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Robert Gates Questioned by Senate; Training of Iraqi Troops Slower Than Planned; British Investigators Find Stumbling Blocks in Spy Murder>

Aired December 05, 2006 - 13:00   ET

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

KYRA PHILLIPS, CNN ANCHOR: Hello, everyone, I'm Kyra Phillips, live at the CNN world headquarters in Atlanta.
DON LEMON, CNN ANCHOR: And I'm Don Lemon.

He says the U.S. is not winning in Iraq, so what's his answers? Bob Gates is in the hot seat. Will he be our next defense secretary? We'll take you live to the hearing.

PHILLIPS: Stranded, survived and still searching. This Oregon family's holiday drive that turned disastrous. Where is the dad and husband who left his family to get help?

LEMON: And New York City or NYC cutting out the F-A-T, stripping the transfats in the Big Apple. A new ban in all New York restaurants. How will the food taste now?

You're live, in the CNN NEWSROOM.

Q&A on Capitol Hill. Bombs and blood in Baghdad. Defense secretary nominee Robert Gates faces what appears to be an easy path to the Pentagon but a much rougher road afterward.

Gates is appearing today before the Senate Armed Services Committee for his confirmation hearing, with explosive violence in Iraq as a backdrop. He's expected to quickly win confirmation. But can he win the war?

PHILLIPS: Right now, Gates says the U.S. is not winning. That was his response when the question was put to him by a Senate panel at the start of his testimony.

CNN congressional correspondent Andrea Koppel is there -- Andrea.

ANDREA KOPPEL, CNN CORRESPONDENT: Kyra, that's right.

And later in the -- in his testimony and in the questioning by senators, Gates went on to say in response to a question, whether or not the U.S. was winning or whether he thought they were losing, would he agree -- that they weren't win or losing, and he agreed with that.

What we've heard today is a -- according to the senators behind me, a refreshing change of course. They feel -- you're hearing in each statement, they feel that Gates has been candid. He's been forthcoming, surprisingly straight to the point. He's made no -- left little doubt that he sees Iraq as being first and foremost his biggest challenge. He says he's going to Iraq if confirmed as soon as possible to meet with commanders in the field. And he also made very clear that he plans to be an independent secretary of defense.

(BEGIN VIDEO CLIP)

ROBERT GATES, DEFENSE SECRETARY NOMINEE: Senator, I am not giving up the presidency at Texas A&M, the job that I probably enjoyed more than any that I've ever had, making considerable personal financial sacrifice and, frankly, going through this process, to come back to Washington to be a bump on a log and not to say exactly what I think and to speak candidly and frankly, boldly, to people both -- at both ends at Pennsylvania Avenue about what I believe and what I think needs to be done.

(END VIDEO CLIP)

KOPPEL: Gates also said that he is open to a wide range of ideas and proposals. But by the same token, he also said that he didn't think that there were any new ideas out there, and that also speaks to tomorrow's Iraq Study Group release, of which he had been a member until November.

Nevertheless, he also said that he feels that, if he is confirmed, he's going to have to work to resolve this crisis as soon as possible, Kyra, because he says in the next year or two, there could be, if Iraq is not brought under control, the situation there, a conflagration in the Middle East -- Kyra.

PHILLIPS: How about what he said about Iran? I mean, if it's analysts and generals, and a number of political leaders saying, "Look, Iran is a tremendous threat. Iran is the one bringing so many weapons into Iraq right now and fueling this civil war that's taking place.

Bob Gates coming forward, saying, "Look, I'm telling you right now, the president of Iran is lying about his efforts with regard to nukes and how he's involved with what's happening to Iraq." He didn't hold back when it came to Iran.

KOPPEL: No, he absolutely did not. He was unbelievably blunt, as you said. He made no -- no bones about the fact that he believes that the Iranian president and the Iranian government was lying when it said that it wasn't working for nuclear weapons program, rather than, as it maintains, a civilian nuclear program.

And he also expressed tremendous concern that the Iranian influence in Iraq is growing and, should the U.S. Leave before the situation is under control, he believes that not only Iran but Syria, Turkey, Saudi Arabia, all of Iraq's neighbors, could potentially move into that country to protect the various ethnic groups that they're affiliated with.

