looking into the ex-congressman's communications with young pages. And the House Speaker wants the Justice Department to get involved. He wants an investigation into how lawmakers handled the allegations. We're going to have extensive coverage of this breaking story just minutes from now.

Intelligence analysts are examining this video of Mohammed Atta, the ring leader of 9/11. The video was released today by Britain's Sunday Times newspaper. I'm going to ask our terrorism analyst Peter Bergen all about it in just 20 minutes.

An overnight curfew has been lifted in the Iraqi capital, and the violence has quickly resumed. 50 bullet riddled bodies were found in Baghdad. Also, gunmen burst into a Baghdad factory and kidnapped two dozen workers. 25 people were killed in attacks across the country today.

And flight recorders confirm a midair collision caused Friday's plane crash in Brazil. All 155 people on board were killed. The passenger plane clipped the wing of a Brazilian corporate jet. The smaller jet landed safely, but it was missing one of its wing tips.

Big names in major league baseball linked to a federal steroid investigation. The L.A. Times says the names came from statements to federal agents by a former big league pitcher. Details and a live report later this hour.

In the meantime, our top story. The Mark Foley e-mail scandal exploded tonight. It's gone way beyond the resignation of a six-term congressman.

The latest breaking developments, the FBI is now involved. And the Justice Department has been requested by the House Speaker to start a full investigation.

It is the classic question -- who knew what and when? A lot has happened in the short span of time.

(BEGIN VIDEOTAPE)

LIN (voice-over): It might seem like the end of a story. Turns out it's only the beginning. On Friday, Congressman Mark Foley abruptly resigned, after being confronted with some disturbing allegations.

The Florida congressman accused of sending sexually charged e- mails to a former page, a 16-year-old boy. On Saturday, Democrats pounced, claiming the House GOP leaders knew of Foley's alleged misconduct, but did nothing.

That same day, key Republicans mounted an extraordinary effort to explain themselves. They released a harshly worded statement, calling Foley's conduct abhorrent.

Also Saturday, the only Democrat on the three person page board, Dale Kildee, said he had been had in the dark about the allegations.

And today, the fallout only grew more intense. The White House expresses shock. And House Democratic leader Nancy Pelosi pushes for an ethics probe.

(END VIDEOTAPE)

LIN: That brings us to House Speaker Hastert's request to the Justice Department. It's very rare and very surprising. And another thing. Where is Mark Foley as all of this unfolds? CNN's Gary Nurenberg is in Washington - Gary?

GARY NURENBERG, CNN CORRESPONDENT: Well, Carol, as you say, the newest information comes from the FBI, which confirmed to CNN tonight that it has begun a preliminary probe to see if a full investigation is warranted. That initial FBI inquiry will take place regardless of whether the attorney general grants Speaker Hastert's request for a Justice Department investigation.

Hastert's decision follows weekend complaints from Democrats that the House Ethics investigation authorized Friday night is simply not enough when the actions of House leaders have been called into question.

(BEGIN VIDEOTAPE)

GARY NURENBERG, CNN CORRESPONDENT (voice-over): Speaker of the House Dennis Hastert is asking the Justice Department to investigate whether any federal laws have been broken. In a letter Sunday afternoon, Hastert says members of the House Ethics Committee, authorized to investigate Foley Friday night, quote, "Do not have jurisdiction over federal law or over him upon his resignation from office.

"As speaker of the House, I hereby request that the Department of Justice conduct an investigation of Mr. Foley's conduct with current and former House pages to determine what extent any of his actions violated federal law." (on camera): At issue are two sets of electronic messages Foley sent to boys who served as congressional pages, one series to a 16- year-old last summer, suggestive but not sexually explicit, the other a series of instant messages that are sexually explicit.

(voice-over): Some members of the House Republican leadership learned of the first set of suggestive e-mails last fall. Representative John Shimkus who oversees the page program says he confronted Foley and ordered him to cease contact with the 16-year- old. Others members of the leadership learned of that this spring.

NEWT GINGRICH, FORMER HOUSE SPEAKER: I think that they thought they had solved the problem. No one knew about the second set of e- mails.

NURENBERG: Democrats argue the leadership should have done far more.

UNIDENTIFIED MALE: If it's proven that leaders in Congress did nothing, nothing to protect those children, those 15 and 16 year olds, those leaders in congress should resign their leadership positions.

NURENBERG: House minority leader Nancy Pelosi Sunday said Republican leaders quote, "chose to cover it up rather than to protect those children." And wants the leadership questioned under oath.

Hastert disclosed Sunday evening that some of the more graphic messages are three years old. In his letter to the attorney general he said "there should be an investigation in to the extent there are persons who knew or had possession of these messages but did not report them to the appropriate authorities."

