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American Morning

The Newly Elected Democratic-Controlled Congress Convenes Today

Aired January 04, 2007 - 07:00   ET

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

SOLEDAD O'BRIEN, CNN ANCHOR, AMERICAN MORNING: Or really this afternoon, because they first session of the 110th Congress will convene at noon. Ten new faces in the Senate; 54 new faces in the House. Now, the power shifts to the Democrats and they will control the majority in the House and Senate for the first time since 1995.
Women making a mark. Two new senators, 10 new representatives are women. Nancy Pelosi is the first woman to become speaker of the House. There are religious firsts to tell you about as well. A Muslim, and two Buddhists are among the lawmakers who will take office today.

We've got complete coverage this morning from the very best political team on TV, we have Senior Political Analyst Candy Crowley, Congressional Correspondents Dana Bash and Andrea Koppel. AMERICAN MORNING's Bob Franken and White House Correspondent Suzanne Malveaux. We'll talk to all of them this morning.

We begin, though, right here on Capitol Hill, with CNN Congressional Correspondent Dana Bash who is with me

You know, we've heard a lot about this first 100 hours, first 100 hours. How exactly is it going to begin?

DANA BASH, CNN CONGRESSIONAL CORRESPONDENT, AMERICAN MORNING: It's actually going to begin before the clock starts, if you can believe that. Welcome to Washington, right, Soledad?

Today, when the Democrats take over the House, the first thing they are going to do is clean their own house. They say the American people said, first and foremost, that corruption and ethics was a big problem. First, they're not going to do legislation but simply change the rules, things like prohibiting traveling on corporate jets, and also making earmarks, or pork barrel projects, making that more transparent. Things like that.

O'BRIEN: So, if a congressperson does that now, all the voters will know.

BASH: Everyone should know.

O'BRIEN: All of us voters will know about it.

BASH: It won't be able to be hidden, that's the plan. When it comes to legislation, the 100-hour clock, which is just on the House side, that starts next week. And here's their plan. They'll start by trying to implement some of the recommendations from the 9/11 commission that haven't gotten done yet.

Then, they're going to try to vote on the minimum wage, raise that to $7.25 an hour. Expand stem cell research, or at least lift the federal funding for that. Try to lower prescription drug costs by allowing the secretary of Health & Human Services to negotiate those prices. Cut the interest rates on student loans. And also, try to end subsidies for oil companies.

You see, it's a big agenda there. They're going to try to do it very, very fast. The 100 hours is 100 legislative hours, but that roughly translates into about two weeks of real time.

O'BRIEN: OK, but realistically, do you see big changes in those two -- I mean, by the end of two weeks, even if it comes out to two and a half weeks legislative hours, do you see big changes at the end that?

BASH: Well, here's the thing to keep in mind. When we're talking about the 100 hours, that's the House of Representatives. There's a whole other body, of course, and that is the U.S. Senate. It's interesting the way they're going to approach their new power, is -- actually, the opposite of how the House Democrats are.

They say, look, the Senate was made to be the world's greatest deliberative body. We're going to take our time. As a matter of fact, the very first thing the Senate is going to do is lobby and ethics reform. The new Senate Majority Leader Harry Reid says, I'm going to put it on the floor and have an old-fashioned debate. That could take up to two weeks. So, the expectations are quite high for the Democrats, but it could take quite a long time for any of this even to get through Congress.

Forget about the whole question of whether or not the president could sign or veto this. Remember, he still has the veto power.

O'BRIEN: It's not exactly a surprise to voters to think it could all take much longer than it's being pitched at first.

BASH: Exactly.

O'BRIEN: Dana Bash, for us this morning. Thank you, Dana.

John.

JOHN ROBERTS, CNN ANCHOR, AMERICAN MORNING: Thanks, Soledad.

So, the Democrats are promising big things, but will they be able to deliver. Is the new government structure a recipe for progress or gridlock? Senior Political Analyst Candy Crowley is here with that side of the story.

You're not optimistic?

CANDY CROWLEY, CNN SR. POLITICAL ANALYST, AMERICAN MORNING: Well, John, you know, there's a lot of fanfare going on. The first 100 hours, lots of optimism. Some people think, of course, that there will be from the House some legislation in this first 100 hours. The question is, where will we be six months from now.