PHILLIPS: Andrea Koppel, we'll talk about the day, thanks. LEMON: Looking to his neighbors and looking within. That's what Iraq's prime minister is doing to help ease the chaos in his country. Let's get the very latest now from our Ben Wedeman in Baghdad -- Ben.

BEN WEDEMAN, CNN CORRESPONDENT: Yes, Prime Minister Nuri al- Maliki announced today that he wants to hold a national reconciliation conference in the middle of this month. That conference would bring together many -- many of the often mutually hostile parties and groups that are operating here in Iraq.

He said the purpose of this meeting will be to stop the shedding of Iraqi blood. But if Iraqi blood is stopping to be shed, they're going to have to give a greater role to the security forces that police and the army -- and there is some doubt about their ability to do so.

(BEGIN VIDEOTAPE)

WEDEMAN (voice-over): This is how it's supposed to happen: Iraqi soldiers capturing insurgents, wresting peace and stability from the chaos that is Iraq today. But this is just a drill.

More than 3 1/2 years after the U.S.-led invasion, the Iraqi army and police are supposed to be increasingly taking the lead, while American forces provide backup.

LT. COL. CHUCK WEBSTER, U.S. ARMY: And we're here to support you in your checkpoints, if you get attacked or you have suspected terrorist coming through your checkpoints, we're here to support you.

WEDEMAN: But the performance of Iraqi security forces has, at best, been mixed.

The Iraqi police have failed to establish basic order, despite billions of dollars and millions of man hours spent on training. And the police force is widely believed to be infiltrated by insurgents and militias and plagued by widespread corruption.

The army has fared only slightly better, suffering from high levels of desertion and lacking strong leadership.

With many U.S. troops frustrated by what sometimes appears to be a lack of motivation...

LT. COL. ROSS BROWN, U.S. ARMY: You didn't do too much work yesterday. You didn't too much work the day before. They haven't done too much work since they've been here.

WEDEMAN: ... the bipartisan Iraq Study Group and other reviews ongoing in Washington are trying to address these many shortcomings. But it will be an uphill battle in a country where the best laid plans have a way of going terribly wrong.

(END VIDEOTAPE)

WEDEMAN: And, Don, some military analysts believe that the problem really isn't with the security forces themselves. The problem is with the government, which is so divided between rival parties and groups that it simply cannot provide the leadership to bring this situation under control -- Don.

LEMON: Ben Wedeman in Baghdad, thank you.

Let's get to Oregon now. Authorities briefing the media about the search for James Kim. You'll remember, he's the father that's been missing since last weekend. He went on a search for help. His wife and his children were found alive last night. Let's listen in to the undersheriff of the Josephine County and what they just said.

(BEGIN VIDEO CLIP)

UNDERSHERIFF BRIAN ANDERSON, JOSEPHINE COUNTY, OREGON, POLICE: Last night, we put approximately 11 searchers into the Big Windy Creek drainage area. Once they got in, they determined it was unsafe for them to search at night. So they went to ground exactly where they were at and camped for the night until daylight, continued on with the search.

We brought in a group of those searchers from Eugene Mountain Rescue, that specializes in rural remote rescues. They're working that drainage down there this morning.

We also put two rafts on the Rogue River to float down to Black Bear Lodge and check the river along the way. We have approximately four helicopters up in the air. Three of them are from-- have been contracted by the family. We got one from the Jackson County sheriff's office.

We're continuing to put more teams into that area to track. We brought in a specialist for a man tracker that we could put in so we could find his footprints and continue to work that out.

So we're continuing to work it today. If we do not find him today, we'll continue to search tonight, and we'll do it again tomorrow. It is very rugged, remote areas. The teams are having some difficulty due to the terrain and the conditions up there. But we're continuing to work the area.

(END VIDEO CLIP)

LEMON: Again, that was the undersheriff there, talking about the missing man in Oregon. We'll get back to that if we have more information.

Would Robert Gates do differently -- what would he do differently if he's confirmed for the Pentagon's top job? He says all options are on the table. Now, let's explore some of those options as we look live there at the hearings. They're going to lunch and a recess right now.

So let's bring in now Barbara Starr, talking about what he would do differently -- Barbara.

BARBARA STARR, CNN CORRESPONDENT: Hello to you, Don. Yes, the hearing in a lunch recess now. They'll be back in about an hour.