A congressional watchdog group says it advised the FBI of some of the e-mails this summer, and asked for an investigation.

MELANIE SLOAN, EXECUTIVE DIRECTOR, CREW: We know that the FBI obviously didn't really look at this matter. They didn't start talking to a lot of pages because if they had these instant messages would have come up much sooner.

NURENBERG: Foley's staff left his office for the last time Friday. Over the weekend, Foley's name was ripped from the wall and police have been ordered to protect evidence for a possible criminal investigation.

Foley talking about President Clinton in 1998 said of the liaison with Monica Lewinsky, quote, "It's vile, it's more sad than anything else to see someone with such potential throw it all down the drain because of a sexual addiction."

(END VIDEOTAPE)

NURENBERG: In his letter to the attorney general, Speaker Hastert says he wants the investigation to include anyone who had knowledge of the electronic messages inside or outside Congress. That could include members of the current Republican leadership. The Justice Department says it will review Hastert's letter to determine whether it can conduct an investigation.

By moving quickly, Speaker Hastert clearly hopes he can dampen weekend charges by Democrats of a cover-up, but five weeks before the election it seems unlikely that those Democrats, Carol, will let the issue die.

LIN: All right, we have more insight certainly into the investigation. Gary, thank you.

Now even though it's after 10:00 p.m. on Sunday in Washington, the Foley scandal is keeping the lights on in many government buildings tonight. CNN's chief national correspondent John King knows the halls of Congress like the back of his hand.

John, good to have you tonight. What do you think is going to happen tomorrow?

JOHN KING, SR., NATIONAL CORRESPONDENT: Well, a number of things, Carol. Number one, Republicans across the country are literally panicked. I've been in conversation -- e-mail exchanges with Republican strategists all day long.

There are a lot of things about Washington the American people don't like, a lot of things about Washington the American people don't understand, but this is something that is every parents' nightmare. Somebody in authority preying on their children over the Internet. This is something that will quickly resonate across the country, which is why you see the leadership after 36 hours or so of inaction, of trying to get their stories together, now trying to rush say investigate us, investigate everything. We have nothing to hide.

The Republican leadership obviously trying to get out ahead of this politically, because they see this as so potentially damaging. And another thing to look for, Carol, is as we know now, the FBI is launching a preliminary investigation. I'm told tonight that Congressman Foley - former Congressman Foley now has spent part of his weekend seeking legal advice.

LIN: But John, getting back to the point of what happened when these e-mails and instant messages first started surfacing? It seems like fingers are pointing in both directions. I mean, why didn't the GOP leadership ask the tough questions when the e-mail first surfaced? Instead, they chose to believe the promise that Mark Foley would keep his behavior in check.

KING: Well, that is the huge question. And let's assume that they didn't know, as they say, they didn't know anything about the sexually explicit e-mails. They say they had no evidence of those. They only knew about questionable conduct. Congressman Foley asking a 16-year-old former page to send him a picture, checking in to see how he was doing, questionable conduct, overly friendly conduct, not messages of a sexual nature. They say they went to him and they said stop it. Don't do it again.

Others are saying why didn't you bring in the lawyers, why didn't you bring in the Democrats, why didn't you have a thorough investigation? Did you reach out to other former pages? Did you reach out to current pages, ask them if they had anything they wanted to complain about Congressman Foley or anyone else?

What many are saying is simply going to Congressman Foley and saying don't do this again isn't enough, especially when we're talking about young children who are in the care of the very institution -- Congress.

LIN: So John, how is the GOP base likely to react or respond? And what are they going to make of Speaker Hastert's request for the Department of Justice to start this criminal investigation?

KING: The biggest thing here, Carol, are the legal questions involved, not only about Congressman Foley, but did everyone else act appropriately? But we are a little more than a month away from a midterm election. So there are huge political questions here as well.

And remember, it is the Republican party that presents itself as the party of family values, as the moral party in this country, that is counting in a midterm election in which both parties say the most critical element in their success or failure is will their base turn out to vote? Who is the Republican base? Christian conservative voters who are likely to be very offended by this. One of the big things to watch in the week ahead Christian radio like Dr. James Dobson. Conservative radio, like Rush Limbaugh.

This is likely to send a domino effect across the base of the Republican party. That's why many of the strategists, Carol, I can tell you this weekend, politically, there are big legal questions to deal with here. There are very painful issues to deal with here. But politically, Republicans are very worried.

LIN: John King, thank you so much.

KING: Thank you.

LIN: John's part of the best political team on television.

Now political players of all parties from Florida's 16th district to the White House, they're all putting maximum distance now between themselves and Mark Foley tonight. But those who know the former congressman personally are doing the opposite.