(BEGIN VIDEOTAPE)

REP. DENNIS HASTERT, (R) FMR. SPEAKER OF THE HOUSE: I urge my colleagues --

CROWLEY (voice over): He's out, she's in.

SEN. BILL FRIST, (R-TN) FMR. SENATE MAJORITY LEADER: The next vote will be on --

CROWLEY: He's gone, he's stepping up. So it will look different. And boy, they talk a good game about being different.

REP. LAHM EMMANUEL, (D) ILLINOIS: There's going to be a new direction that we're going to take this country from top to bottom

CROWLEY: All righty, then. Will all but a hardy hi-ho, Silver, Democrats are ascending to majority status with a promise to be nice to Republicans, and get stuff done.

STU ROTHENBERG, ROTHENBERG POLITICAL REPORT: If we're talking about big stuff, fundamental reform, for Social Security or tax policy, that seems very unlikely. At the margins, sure. There are a couple popular Democratic items. But really changing our government and changing policy? That seems like a very hard pull to me.

CROWLEY: Some of the fault lies not in themselves but in the setup. A Republican White House, a Democratic House majority without enough votes to override a veto, a bare majority of Democrats in the Senate, a whole bunch of lawmakers running for president, and not much time.

JACKIE KOSZCZUK, CONGRESSIONAL QUARTERLY: By the time we hit the summer season, the presidential hopefuls, and there are at least a half a dozen of those in the Senate, that campaign will be kicking up in earnest. And anything that might be able to move legislatively is going to be sort of frozen out by the politics of 2008.

CROWLEY: Some things probably will fly; increasing the federal minimum wage, lowering interest rates on student loans. Some 9/11 recommendations look good to go, and woe be to the politician who stands in the way of ethics reform. But Social Security and Medicare reform, or a big change in health care? Not happening.

There's going to be a whole lot of jockeying, a whole lot of moving around the chairs, but whether anything substantive comes forward, I think is doubtful.

REP. NANCY PELOSI, (D-CA) SPEAKER OF THE HOUSE: Because of you, we are making history.

CROWLEY: Incoming House Speaker Nancy Pelosi is kicking off three days of celebration, taking advantage of the spotlight Democrats have craved for 12 years.

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: Thank you all, we just finished our first Cabinet meeting.

CROWLEY: He can't rain on their parade, but the president is not without a microphone.

BUSH: We need to reform Social Security, and Medicare.

CROWLEY: Yeah, well, good luck with that. But specifics were not the point of the president's Rose Garden appearance, or his editorial in "The Wall Street Journal."

AMY WALTER, COOK POLITICAL REPORT: He basically says, hey, I'm happy to work with Democrats. You know, if you agree with me on a lot of these issues, we can work together just fine. Really, trying to put -- push back on Democrats to say, don't expect me to be the punching bag for the next two years.

CROWLEY: Let the jockeying begin and brace yourself for gridlock.

(END VIDEOTAPE)

CROWLEY: Bottom line, look for a sprint at the beginning from the House side. But then, John, it turns into a marathon that may or may not have a finish line.

ROBERTS: Yeah, now, this whole idea, Candy, this 100 hours, Democrats are planning to really shove Republicans to the side here. This legislation is just going to be brought up for four votes, not go through the committee process. Are the Democrats at risk of doing what they complain that the Republicans were doing, just slamming all this legislation through?

CROWLEY: Certainly Republicans were quick to the microphone to say, wait a second here, not only are we not being given any say-so, but we in fact -- there's been no hearings on any of this. It is just throw them on the floor and pass them. And as Dana mentioned, that's what the Senate was born for. They're sort of the, let's slow it down, let's look at this. But, you know, for the time being, what Democrats risk is looking like the very sorts of things that they complained about the Republicans when they were in control.

ROBERTS: Yes, it's all about perception here in the early going, too, isn't it? Candy, thanks very much.

Soledad.

O'BRIEN: Changes coming for the White House, too. The president's national intelligence czar, John Negroponte, is resigning and moving to the State Department. President Bush is working on his Iraq strategy, while he's also challenging the new leaders of Congress to work with him. CNN's Suzanne Malveaux is live at the White House for us this morning.