Secretary -- the secretary-nominee, Mr. Gates, was really toeing a sort of middle line this morning, saying that he does want to see changes. He doesn't think the war's working. But as for all options on the table, he pretty much stuck to that line, trying not to be too specific about what he might do, saying he was going to go to Iraq, going to talk to the commanders, making sure that he didn't box himself into any options in particular. Have a listen.

(BEGIN VIDEO CLIP)

GATES: My evaluation of the impact of troop levels and so on, on the situation on Iraq, I think, frankly, is too unformed to be helpful. And that's why one of the first things I would do, if I were confirmed, would be to go to Iraq and sit down and talk to the ground commanders about -- those commanders on the ground, to find out what their views are about these different alternatives that we've been talking about.

I've been talking about, you know, that sort of everything is on the table. But the first thing that I want to find out is what do the commanders think about this? What do they think about these different options? And what do the chiefs think? I'm not smart enough and I'm not well enough informed at this point, I think, to make a useful judgment.

(END VIDEO CLIP)

STARR: But, Don, one of the things Mr. Gates did say, he may not be informed enough to make decisions about options at this point. He did say, however, again, very strikingly, that he thought the U.S. was not winning -- Don.

LEMON: Barbara, senators Warner and Levin are at the microphones right now. Let's take a listen to that.

SEN. JOHN WARNER (R-VA), CHAIRMAN, ARMED SERVICES COMMITTEE: ... thorough hearing. I think we've had an excellent session this morning. And we'll be in consultation with our respective leaders with regard to that vote.

Certainly, judging from what occurred this morning, I think that we can be quite optimistic that this nomination will move forward in an orderly and a careful process, consistent with the long-standing traditions of this committee and the Senate in its role of advise and consent -- Senator.

SEN. CARL LEVIN (D-MI), ARMED SERVICES COMMITTEE: What we heard this morning a welcome breath of honest, candid realism about the situation in Iraq. It's been missing, I'm afraid, up to now, from the administration. And I think that, from what we heard this morning, that Dr. Gates' presence would add a very important new dimension to the consideration and deliberations of the administration as to how to proceed in Iraq.

He gave independent answers. He gave answers which are very different from those which we've heard, including whether we're winning in Iraq, where he simply said no. And including whether the prime minister of Iraq, Mr. Maliki, was correct in saying that the Iraqi politicians have got to reach agreement if the violence is going to end. And he said yes.

He acknowledged a number of specific mistakes in policy, which he believe occurred, including the demobilization of the Iraqi army.

There will be some additional hard questions this afternoon for Dr. Gates, I know, but I must tell you, I was very, very pleased by what we heard this morning, and I think -- I can't speak for other colleagues. I haven't had a chance to talk to them.

But from the body language and from the reaction that I was able to notice and the few comments I did hear, at least on our side of the aisle, I think it was a very positive presentation of Dr. Gates this morning. And it bodes well, both for a speedy confirmation. And I will work with our chairman in any way I can to have a prompt vote on this.

But it also bodes well for the possibility, at least, of a change of direction in the future in Iraq policy in this country.

WARNER: I want to make one further observation. In my opening statement, I pointed out that yesterday I had the privilege of being with the chairman of the joint chiefs of staff. At which time he said, we're not winning and we're not losing. And I think there's a direct parallel between his views and that of the nominee to be secretary of defense.

Furthermore, I stressed in my opening statement and the witness, on his own initiative, reiterated the need to achieve bipartisan consensus. As this nation moves ahead in seeking the conclusion of this matter in Iraq, which is vital, not only to this country, but the whole world, that it be concluded on the basis that Iraq can become an ally in the war on terror.

And for that to be done, I, once again, urge the administration to think carefully, as it concludes its assessment and, most particularly, the president, of the options open and the way ahead.

And hopefully he'll receive the advice and counsel of the nominee, having been sworn in, subject to advice and consent of the Senate, as secretary of defense, and that we can call upon the leadership of the Congress informally, initially, to comment on the president's direction that he's going to announce before he does so to the public.

If we can achieve that, I feel ever so strongly that then we're fulfilling our moral obligation to the men and women of the armed forces, who are being called on every hour, every day, to give their sacrifices to make this situation a strong message against terrorism, for now and for the future, that this country will stand resolute and committed against the war on terrorism.

UNIDENTIFIED MALE: Senator, how important do you think it is that he...

WARNER: Wait, one at a time.

UNIDENTIFIED MALE: How important do you think it is the president follow the recommendations of the Iraq Study Group? And if he chooses not to, at what peril?