Here's CNN's Susan Candiotti.

(BEGIN VIDEOTAPE)

CANDIOTTI (voice-over): Mark Foley's friends call him warm and giving.

ESTER DINERSTEIN, FRIEND OF FOLEY: Mark is funny. He is generally happy about having a Polish background, which I identify with, that's where I was born, and he was always quick with a hug.

CANDIOTTI: A congressman they say, who worked tirelessly for his constituents, but how was that seed planted? Right here at age six, in 1960, at a Lantana, Florida shopping center.

Foley told a Washington DC paper called "The Hill" he had a chance encounter with Congressman Paul Rogers.

(on camera): This is where Foley said he saw his Florida Congressman Paul Rogers in congressman in action, working the crowd, the center of attention. That's when Foley reportedly said, he was hooked. Not to mention the congressman paid him $5 to hand out campaign brochures.

(voice-over): In junior high, he told a newspaper, he felt like moving to Manhattan to manage some apartments. And briefly owning a restaurant and serving in local office, Foley was elected a Florida congressman. From there, he won six terms as a U.S. congressman.

SID DINERSTEIN, PALM BEACH GOP CHAIRMAN: He was everybody's fair- haired boy. For all the right reasons. He was so easy to watch.

CANDIOTTI: Sid Dinerstein is the Palm Beach, Florida, GOP chairman. Goes back more than a decade with Foley. He describes a funny side of Foley, known for his dead-on impersonations for California Governor Arnold Schwarzenegger and coincidentally someone else who faced a sex scandal, President Bill Clinton.

S. DINERSTEIN: I mean, good enough to be on the air, and he would do the whole thing of "I did not have sex with that woman" and just some of the best stuff and of course, particularly for a partisan crowd, it was just, you would just would fall over laughing.

CANDIOTTI: When Foley dropped out of a run for the U.S. Senate in 2003, there were rumors he was gay. He told reporters his sexual orientation was private. He said he dropped out of the race because of his father's cancer. Friends describe Foley as a devout Catholic, who once met the late Pope John Paul II.

E. DINERSTEIN: I'm extremely saddened that the political arena is backing away from him at a time where I truly believe that we, as friends of his, should be gathering around him.

CANDIOTTI: The scandal now facing Foley is hard for any of his friends to understand.

S. DINERSTEIN: They are just the people who are out front of a very large army, and of a philosophy and of values, and so something like this is a betrayal of all of that.

CANDIOTTI: Susan Candiotti, CNN, Palm Beach Gardens, Florida.

(END VIDEOTAPE)

LIN: Now this story has been developing literally by the hour all weekend long. And the online outrage is unbelievable. Bloggers are buzzing about the Foley controversy. Coming up in 12 minutes, we'll read what some people have been posting.

Well, from online to the phone line, we want to hear from you. Tonight's last call. What, if any consequences, should Mark Foley face? Give us a call at 1-800-807-2620. We're going to air some of your responses later this hour.

Well, the faces of terror involved in September 11th and back to haunt us again. Also just as the diamond was beginning to shine, more boos for baseball. And simulating space -- to spur more interest in science. One of those people your teacher? That's all this hour in the NEWSROOM.

And a live picture of the nation's capitol, where it is quiet tonight, but a storm of controversy swirling around a former congressman. The e-mails, the instant messages, the obscenities that he sent to congressional pages. We've got it all tonight in the NEWSROOM.

(COMMERCIAL BREAK)

TIME STAMP: 2217:11

LIN: Among the most popular stories you're clicking on on CNN.com tonight, Iraq's national security advisor has a message for the leader of al Qaeda in Iraq. Iraqi troops are closing in on you. In his words, Abu Ayub al Masri will be captured either as a corpse or tied up to face justice.

Defense Secretary Donald Rumsfeld has heard the critics and the rumors, but he says he's not resigning. He also says President Bush recently called him to express his full support.

And a big weekend for actor Ashton Kutcher. He lent his voice to "Open Season". It was number one at the box office this weekend. Coming in second, another Kutcher film, "The Guardian". He co-stars with Kevin Costner in that one.

The NEWSROOM returns in just 60 seconds.

(COMMERCIAL BREAK)

TIME STAMP: 2219:03

LIN: He's known as the ringleader of 9/11, but so much about Mohammed Atta remains a mystery. He only showed up in glimpses, like on this airport security tape.

That is until this weekend. A video made about 20 months ago -- 20 months, rather, before the attacks has surfaced. And it shows two of the hijackers like we've never seen them before.

Here's CNN's Paula Newton.