Good morning to you, Suzanne.

SUZANNE MALVEAUX, CNN WHITE HOUSE CORRESPONDENT, AMERICAN MORNING: Good morning.

Soledad, of course, President Bush is going to try to stay out of the spotlight this morning in deference to Congress' big day. But the president very much aware that there is a new political reality here, that he has to compromise, negotiate, if he expects to get anything done in the next two years. Or he risks being a lame duck president.

President Bush already, we have already seen a change in rhetoric and tone. It is yet to be seen whether he will change in some of the substance of what he is pushing for in his own domestic agenda. We saw President Bush, as well as the House and the Senate leadership, here at the White House last night for a social reception.

Of course, everybody trying to make nice here. But President Bush, very clearly outlined his own domestic agenda after a meeting with his Cabinet. He talked about the importance of balancing the budget, making tax cuts permanent as well as renewing his No Child Left Behind education program. A lot of things that he's putting forward on his plate. And yesterday, President Bush seemed to be willing to cooperate.

(BEGIN VIDEO CLIP)

BUSH: We've all been entrusted with public office at a momentous time in our nation's history. And together we have important things to do. It's time to set aside politics and focus on the future.

(END VIDEO CLIP)

MALVEAUX: Of course, the focus on the future, but the next 100 hours as well, Soledad, the big question here is whether or not the White House and Congress are going to be able to get anything done. The president ultimately does have veto power over some legislative issues. We expect he may use that when it comes to stem cell research.

But the other question, too, the big question, as you know, is his Iraq policy. It seems the president is willing to go his own way against the likes of the Democrats and even some of the Republicans, as well, in possibly, very likely calling for U.S. troop surge. That's a very unpopular idea among those taking power.

O'BRIEN: We should know any day now, really. Suzanne Malveaux at the White House for us this morning. Thanks, Suzanne.

John.

ROBERTS: Happening this morning, newly released video of five security contractors being held hostage in Iraq. The four Americans and one Austrian were kidnapped from Basra on November 16th. In the video all five make statements asking the U.S. to pull its troops out of Iraq, which they say will bring them home safely.

Iraq's government has now detained two security guards who were present at Saddam Hussein's execution. It says one of them actually shot the cell phone video that has been causing so much controversy. The video shows that Hussein was taunted with pro-Shiite slogans before he was hanged. No charges yet, but that could change. More arrests could also be coming.

Police are investigating a deadly bus crash near London's Heathrow Airport. Two people were killed last night when the bus overturned on its way from London to Aberdeen, Scotland. Nine others were seriously injured.

A top aviation official now says that the plane that crashed over Indonesia did not send out a distress signal before disappearing off the radar. Authorities are also losing hope they'll find the wreckage since the emergency beacon onboard loses its signal after a couple of days.

In Colorado, and neighboring states, and all-out blitz to feed livestock trapped by deep snow. National Guard helicopters and planes are dropping hay on remote areas that ranchers can't reach. Thousands head of cattle are still missing and haven't eaten in a week now. States are asking President Bush to declare a federal disaster area.

And in North Carolina, the two Duke lacrosse players cleared of rape charges are being invited back to school. Colin Finnity (ph) and Reed Seligmann were suspended while facing charges of raping a stripper at a team party. They, and another teammate, still face sexual offense and kidnapping charges, though the rape charges have been dropped.

Lawyers for Seligmann and Finnity say their clients were still making up their minds about whether to return -- Soledad.

O'BRIEN: Coming up this morning, stormy weather expected in some parts of the country. Severe Weather Expert Chad Myers will update us on the forecast.

And we're live with one of the new leading men in the House of Representatives. Iraq, ethics, accountability, what's first on his to- do list? All that ahead on this special edition of AMERICAN MORNING live from Washington. We're back in just a moment.

(COMMERCIAL BREAK)

ROBERTS: Developing news this morning. Sources tell CNN President Bush may send 40,000 more troops to Iraq; part of a new war plan that he is expected to announce early next week.

And a miracle in the midst of tragedy in Indonesia; 12 people, including a six-year-old boy, found alive on an offshore oil rig after that ferry accident that killed hundreds. The group swam to safety on life vests and debris.