WARNER: Well, first, the Iraq Study Group, and I had a modest hand in putting that together with Congressman Wolf and some others. As I said, I think they've done a remarkable bit of work.

First and foremost, they reached a consensus. That is, the Republicans and the Democrats joined hands. And they'll speak with one voice when they come before this committee with regard to their conclusions on Thursday.

Now, I'm -- I'm optimistic. I feel confident that the president and his team will take into consideration that report. And without having it before me, I would not at this point in time single out any one aspect of the report, which I have not seen, but although I have read the reports. And until such time they've had an opportunity to come before this committee, as they will on Thursday morning, I withhold further comment.

UNIDENTIFIED MALE: Senator, you talked about the need to build...

LEVIN: Do you want me to comment?

WARNER: Yes, go ahead.

LEVIN: I would just say the faster the president can hear the kind of candor that we heard this morning about the situation in Iraq, the better. That's one of the many reasons why I hope we can promptly vote on the confirmation of Dr. Gates.

It's not just the study group whose recommendations are welcome, from what we understand. But frankly, I think Dr. Gates' comments were even clearer than what the press reports, in terms of the Iraq Study Group, in terms of the need to not only consider all options, but to change direction in Iraq.

WARNER: Over here somewhere, yes?

UNIDENTIFIED FEMALE: Senator Levin, you've stuck hard and fast to your -- beginning of the redeployment. The dates change just a little bit, but you're hard and fast to the need to set a date to begin to redeploy. Is this a nominee that perhaps today in any way has caused you to re-evaluate that goal?

LEVIN: No, I'm going to give the same kind of short answer he gives. No.

UNIDENTIFIED MALE: Senator Levin...

UNIDENTIFIED FEMALE: Why is that, though? UNIDENTIFIED MALE: ... he said all options are on the table. Yet later on, answering a question from Senator Graham, appeared to indicate he opposed a timetable for beginning to withdraw U.S. forces from Iraq. Are those compatible? And do you actually believe him when he says all options are on the table?

LEVIN: I do believe him. The word "timetable" is more than a beginning point. When you use "timetable" that's a number of points along a continuum, by its very definition. And so I don't think he has precluded the possibility that there would -- we would tell the Iraqis that, at a certain point -- and I would urge four to six months as an opportunity for people to plan -- that they would understand that we're going to begin to reduce our combat presence in Iraq. So I don't view that as incompatible.

I wasn't there for that particular moment in Senator Graham's question and answer. But from the description of it, which perhaps may not be precise, I don't view that as being incompatible. When all options are open, I think that Dr. Gates means what he said.

UNIDENTIFIED MALE: Senator Warner, you talked about the need to build a bipartisan consensus. How long do you think it will be before the U.S. has a new Iraq policy?

WARNER: Well, I would leave that entirely up to the president. But I anticipate, and I draw on what his national security adviser has said recently, it's a matter of weeks, not months. So I'm confident that will be the case.

And I think we've also got to recognize, if we're going to move towards a bipartisan policy. And hopefully the Congress and the executive branch, namely, the president, are together, all of us, perhaps we'll have to give in a bit here and there to make it possible.

UNIDENTIFIED FEMALE: Senator...

LEMON: That was Senator John Warner, who is a chairman of the armed services committee, and also Carl Levin was there, who is the ranking member, Democrat.

Both, really, to sum it up, said they were very positive about Robert Gates and a very speedy -- they said they were optimistic about a speedy and orderly confirmation, both saying that he has been very candid, watching his body language, talking about the changes that need to take place in Iraq. So they're very happy about that.

They're in the middle of a recess right now of these confirmation hearings. And as soon as it happens -- something happens with that, we're monitoring it, and we'll bring it to you.

But again, both men, the ranking member and the chairman, holding a quick little press conference while they're in the middle of a respite and a lunch break for the confirmation hearings for Robert Gates. We're going to move on now and talk about the muddy and unmoved thing that's happening in New York, until a team of tugboats finally yanked it free. The USS Intrepid finally headed for that overdue extreme makeover. Stick around. The CNN NEWSROOM. No life jacket required.

PHILLIPS: No dagger but plenty of cloak in that Russian spy story. The Kremlin clams up as Scotland Yard comes to town to investigate the death of Litvinenko. Espionage junkies stay tuned: the twists keep coming. We'll keep bringing them to you.