(BEGIN VIDEOTAPE)

PAULA NEWTON, CNN CORRESPONDENT (voice-over): The entire video is silent and yet the images unnerving. The 9/11 mastermind and his accomplice laughing it up and going through their lines for a performance of martyrdom wills. According to the "Sunday Times" of London the tape was apparently shot in Afghanistan a full 21 months before 9/11.

It is startling in the human portrait it paints of Mohammed Atta, AK-47 at his side, stage managing his look just before he stares deadpan at the camera and gives what the paper claims is a death will, justifying himself for flying a plane straight into the World Trade Center.

With his easy style and comical posture, Ziad Jarrah is no less bizarre. And then he recites his will. He was the hijacker authorities believe was destined for Capitol Hill but who then crashed a United Airlines flight in Pennsylvania.

U.S. intelligence sources tell CNN, they have aware of the tape for years, even unsuccessfully tried to have it lip-read. It's assumed U.S. authorities found it in Afghanistan in late 2001, but never released it.

YOSRI FOUDA, JOURNALIST AND AUTHOR: And I wonder why, because it would have been benefited everyone. NEWTON: Author of "The Sunday Times" article Yosri Fouda won't reveal his sources but says the hour-long tape reveals much about how and why Atta, the so-called ringleader, was so carefully coached by Osama bin Laden.

FOUDA: If it wasn't for Atta, 9/11 may have never happened. The rest were described by some people as dumb and dumber, wherever they went. What you needed to the end of this plot is someone of the caliber of Mohammed Atta, someone to pull the plot together.

NEWTON (on camera): Osama bin Laden himself makes an appearance on the tape, again the whole thing is silent, but it's clear that bin Laden is holding court in Afghanistan, where he carefully plotted the 9/11 attack.

(voice-over): What is so striking about the incidents depicted in the video is al Qaeda broke its own rules by bringing two key plotters together.

ROBERT GRENIER, FORMER DIRECTOR, CIA COUNTERTERRORISM CENTER: It must have been very important to the al Qaeda leadership at the time that they get a firsthand look at these fellows, because they were residing a great deal of responsibility in them. And perhaps it was thought that it would be important to bring these fellows to meet the al Qaeda leadership in Kandahar, so that they could motivate them properly.

NEWTON: No one can know if bin Laden has since refined his strategy, finding it too risky to be directly involved in future terror plots but the play by play of this footage reveals a long and methodical path to terror.

Paula Newton, CNN, London.

(END VIDEOTAPE)

LIN: Well, the images are certainly drawing reaction tonight from around the world. But does this tape have a greater significance than that? Well, I put that question to CNN terrorism analyst Peter Bergen earlier tonight.

(BEGIN VIDEOTAPE)

PETER BERGEN, CNN TERRORISM ANALYST: What's really interesting about Jarrah and Atta is two people, you know, (INAUDIBLE), these guys hated each other, actually.

LIN: You couldn't tell from the tape.

BERGEN: At one point Atta - say what?

LIN: You couldn't tell on the tape.

BERGEN: Yes, well, Atta - you know, Jarrah was sort of a Lebanese playboy who actually had a girlfriend. And she may have even secretly been his wife, somebody who was drinking occasionally. A more unlikely suicide attacker you could hardly think possible. Somebody who made American friends when he was in the United States.

Atta, on the other hand, really a very - you know, a rabid misogynist, not a nice guy to be around, not a comfortable person to be around, very bright person. But it's interesting on this tape, as you say, they appear to be pretty matey. But in reality, at one point Atta wanted to get rid of Jarrah because he just really didn't like him, to the point where there were concerns within al Qaeda's leadership that the enmity between these two people might actually sabotage the 9/11 plan.

(END VIDEOTAPE)

LIN: Now you can stay tuned to CNN day and night for the most reliable news about your security.

"State of Denial", Bob Woodward's new book is out. Now the Bush administration is out with some denials of it's own.

And we're tracking the big news of the weekend - Congressman Mark Foley's resignation and now a possible federal investigation. CNN, the most trusted name in news.

(COMMERCIAL BREAK)

TIME STAMP: 2226:48

ANNOUNCER: Live in the CNN newsroom, Carol Lin.

LIN: Bob Woodward's latest book on the Bush White House goes on sale tomorrow, but the fire storm over its contents has already been unleashed. "State of Denial" is a Pulitzer Prize winner's third novel in a series. And "Denial" tonight is exactly what the White House is doing.

Here's CNN's Kathleen Koch.

(BEGIN VIDEOTAPE)

KOCH: The Woodward book has the White House playing offense.

TONY SNOW, WHITE HOUSE PRESS SECRETARY: The book is sort of like cotton candy, it kind of melts on contact.