Coming up now to 15 minutes after the hour. Let's get a quick check of the "Travelers Forecast". Chad Myers in the CNN Weather Center.

(WEATHER REPORT)

When the 110th Congress convenes today, Nancy Pelosi will take charge of the House and South Carolina's James Clyburn will be one of her chief lieutenants, as I mangle your name, sir. He is just he second African-American to become House majority whip, the third ranking Democrat in the House. And Congressman Clyburn joins us.

Nice to see you. Congratulations.

REP. JAMES CLYBURN, (D-SC), INCOMING MAJORITY WHIP: Thank you. Thank you so much for having me.

O'BRIEN: When you take a look at what's made public now, the list of issues that the new Congress is going to tackle in the first 100 hours, you've got the 9/11 recommendations, you've got interest rates on student loans, you've got stem cell research, minimum wage legislation. Some people would say a lot of you guys campaigned on the hard issues like Iraq. How come Iraq's not in that list?

CLYBURN: Basically because we are not going to get out in front of the commander in chief. We have 233 Democrats. We cannot have 233 commanders in chief. We've got one.

What we are going to do is provide the kind of oversight -- you may recall during the campaign, we kept talking about this being a rubber stamp Congress. We're not going to be a rubber stamp Congress. That's going to be the big change. We will provide oversight for Iraq.

O'BRIEN: Let's talk about the 100 hours. You know, the clock doesn't start after you're sworn in -- which will be sometime after noon today. The clock doesn't even start tomorrow when you're actually going to be putting some -- you know, brining in some bills and getting ready to prepare for them.

And actually, just voting on the ethics issue -- and the clock doesn't starts on Monday, either, the clock starts on Tuesday.

CLYBURN: Sure.

O'BRIEN: Why the 100 hours, but not until Tuesday?

CLYBURN: Well, basically because we have to wait until we get into a mode of legislating. We are going to do the rules package today and tomorrow. And when we come back on Tuesday, we'll do the 9/11 Commission. We'll do minimum wage. We'll do stem cells. And we'll do prescription drugs.

O'BRIEN: How come those don't count as 100 hours, though?

CLYBURN: Well, they do. You have to count legislative hours. We aren't going to go with the calendar days, because you would hold Saturdays, Sundays, and Monday, so those hours won't count. These are 100 legislative hours. We start counting them upon our convening the legislature.

O'BRIEN: On Tuesday.

Now, Republicans, as you well know, have complained that this 100 hours thing is essentially bypassing the rules that you're bypassing having serious conversations, and bringing topics to the floor by the minority. And just, you know, pushing things through.

CLYBURN: Yeah. They would say that. But they seem to forget that these are their rules. These are the rules from the 109th Congress that we're trying to improve. So we're all pushing things through. We're putting up the amendments to the rules that they had. And we are phasing in, during the 100-hour period, our program on ethics and civility.

O'BRIEN: Right, phasing in, meaning not necessarily having debate on it.

CLYBURN: And, you know, you've got to chew on it. You can't try to swallow the whole thing at one time. We're going to do this in an orderly way. We aren't mandrakes up here, we're legislators.

O'BRIEN: Let's talk about what President Bush had to say in the op-ed, which was in "The Wall Street Journal".

CLYBURN: Sure.

O'BRIEN: I'm sure you read it, just the other day. He wrote this, he said, "Welcome, congratulations." And then this part, "If the Congress chooses to pass bills that are simply political statements, they will have chosen stalemate."

How do you read that? Is that a warning? Is that a, listen, you put something there I don't like, I'm going to veto it. Period, end of story.

CLYBURN: Well, that's kind of reminding us of what we've been through the 109th Congress, and the 108th, I might add. The president is very familiar with putting up stuff for political purposes. What he's going to find, that we are going to be different. We are taking this country in a new direction. And I think that he's a little bit hesitant about what that new direction is, and he's applying his standards to it. But all we're going to say is, not this time.

O'BRIEN: Talking about a new direction, you are now the highest- ranking African-American in Congress. You are only the second African- American to hold this job.

CLYBURN: Sure.

O'BRIEN: Does that put added pressure on you? Does race sort of -- and all the people now watching --

CLYBURN: Yes.