(COMMERCIAL BREAK)

PHILLIPS: The plot thickens. British detectives in Moscow investigating the poisoning of a former Russian spy. They've already hit a road block. CNN's Jennifer Eccleston is in London now with the details -- Jennifer.

JENNIFER ECCLESTON, CNN CORRESPONDENT: That's right, Kyra. British police in Moscow have come across some significant challenges in their investigation of the death of ex-KGB spy Alexander Litvinenko.

And despite assurances from the Kremlin that they will cooperate, it seems that that cooperation has limits.

(BEGIN VIDEOTAPE)

ECCLESTON (voice-over): Scotland Yard detectives in Moscow to interview several people who met Alexander Litvinenko around the time of his poisoning in early November.

On the first full day of their investigation, one that British authorities say could take weeks, a major snarl. Despite Kremlin pledges of full support, the country's prosecutor general says Russia will not expedite possible suspects.

YURI CHAIKA, RUSSIAN PROSECUTOR (through translator): If they want to arrest them, it would be impossible. They are citizens of Russia, and the Russian constitution makes that impossible.

ECCLESTON: The Russian prosecutor general adds that anyone who is questioned will be questioned by Russian prosecutors. The British will simply be allowed to listen in.

One of the people investigators are expected to speak to is the former KGB officer turned businessman, Andre Lugovoi. He and another former agent met Litvinenko at London's millennium hotel the day Litvinenko became ill. The Millennium Hotel tested positive for radiation exposure, and Lugovoi claims that he, his wife and children also tested positive. He is currently in a hospital.

Any attempts to link him to Litvinenko's death, he says, is a setup.

According to British media reports, Lugovoi visited the British embassy in Moscow last week to deny any involvement. Today, the embassy was tested for possible contamination.

ANJOUM NORRANI, BRITISH EMBASSY (through translator): A group of experts have arrived in Moscow from London to check the embassy building for radiation. These are just precautionary measures, like those undertaken in several public places in London.

ECCLESTON: A dozen sites in London have now been tested, as well as several airplanes that traveled the Moscow/London route since November 1, when Litvinenko is believed to have been poisoned.

Twenty-two days later, Alexander Litvinenko died in a London hospital, his organs ravaged by a rare radioactive isotope called polonium 210. From his death bed, the ex-spy turned Kremlin critic accused Russian President Vladimir Putin of responsibility for his poisoning, an accusation the Kremlin has denied.

A number of Litvinenko associates continue to blame active and rogue agents within Russia's federal security services, the FSB, Litvinenko's former employer. A former FSB colleague, Mikail Trepashkin, through his lawyer, expressed his eagerness to talk to British investigators, to make the case that Litvinenko was a victim of an FSB death squad set up to liquidate Kremlin opponents.

Trepashkin is currently serving a prison sentence for exposing state secrets. Russia's prison service ruled out any prospects of a meeting between the ex-spy and British investigators.

A prison spokesman said, "Somebody sentenced for disclosing state secrets will not continue to be a source for foreign states."

There may be limits to the Kremlin's pledge of full support.

(END VIDEOTAPE)

ECCLESTON: And it appears to be an inauspicious start to an investigation in trying to determine who poisoned Mr. Litvinenko, how did they do it and why -- Kyra.

PHILLIPS: So Jen, what's the next step in this investigation? And how political do you think this investigation is turning?

ECCLESTON: Well, clearly, what the British authorities, the British police in Moscow would like to see is the presentation of the presumed list of witnesses that they'd like to talk to. They'd like to be able to get in front of them and speak to them themselves.

But as the package indicated, that might be -- that might be very difficult to do, as the chief prosecutor said that it is only the Russians who will be able to interview the potential witnesses, and the British police would only be there as observers.

Clearly, this is not ideal. Clearly, this is something that they did not expect before they left there.

And as for the politicalization of this whole thing, well, it started a couple of days ago. And it really has been playing out amongst the two country's media. There's been speculation of the Kremlin being involved, of ex-agents, rogue agents and even current agents of the FSB, the federal security services.

And this has created something of an ill will between the two countries. But both really are playing it down. They say they are efforting to cooperate in this investigation, but it's hard to see what's really going on behind closed doors -- Kyra.