KOCH: Biting dismissals followed Saturday by a detailed rebuttal of claims the president concealed deteriorating conditions in Iraq and ignored early requests for more troops.

But the White House has less to say about the revelation that CIA director George Tenet and his counterterrorism chief Coffer Black (ph) two months before 9/11 requested an emergency meeting with Condoleezza Rice to sound the alarm that intelligence showed al Qaeda would soon attack the United States.

The book claims Rice was, quote, "polite, but they felt the brushoff." DAN BARTLETT, WHITE HOUSE COUNSELOR: We're puzzled by this. No one has seen these type of quote before. Each of these participants went before the commission and testified. So, Condoleezza is scratching her head, because we don't believe that's an accurate account.

KOCH: Democrats want answers about whether the meeting occurred and if so, why the 9/11 commission and the rest of the country were never told about it.

SEN. JOE BIDEN, (D) DELAWARE: They were obliged to tell the 9/11 commission when they were investigating of all relevant meetings that took place relevant on the attack on 9/11. This sure sounds relevant to me. Why did they not do that?

REP. JANE HARMAN, (D) CALIFORNIA: I find that stunning. It's as close as a smoking guns you can get.

KOCH: There has already been debate over what impact the book's Iraq revelations would have on voters in the coming mid-term elections.

BARTLETT: Voters fully understand mistakes have been made. So I don't know that this book is going to influence their attitude at all.

KOCH: But the possible concealment of an early warning about the 9/11 attacks could be more damaging.

DAVID GERGEN, FRM. PRESIDENTIAL ADVISER: There is a credibility gap in this administration that has now become a canyon.

(END VIDEOTAPE)

LIN: That was our Kathleen Koch reporting from the White House.

Now Bob Woodward will join "LARRY KING LIVE" tomorrow night. You can tune in at 9:00 Eastern, 6:00 Pacific. Larry will take your calls and e-mails.

He helped to bring down one president. Now, Bob Woodward takes on another. Both sides of the state of denial next.

Plus, we're covering all the breaking angles of the Mark Foley controversy. The e-mails, the blame, and the investigations.

And don't forget tonight's last call. What consequences if any should Foley face? Give us a call at 1-800-807-2620. We'll air some of your responses later this hour.

(COMMERCIAL BREAK)

LIN: Your headlines tonight and tomorrow.

Who knew what when? That is what the FBI may be trying to find out in the growing scandal surrounding Mark Foley. Plus, the House speaker wants a full probe of the Florida congressman's case. Foley resigned amid allegations he sent sexually explicit messages to pages.

More details on this breaking news story in two minutes.

The faces of terror. A video showing 9/11 ringleader Mohammed Atta and hijacker Ziad Jarrah surfaces six years after it was made. It shows the terrorists laughing and joking before reading their last will and testaments. A British newspaper posted the tape on the Web.

And Palestinian Authority President Mahmoud Abbas makes a heartfelt appeal for peace. That after nine people were killed today in violent clashes between Fatah and Hamas security factions. Government workers and police are angry they haven't been paid in months.

Roger Clemens and Andy Pettitte, some of baseball's biggest names, are being linked to new allegations regarding banned drugs. The players vehemently deny claims detailed in the "L.A. Times". They say they're once again being smeared by scandal.

In California, firefighters are winning the battle. By morning they expect to have one of the toughest blazes in state history under control, and it's been a long time coming. The fire started on Labor Day and has destroyed 254 square miles of brush and timber.

And at the box office it's "Open Season". The animated feature film featuring the voices of Martin Lawrence and Ashton Kutcher is the number one movie in the country. Kutcher's other film snagged the number two spot. That's "The Guardian," costarring Kevin Costner.

So if you think the Mark Foley story is going away any time soon you have some more thinking to do. Breaking news tonight.

The House speaker wants a federal level probe of the entire Congress. Then there's the cover-up talk, the conspiracy talk, the timing talk. And it's all just begun.

(BEGIN VIDEO CLIP)

SEN. RICHARD LUGAR (R), INDIANA: There should be a thorough investigation of members of Congress who may have some knowledge about this, in leadership or out of either party, and likewise an assurance to the American people that the program for the pages does look after their welfare and their protection. And certainly improvements have been made over the years just to do that. Obviously they have not been sufficient, and so we ought to take those steps.

(END VIDEO CLIP)

(BEGIN VIDEO CLIP)

SEN. MICHAEL DEWINE (R), OHIO: Well, this is a sickening situation. As the father of eight children, I think this could have been one of my kids. People send their children here to Washington to be pages at 16 or 17 years of age, they come out here as college interns 18, 19, 20 years of age. They have a right to expect better than this. This is just disgusting. I think there has to be an investigation to find out what was known and when it was known.