O'BRIEN: Put added pressure on you as you take the number three spot?

CLYBURN: I think so. And that's exactly why I pursued it. I have three daughters. I have two grandchildren. I want to do everything I possibly can to remove those pressures, so that when they come along, they will not have to abide by them. But let's just hope that I'm up to the task. O'BRIEN: I heard that all of South Carolina is here today to watch you, is that correct?

CLYBURN: Yes. Last night there must have been about 1,000 of them up here.

O'BRIEN: Well, nice to see you, sir.

CLYBURN: Thank you so much for having me.

O'BRIEN: Thank you for having us. Congressman James Clines -- James Clyburn, as I continue to mangle your name!

(LAUGHTER)

Hopefully, a couple of years in I'll get is straight. Nice to see you.

CLYBURN: Very good. Thank you so much.

O'BRIEN: Ahead this morning, in the fast lane, a newcomer moving in on the big three automakers. Ali Velshi is "Minding Your Business" straight ahead this morning.

Plus, what in the world was this? Something crashes through the roof of the house. Nobody knows what it is and where it came from. We'll tell you more straight ahead on AMERICAN MORNING. We're back after this short break.

(COMMERCIAL BREAK)

O'BRIEN: Developing news. Sources tell CNN President Bush could send up to 40,000 more troops into Iraq. Part of a new plan he's expected to announce next week.

And the tape of Crocodile Hunter Steve Irwin's final moments, he was killed by a stingray. That tape is now in his family's hands. Australian officials gave the only copy of that tape to Steve Irwin's widow -- John.

ROBERTS: Let's hope that one doesn't end up on YouTube.

It's a UFO, an unidentified falling object, in New Jersey. The mysterious metallic thing, crashing through the roof of a home in Freehold Township, where weird things are known to happen from time to time.

It's about the size of a golf ball and has a rough surface on it with a metallic glint. Police say they're not exactly sure what it is. The feds have taken a look. They say it didn't come off of an aircraft. Cue the "Twilight Zone" music here.

Toyota crashes the party turning the Big Three now into the Big Four.

(BUSINESS HEADLINES) O'BRIEN: A look at the top stories coming up, including some new developments in the Duke lacrosse sexual assault case.

And more fallout this morning from the cell phone video of Saddam Hussein's Execution. We'll take you live to Baghdad straight ahead when AMERICAN MORNING returns.

(COMMERCIAL BREAK)

O'BRIEN: Developing story: New pictures of the American contractors kidnapped in Iraq. A second tape could be out there, too.

ROBERTS: Change of heart: Two Duke University students accused of assaulting a stripper get a new offer. Is the tide turning in their favor?

O'BRIEN: And grab the reins: The new Congress takes office today. We're going to talk to two new senators who helped put Democrats back in charge, on this special edition of AMERICAN MORNING, coming to you live from Washington, D.C., today.

And good morning. Welcome back, everybody. It is Thursday, January 4th. I'm Soledad O'Brien on Capitol Hill.

It's such a pretty, pretty shot when they take that shot on the capitol. It's a gorgeous day out here today, John. Good morning.

ROBERTS: It really is nice. It is a fabulous day to be outside today. Maybe a little bit breezy, but where you are, that's the place to be, Soledad.

Good morning, I'm John Roberts in our Washington bureau, in for Miles O'Brien this week.

(NEWSBREAK)

O'BRIEN: In Iraq this morning, a second guard is now being held by the Iraqi government, in addition to the man, it says, shot that cell phone video of Saddam Hussein's final moments.

CNN's Arwa Damon is live for us in Baghdad this morning.

Good morning, Arwa.

ARWA DAMON, CNN CORRESPONDENT: Good morning, Soledad.

And the Iraqi government is also saying that it is not to blame for that highly controversial cell phone footage, saying that the blame lies with the individuals who shot the footage and allowed it to be distributed.

(BEGIN VIDEOTAPE)

DAMON (voice-over): These chilling uncensured images of Saddam Hussein's final moments are at the center of an awkward Iraqi government investigation, into itself and all that went wrong with the execution of Saddam. The government has said that it detained two security guards it says could be responsible for filming and distributing these images. The guards are employees of the prison where the execution took place, the former military intelligence headquarters under Saddam, located in Khadmiye, in northern Baghdad. Others might also be detained as the investigation continues.