PHILLIPS: Jennifer Eccleston, live from London. And next hour, we're actually going to hear from Litvinenko's father. He talked exclusively to CNN.

LEMON: Nearly corralled. What happens next? Well, it all depends on the winds. So far, more than 13,000 acres have burned north of Los Angeles.

CNN's Peter Viles join us from Moorpark, the heart of this latest firefight -- Peter.

PETER VILES, CNN CORRESPONDENT: Well, Don, firefighters have had a real good 24 hours -- the last 24 hours, they've been winning the battle here. They've got this thing 80 percent contained. That's a huge improvement over the weekend.

But the weather today looks a little bit dicey. It's going to be extremely dry, almost no moisture in the air. And the wind is going to freshen. They expect wind gusts of up to 40 miles an hour.

Still, firefighters believe they have the upper hand and can take the initiative against this fire. And they say if they have a good day today, it is very likely they'll have this thing 100 percent contained tonight.

(BEGIN VIDEOTAPE)

VILES (voice-over): The lethal Santa Ana winds eased up a bit on Monday, giving firefighters an opening, and they took advantage, making major progress to knock down the wildfire burning in Moorpark, California.

MIKE MOHLER, CALIF. DEPT. OF FORESTRY: So when we have a break in the weather like this, we can put crews ahead of that fire and really get a lot of line constructed.

VILES: A small army of 1,700 firefighter was battling the blaze, which flared up early Sunday morning, and has now blackened nearly 14,000 acres. Fueled by Santa Ana Winds that gusted up to 70 miles per hour, the fire destroyed five houses, damaged another five, and took a serious toll on an avocado orchard.

MIKE PLATTER, AVOCADO FARM OWNER: My world is upside down right now. Half of the trees are known to be lost, and the other half will probably succumb within the next 60 to 90 days.

VILES: No serious injuries have been reported. But every firefighter on the line knows the terrible risks of fighting wildfires in this region. Five firefighters were killed in October, fighting a blaze in the desert west of Los Angeles.

(END VIDEOTAPE)

VILES: Now, because of the progress firefighters have made in the last 24 hours, they've reopened most of the roads up here. People have been allowed to return to their homes. Fire officials say that no homes right now face an eminent threat from this fire. That's the good news. Here's the not-so-good news. It is so dry right now, the air's so dry and the wind's so dry, that fire officials have extended by two days the red-flag warning, the fire-danger warning, if you will. So what they're essentially saying is, yes, we've got this one under control, but it's so dry there's a possibility another wildfire could break out up here -- Don.

LEMON: This is -- Peter, it should at least be the end of the fire season. It's going on a little bit longer, isn't it?

VILES: Should be. We haven't had superhot weather, but it's been hotter than average. But the two things we have it's extremely dry. Usually we're heading into wetter weather. We haven't had any moisture up here. Less than a tenth of an inch of rain here in the past three months in this area. So it's bone dry up here. And the Santa Ana Winds, which usually peter out after November, they have continued, these dry winds. One fire official told us, it's like a giant blow dryer. They're just so dry. Even if we did get some rain, these winds would dry it out right away. So it's a little late in the year to get it, but we're certainly getting it.

LEMON: Peter Viles in Moorpark, California. Thank you, sir.

PHILLIPS: Muddy and unmoved, until a team of tug boats finally yanked it free. The USS Intrepid finally heading for that overdue extreme makeover. Stick around. We'll see you in the NEWSROOM.

(COMMERCIAL BREAK)

LEMON: Revisiting our top story today, defense secretary nominee Robert Gates appearing before a Senate panel for his confirmation hearing, and giving a blunt answer to a blunt question.

SEN. CARL LEVIN (D), MICHIGAN: Do you believe that we are currently winning in Iraq?

ROBERT GATES, DEFENSE SECY. NOMINEE: No, sir.

(END VIDEO CLIP)

LEMON: Now Gates later said the U.S. isn't losing either. But he says the status quo in Iraq is not acceptable. President Bush's pick to replace Donald Rumsfeld appears headed for an easy confirmation, but he's facing a tougher war, made even tougher by past decisions.

(BEGIN VIDEO CLIP)

GATES: In fact, in hindsight, some of the folks in the administration Probably would not make the same decisions that they made, and I think one of those is that they're clearly were insufficient troops in Iraq after the initial invasion to establish control over the country.