(END VIDEO CLIP)

(BEGIN VIDEO CLIP)

DAN BARTLETT, WHITE HOUSE COUNSELOR: Well, I think just like most people, we were very shocked by this revelation. We don't believe this is the type of conduct you would obviously expect from a man who is serving his country. There is going to be an investigation. It should be aggressively pursued, and we are, as most people would be, very disappointed by it.

(END VIDEO CLIP)

(BEGIN VIDEO CLIP)

REP. JANE HARMAN (D), CALIFORNIA: Well, all I know is what I read in the newspaper. I knew nothing of this until a broke a couple of days ago.

It's a human tragedy for him and for anyone else involved. But if the Republican leadership knew more months ago, I think they had an obligation to act, and they had an obligation to inform the Democratic leadership.

(END VIDEO CLIP)

LIN: Well, remember, all of this is happening just five weeks before the midterm elections.

Joining me now is Republican strategist Bay Buchanan and Democratic strategist Julian Epstein.

Good to have you.

JULIAN EPSTEIN, DEMOCRATIC STRATEGIST: Good evening.

BAY BUCHANAN, REPUBLICAN STRATEGIST: Hi, Carol.

LIN: Bay, do you actually think -- is your gut feeling that the GOP leadership actually knew about the nature of these e-mails and the instant messages as early as last year and didn't do anything about it?

BUCHANAN: Well, the best I can tell is, what they did know about, some many months ago, whether it was all last year or in the spring of this year, was about the first set of e-mails or the ones that were non-sexual in content. I don't think anyone knew about the e-mails or the IMs or whatever they're called that were very sexual in content. I don't think that became news until this week.

However, that in no way excuses him. I have to be honest, when those first set of e-mails -- became aware of them, it's very clear that we had a serious problem on our hands. And for them -- for the congressmen just to go and talk to Congressman Foley and tell him not to send any more, that was totally inadequate. They needed to investigate then to see if any other pages were effected, if this problem was larger than that. And the fact that though didn't tells me that they did not do due diligence to protect the children of this country, to protect in particular those young boys and girls that are pages.

LIN: Julian, the Democratic National Committee issued a statement yesterday specifically saying that the GOP leadership covered up for a sex criminal. That was the headline in their statement.

Do you think this is the wisest choice of words five weeks before the election?

EPSTEIN: I think that we should be very careful not to play judge and jury and let the facts come out. I think the issue is clearly, as Bay said, what did the leadership and particularly Mr. Hastert's office know? And did they take the appropriate action at the time?

They will -- they have done, to their credit, called for an FBI investigation. When you're in a situation like this there are two rules. Get all the information out as quickly as you can, and then, secondly, try to get some independent investigatory effort under way. And I think that the Republican leadership has at least done that.

The real question in attempting to cauterize the wound the way they're doing this is whether or not it's too late. We've already heard conflicting stories from Speaker Hastert about what information he knew and when he knew it. And so the real issue now is -- continues to be Foley, but also the leadership. And with Foley's seat now likely to go Democrat, the political drama that will fuel this is that the House could hang in the balance on this type of scandal.

LIN: Well, Bay -- and given that Hastert did ask for this investigation, we've learned tonight -- CNN has learned that the FBI is now assessing whether there is a criminal case here.

How is that likely to affect whether the GOP hangs on to the House and Senate?

BUCHANAN: Well, this can't be good news at all. I think Julian is right, this week Republicans did everything right. Once this became public they seemed to find some fortitude and some courage and they went right ahead and took as touch an action as they could.

But the fact is, there's mothers across this country of which I am one. This kind of action for a 52-year-old man of power who's a known homosexual to make a 16-year-old boy feel uncomfortable, and for our leadership in the Republican Party to do nothing about it except talk to him is inexcusable. And I don't think that this is going to be helpful whatsoever come November.

LIN: So you... EPSTEIN: Well, I'd love to agree with Bay, if I can. I just want to say that I didn't say that the Republican leadership or Republicans did everything right. In fact, they're contradicting themselves about what information that they knew and when did they find that out.

So I'm not sure that they did it, but the real issue, I think, Bay, is this: if -- it's the cumulative effect on this. Republicans are seen as a rubberstamp Congress. They've roughly worked 60 full days this year. That's one out of five days.

They've been rubberstamps on the Iraqi failures, they've been rubberstamps on things like Katrina. They've gotten virtually nothing done. There is the Abramoff scandal.

When you put this on top of all of that, you begin to get a very strong -- I think what will be a strong wave and a sentiment out in the public, particularly among Independent voters, to throw the bums out.

LIN: All right.

EPSTEIN: And that's the real issue here.

LIN: Bay, a few seconds for your last response.