It was meant to be a day that the government would hail as a success, in fact the day of the execution Iraq's national security adviser, who was present as Saddam fell to his death told CNN.

UNIDENTIFIED MALE: There was absolutely no humiliation to Saddam Hussein when he was alive and after he was executed.

DAMON: But we now know that not to be true. The audio of the last words that Saddam heard -- and other Shia slogans taunting the former dictator, forced the Iraqi government to confront the truth of what happened in the gallows.

And now Iraq's national security adviser is saying this.

MOWAFFAK AL-RUBAIE, IRAQI NATL. SECURITY ADVISER: We are disgusted by this. We are very irritated. We are going to leave no stone unturned.

DAMON: Some government officials believe that the cell phone fallout is being blown out of proportion, vowing the same mistakes will not happen again. But it's already paying the price as pro- Saddam demonstrations gain daily momentum, in what could have been one government promise fulfilled, Saddam brought to justice before the end of the year, is forever stamped as an act of Shia revenge.

(END VIDEOTAPE)

DAMON: And Iraqis are continuing to deal with the daily cycle of violence. Just a few hours ago, 13 Iraqis lost their lives. Another 22 were wounded by twin car bombings. The target of the attack, according to the police, was Iraqis queued up at a gas station -- Soledad.

O'BRIEN: Arwa, let me ask you about the videotape of those five contractors who have been missing for a while now. It's just been released. The good news is, they look well, don't they?

DAMON: That's right, Soledad. In that video that was just released, in fact, it was distributed by the associated press, apparently obtained by a reporter that works for McClatchy newspapers, we do see the contractors appearing to be in good health. Four of them -- at least four of them are seated in that video. They all identify themselves and ask for help.

Now remember, they were abducted on November 16th, four American contractors, one Austrian contractor, at a fake checkpoint in the vicinity of Basra. At that time, the information that we received about the abduction was that it happened at the hands of armed gunmen that were disguising themselves as Iraqi police. Now what we do know is that the kidnappers appear not to have made any specific demands, although we do hear the five abducted contractors asking -- some of them are asking for U.S. forces to leave Iraq, and the specific reasons behind releasing this video right now are still unclear -- Soledad.

O'BRIEN: And of course, there are rumors about a second tape, and I know the State Department, at this point at least, Arwa, is saying no comment.

Arwa Damon for us in Baghdad this morning. Thank you -- John.

ROBERTS: Soledad, thanks. Thirty-five minutes now after the hour.

The 110th Congress convenes today at noon, with Democrats in control of both houses for the first time in 12 years. It's bringing a lot of fresh faces to Capitol Hill today, like two of them who are with me now, Senator-elect Claire McCaskill from Missouri and Senator-elect Jon Tester from Montana, freshmen senators for the Democratic Party, both from the category 'M' as well.

Welcome.

SEN.-ELECT JON TESTER (D), MONTANA: It's good to be here.

ROBERTS: How was your first day on Capitol Hill, I mean, first working day on Capitol Hill so far?

SEN.-ELECT CLAIRE MCCASKILL (D), MISSOURI: Beautiful sunrise. It's a great day to be here. And I think -- I know that all of us that are here for the first time are thrilled at this opportunity.

ROBERTS: All right. Honeymoon's over. Now to the first question.

MCCASKILL: That was quick.

ROBERTS: A wise old gray beard of the Democratic Party, Mario Cuomo, wrote in an op-ed in the "USA Today" yesterday. He said, "So far the Democratic agenda for the 110th Congress, which opens on Thursday, offers a laudable but light list of issues, such as increasing the minimum wage, greater stem cell availability, job training benefits, adopting ethics reforms. I doubt that that kind of agenda would be enough to keep control of the Congress, let alone win the next presidency." He says that the Democrats don't have any big ideas this time around.

TESTER: Well, I think there's a lot of issues that we're going to be dealing with. Those are just the beginning. We're getting our feet wet with those issues. I think we'll be dealing with energy issues, health care issues, the war in Iraq for sure as the session progresses. And I think that there's plenty of opportunity for success. There's a lot of big issues that affect small businesses and working families in this country that we're going to have to deal with. This is just a start.