(END VIDEO CLIP)

PHILLIPS: Changes at the Pentagon could mean big changes in Iraq. Robert Gates says that all options are on the table, and those options may grow tomorrow when the Iraq study group releases its report. President Bush is already getting a preview. Our Suzanne Malveaux is at the White House.

Hey, Suzanne.

SUZANNE MALVEAUX, CNN WHITE HOUSE CORRESPONDENT: Hey, Kyra.

Well, actually, James Baker is here at the White House. He's having lunch with the president, and of course he's head of the Iraq Study Group. We're told he's getting a general direction of the report, not the details. He's also being described the process of how they came to this consensus.

Now, the Press Secretary Tony Snow was asked about this, whether or not this was the cushion before the blow. Tony Snow said no, that's not the case. For those who believe this is going to be a battle royale, they're going to be deeply disappointed, in his words, saying, look this is not the Baker/Hamilton get out of Iraq commission. And so they are really trying to downplay, lower expectations about what's going to happen tomorrow.

Tomorrow morning, 7:00, is when all 10 members of this Iraq study group will present this 100-page report to the president. Following that, for about an hour or so, President Bush will come before the microphones, simply thanking those involved, promising to take a look at this.

But again, Kyra, White House officials saying do not expect any endorsements or any grand ideas tomorrow, that it will take weeks before the president makes any kind of decision.

(BEGIN VIDEO CLIP)

TONY SNOW, WHITE HOUSE PRESS SECY.: I don't know that there is some sort of magic change in direction. I think what you have is the president's soliciting the best views on how to move forward within the parameters of working with the Iraqis.

(END VIDEO CLIP)

MALVEAUX: And, Kyra, the White House, very sensitive on this point, because basically what they're trying to convoy is that, look, he's going to listen to all these points of view, these recommendations that he's been given, but at the same time, they don't want it to appear that the president, in one official's words, is outsourcing foreign policy to this particular group -- Kyra. PHILLIPS: Well, I think that a number of people are talking about that, Suzanne, and you tell me what the word is there at the White House, is how much this study or this study group will play a part in Bob Gates' decision making, if, indeed, he is confirmed. Because so far we've seen through his hearings, he's got opinions and ideas and he wants to talk to commanders on the ground. It doesn't sound like he wants a lot of paper pushed in his face.

MALVEAUX: Well, yes, I mean, it's going to be very interesting to see how that whole thing plays out, because obviously the White House, this Iraq Study Group and Gates are all going to have to work together on this.

What White House officials essentially are going to do with this report is cherry-pick. They're going to find what the president appreciates, what he actually endorses. It is not going to be a big surprise, we are told. And so at the same time, he's obviously going to take credit for the decisions he makes. So he's going to take his own counsel here at the White House, what the Pentagon says, as well as this report. But ultimately, it's going to be the president's decision, and they say that he essentially is sticking with the mission.

PHILLIPS: Suzanne Malveaux, live at the White House. Let me get it out. Because I wanted to say happy birthday as well, Suzanne.

MALVEAUX: Ah, thanks, Kyra.

PHILLIPS: All right, there we go, I got her. We'll see you in a little bit.

LEMON: Aw, that was very nice. Happy birthday to Suzanne.

While the Iraq Study Group is at lunch, we're going to talk about food -- specifically transfats. They get a Bronx cheer in the Big Apple. New York City becomes the first in the nation to nix a nutritional nightmare. We'll chew on the slippery issue, next in the CNN NEWSROOM.

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PHILLIPS: So what's going to happen the next time a New Yorker orders a slice or a corn beef sandwich? It just might be a little healthier. The New York City Board of Health decided today to order the city's 24,000 restaurants to stop using transfats.

Judy Fortin here to explain what transfats are and why they're so bad for us.

JUDY FORTIN, CNN CORRESPONDENT: This is one of those stories that will really make you think about what you're having for lunch, Kyra. Unhealthy, artificial transfats are found everywhere from the crust at the local pizzeria to high-end restaurants that serve breads, pastries and deserts.

Foods that are fried or baked often include partially hydrogenated vegetable oil. It's a common form of transfat. It's also a common ingredient found in many processed foods, adding flavor that we love and helping to preserve shelf-life.

It's important to mention, that a small amount of transfat is found naturally in some animal-based foods like high-fat dairy. Now as transfat is removed from the cooking process, it's being replaced by other healthier oils like Canola and Safflower.