BUCHANAN: Yes, listen, there's no question that the Republicans are coming into this election on the defensive. This, I think, is the most harmful piece of information they had.

I think they could have pulled this thing off, but this is telling. This tells me that our leadership doesn't have the courage to step in.

They told the pages basically, fend for yourself, we're not going to mess around with one of our own, we're going to believe him. And everybody in this country knows you should never have believed that man when he said he was innocent of any kind of effort to somehow pressure this 16-year-old boy. Fifty-two-year-old men do not send these kind of e-mails to young boys for innocent reasons.

LIN: All right. We're going to have to leave it there.

Bay Buchanan, Julian Epstein, pleasure to have both of you. Thank you.

EPSTEIN: Thanks for having us.

LIN: Now, the blogs are buzzing about this Foley case. Here are some of the highlights.

The liberal site AMERICAblog has this posting: "By all their efforts to cover their tracks, it is increasingly obvious that GOP leadership knew about the Foley problem but didn't do anything. That would cause political problems for them. Instead, they ignored the situation. Now they're all running for cover." Meanwhile on the conservative blog Power Line this: "The idea of pursuing the House leadership on a 'when did they find out that Foley sent a creepy e-mail' basis seems ludicrous and is understandable only in the context of two facts: Foley is a Republican, and there is an election in five weeks"

Now, follow this political story and all other stories, as well, by clicking on cnn.com/ticker.

In the meantime, let's check in with Jacqui Jeras at the CNN weather center for the very latest on flight tracker.

(WEATHER REPORT)

LIN: Now, some incredible pictures of a roadside car fire in central Ohio from the i-Report in box.

Jonathan Franks snapped this picture while driving down a highway near Mansfield. Firefighters say two people jumped out of the truck. If you can believe that, they got out before it burst into flames. No one was injured.

Jonathan took the pictures from the safety of his own car.

Thanks very much, Jonathan. Terrific pictures there to show us an action shot.

Now, if you've got photos like these, go to cnn.com/ireport and send us what you've got. And join the world's most powerful news team. But remember, safety first.

All right. The boys of summer gearing up for fall playoffs. But there's another storm brewing in baseball.

Also, give up gravity. These teachers hope it will inspire young scientists.

You're in the NEWSROOM.

(COMMERCIAL BREAK)

LIN: A published report today links some big names in baseball with allegations of using performance-enhancing drugs. The "Los Angeles Times" report is based on statements former pitcher Jason Grimsley allegedly made to federal agents in late May and early June. Grimsley admitted using human growth hormones, steroids and amphetamines.

Joining me with more on this is CNN's Larry Smith.

Larry, I don't know if there's any way to substantiate it, but this is what he's saying.

LARRY SMITH, CNN SPORTS CORRESPONDENT: No. Well, yes, here's what we know.

LIN: Yes.

SMITH: "The Times," as Carol said, its report is based on the affidavit that investigators used to search Jason Grimsley's house. Players' names were blacked out when the document was finally -- or was originally made public on May 31st. The report relies on information from two anonymous sources.

(BEGIN VIDEOTAPE)

SMITH (voice over): It's a report that's sending shock waves through baseball. According to the "L.A. Times," former pitcher Jason Grimsley implicates Houston Astros pitchers Roger Clemens and Andy Pettitte as having taken illegal perform-enhancing drugs.

Clemens denied the accusations, saying, "I've been tested plenty of times. My physicals I've taken, they have taken my blood work. I have passed every test. Again, I find it amazing that you can throw anybody out there."

Pettitte also denied the report, saying, "I've never used any drugs to enhance my performance in baseball. I don't know what else to say except to say it's embarrassing my name would be out there."

The Astros were in Atlanta to play the Braves in the final game of the season and defended their teammates.

BRAD AUSMUS, ASTROS CATCHER: I read the report. I don't -- I really don't put any stock in it. I've played with these guys for three years, and at no point has it even crossed my mind that they might be taking something.

LANCE BERKMAN, ASTROS OUTFIELDER: I just feel bad for Andy and for Roger, because, you know, it's one of those situations where, I mean, I could say so, well, so and so I know for a fact took steroids, and even if I was lying or, you know, didn't know what I was talking about, well, his reputation would always have a cloud of suspicion around it just because I threw that accusation out there.

PHIL GARNER, ASTROS MANAGER: Our guys have been tested through the Major League Baseball program. Roger was tested in the World Baseball Classic program. And both guys have been clean. There's no reason for us or anybody else to think that they've been doing anything.

SMITH: According to "The Times" report, Grimsley also allegedly told investigators that Baltimore Orioles player Miguel Tejada used anabolic steroids. Tejada denied the allegations in comments to "The Baltimore Sun," saying, "I know that I've never used that and I know I am clean. I'll get checked out for anybody, any time, any moment -- whenever they want."

The timing of this report couldn't be worse. With the playoffs set to begin on Tuesday, it becomes the latest in a series of Major League distractions for baseball as it continues to try to get a grip on the problem of performance-enhancing drugs.

(END VIDEOTAPE)

SMITH: And as that continues on into the post-season and the off-season, "The Times" report says Grimsley's lawyer did not return phone calls, but previously he had disputed investigators claims made in the lawsuit saying that Grimsley did not volunteer the names of any of the teammates.

LIN: You've talked to some professional ballplayers today. What was their reaction to all of this?

SMITH: You know, they -- almost to a man they said this is pretty much crazy. One person even -- Lance Berkman, you heard him say, you know, "I could name any name," and even though it's not true, the stigmas is still attached.

They all very strongly backed Roger Clemens and Andy Pettitte -- talking to the Houston Astros, that is. And all were saying, you know, "We're trying to win a game here. We don't believe that this even happened. We've played with them for several years. We don't see any evidence of this."

And so it's a thing now that could become a legal issue. I know Roger Clemens talked about that. If he loses money as a result of this, with some kinds of sponsorship or any of -- you know, any of his...

LIN: Sure.

SMITH: ... things with different advertisers that he works with, he would consider some kind of legal action.

LIN: All right. Larry Smith, thank you.

SMITH: OK.

LIN: In the meantime, teachers learning a lesson out of the classroom. And we mean way out. Check that out. Free-flying fantasy next in the NEWSROOM.

(COMMERCIAL BREAK)

LIN: Well, we've seen astronauts do it. Now science teachers from around the country are getting a rare chance to experience weightlessness. But it's not just for fun. They hope to take the experience back to class.

That's our international desk, in case you can hear them.

Anyway, they're taking it back to class to inspire their students. We went along on a flight near Washington.

(BEGIN VIDEOTAPE)

LINDA FROSCHAUER, WESTON MIDDLE SCHOOL: The concept of gravity is very difficult to take (ph). Students don't comprehend it easily, and by seeing the visuals that they're going to be able to show them they will be able to relate to that.

SOPHIA KIM, PROGRAM MANAGER: We need to inspire the next generation of scientists, engineers, mathematicians, because we are sorely lacking in jobs.

MICHELLE JOHNCOCK, EDMUND BURKE SCHOOL: Here we go, flying team. So zero gravity. We're trying to figure out what its flight path will be.

SHERRY CHEVALLEY, HYBLA VALLEY ELEMENTARY SCHOOL: We usually teach science (INAUDIBLE) from a few hands-on activities, maybe a textbook. But we were able to experience zero gravity, so we can take this information and go back to the classroom, and then it's real.

FROSCHAUER: Imagine all of these people taking that enthusiasm and what they learned today back to their classrooms.

JOHNCOCK: The pig (ph) just floated flew in space. He -- his wings got battered off the roof of it and he kind of just drifted up and around. It's just like us. He had no control over where he was going.

UNIDENTIFIED FEMALE: I think this is absolutely phenomenal and a once-in-a-lifetime experience, and I can't wait to bring it back to my kids.

(END VIDEOTAPE)

LIN: That looks like fun.

All right. A live picture of the Capitol, where things appear quiet tonight, but as you know by now there is a huge controversy brewing. Both Democrats and Republicans having to deal with the question of what to do about this e-mail scandal that started when apparently Congressman Mark Foley was instant messaging and e-mailing underage congressional pages.

The FBI is involved. The speaker of the House has asked the Department of Justice to start a criminal investigation.

Now, we want to get your responses on the air now to our "Last Call" question.

What consequences, if any, should former congressman Mark Foley face?

You didn't have a lot of mercy for the man. Here's what you had to say.

(BEGIN AUDIO CLIP)

CALLER: This is Mary from Minnesota. I believe that, number one, he's to stay out of politics, and I think he should be investigated and watched. And perhaps the humiliation that he's going to have to live with for the rest of his life...

CALLER: My name is John. I'm calling from Austin, Texas. If true, and if it's criminal, prosecute.

CALLER: Ephraim (ph), Miami, Florida. He should face what any scumbag sicko like that should face. Send him to prison and throw away the key and let the inmates know.

CALLER: I'm Rick in Chicago, and I think Mark Foley should be fully investigated. And if need be, he needs to go to jail, as well as Denny Hastert for covering it up and the rest of the Republican leadership. As a Republican, I'm very offended to see this, and I'd like to see those who head the predator here, apparent predator, brought to justice.

(END AUDIO CLIP)

(COMMERCIAL BREAK)

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