New York City's Department of Health estimates the average American consumes 6 grams of transfat a day or almost 5 pounds a year. Transfat is bad for your heart because it raises your bad cholesterol and it lowers your good cholesterol, putting you at higher risk for heart disease and stroke.

Doctors estimate there are 50,000 premature deaths each year linked to eating transfat. A Harvard nutrition expert claims, quote, if New Yorkers replaced all sources of artificial transfat, at least 500 deaths from heart disease would be prevented each year in New York City. That's more than the number killed annually in motor vehicle crashes. Something to think about as we get ready for lunch or dinner.

PHILLIPS: Wow. Well, some food chains have already done this though right?

FORTIN: They have, and it's been in the news quite a bit. In fact, back in August, you may remember that Wendy's introduced a plan to cut transfat from the menu. KFC and Taco Bell have made similar announcements. McDonald's, we understand, is experimenting with healthier oil blends, but has not made any formal announcement. Earlier this year, after the FDA began requiring transfat content be listed on labels, many food companies have stopped using the ingredient, too. And you probably have already noticed that when you go shopping in the supermarket.

PHILLIPS: Yes, you do notice that. What about other cities? Could the ban take place elsewhere?

FORTIN: Absolutely. It's already starting in Chicago, we understand. Officials there are considering a measure that would severely restrict the amount of transfat used in large restaurants.

Other efforts are being talked about in Washington, D.C., Boston, Louisville and New Jersey. So perhaps a trend is starting after New York.

PHILLIPS: All right, reality check. Does it really change the taste of the food?

FORTIN: Some people say that it does. All that creamy texture that you love in your cookies and the flaky pie crust and the crunchy pizza crust that you love may be compromised. But other people say no. In fact, we spoke with a dietitian earlier who said it's really the cost factor. How much is it going to cost the food industry to make all these changes? That's to be determined.

PHILLIPS: Well, if it tastes the same, than it's better for us.

FORTIN: Absolutely.

PHILLIPS: OK, thanks Judy.

FORTIN: You're welcome.

LEMON: Judy Fortin, making me hungry up here, talking about all that good food. Thank you for that.

Do you live in the healthiest state in America? Well, hear who does, next. And we're also waiting for the Senate confirmation hearings to resume for Defense Secretary nominee Robert Gates. As soon as the hearings get back under way, we'll go back to Capitol Hill for more live coverage of that. Don't go anywhere you're in the CNN NEWSROOM.

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LEMON: Well they're certainly doing something right in Minnesota. For the fourth straight year, that state tops the foundation's list as the healthiest state in the U.S. Vermont and New Hampshire are second and third. Nonprofit United Health Foundation points to things like personal behaviors, environment, quality of medical care, as well as low rates of uninsured and children in poverty.

America as a whole is slightly healthier than last year. But, where there is a top of the list, there certainly is a bottom of the list. Louisiana is listed as least healthy, just above Mississippi and South Carolina.

PHILLIPS: Well, lots of us were overweight as kids, right? Well back then, weight control meant cutting out the Twinkies and running around the block one or more times. But now in another sign of the changing times, well a 12-year-old Texas girl has undergone extensive liposuction to lose weight.

A doctor removed 35 pounds of fat from Brooke Bates. Just to compare, when adults get lipo, they generally lose less than 10 pounds of fat. Brooke, now 13, says she got the idea from TV makeover shows. She and her family defend their heavy decision.

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BROOKE BATES, UNDERWENT LIPOSUCTION: It hurts when kids look at you different and kids talk about you and then the little whispers and stuff. It hurts.

CINDY BATES, BROOKE'S MOTHER: I think that we spent a lot of time dieting, exercising, a lot of tears. And it was all over in just a few short months.

(END VIDEO CLIP) PHILLIPS: Well, a flood of criticism on this from the medical community. Said one doctor, quote, "liposuction is not an accepted treatment for obesity."

LEMON: They stood their ground with garden hoses until the wind picked up.

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UNIDENTIFIED MALE: The fire department responded within two minutes. And it was like the cavalry coming over the hill with the helicopters.

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LEMON: Firefighters go all out to save hundreds of California homes from a raging wildfire. The scorching details next right here in the CNN NEWSROOM.

PHILLIPS: He's the president's man, will the Senate agree? Stay in the NEWSROOM for continuing coverage of the confirmation hearing for Robert Gates.

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