ROBERTS: Senator McCaskill, on the issue of the Iraq war, the president, in his op-ed, was appealing for bipartisan support for the plan for Iraq. Do you really believe he's after bipartisan support? It seems like for the last three-and-a-half years he's done simply what he wanted to do.

MCCASKILL: It doesn't appear that he has ever really opened up the process of the decision-making in Iraq to beyond a circle of one or two people.

And I think the problem we've got with the surge that he's calling for is that we don't have a mission. How do we put more precious lives in peril without having a clearly defined mission as to what they're actually supposed to be accomplishing there. And until we hear that kind of plan, until we understand what it is they're trying to do, I for one am going to reserve judgment as to whether this is a good idea, and frankly, I'm leaning toward thinking it's a very bad idea.

ROBERTS: So what do you do about it? You could withhold funding for the Iraq War, but I don't think the Democrats want to do that. So if President Bush puts keeps going his own way, does put in place this surge, what can you do to fight back?

TESTER: Well, I think the legislative branch has their obligations as a legislative branch of government, and we need to hold the administration accountable. We need to make sure we get a plan, as Claire said, and analyze that plan and go forth from there, and I think that's going to make the difference.

ROBERTS: The president is also going to deliver the budget beginning of February that makes tax cuts permanent, with the promise that he can balance the budget by 2012. He going to get a fight on that front?

MCCASKILL: I think so. I think we want to try to refocus some of those tax cuts to the middle of America. I think the tax cuts that are in place that help middle America should remain. But we've got to get off this idea that we have enough money to help the oil companies become billionaires, and help multimillionaires and get back to really looking at the kitchen table issues for most of the America, which is the affordability of college, the affordability of health care, and make sure we stimulate our economy by helping the middle, instead of the very, very top of the pile.

ROBERTS: The issue of earmarks, Senator Tester, is a big one. And Harry Reid, when he was campaigning for you, said elect Jon Tester to the Senate, we're going to put him on the Appropriations Committee. He's going to make sure that your money is well spent. You got on six committees, but not appropriations.

TESTER: Well, I think that if you take a look at the committees I do get one, they're great committees and I anticipate I will get on Approps as soon as he can get on Approps. We just...

ROBERTS: Is it imperative for you to get on that committee?

TESTER: I think it's imperative we get on appropriations, I do. And I think long term it's very important.

As far as the earmarks issues go, I think it's about transparency, it really is. I mean, a lot of these earmarks were done late without any scrutiny. That's not how you spend money well, and we're spending the people's money here. We need to scrutinize and make sure it's spent well.

ROBERTS: And, Senator McCaskill, last question to you -- were you concerned at all with this 100-hour agenda that the Democrats have in the House? Because it gives the appearance to some people that the Democrats are acting as the Republicans did before, in not listening to the other side, just driving this legislation through.

MCCASKILL: Well, I know that we're going to have a full committee process in the Senate on all the bills, except ethics, which has been thoroughly vetted over the last year. So I think that's the only bill we're going to move forward without committees. I think we're going to have time to take a hard look at things in the Senate and do the people's business, but we've got and get past the political bickering.

ROBERTS: Well, that's what the Senate does.

Senator Claire McCaskill from Missouri, Senator Jon Tester from Montana, thanks very much.

MCCASKILL: Thank you.

ROBERTS: Welcome to Washington. Sorry the honeymoon only lasted about 30 seconds.

MCCASKILL: I was going to say. It was a short one, but we figured that, right?

TESTER: That's true. Good to be here, John.

MCCASKILL: Appreciate it.

TESTER: Thank you.

ROBERTS: Soledad.

O'BRIEN: They knew what they were getting into. All right, John, thanks.

It's beautiful weather for this important day in Washington, D.C. But heavy rains are in the forecast for a very big part of the country this morning. Our severe weather expert Chad Myers is going to take a look at the forecast straight ahead.

And we've got some new developments to tell you about involving two players charged in the Duke lacrosse sexual assault case. We're live on the campus straight ahead on AMERICAN MORNING. (COMMERCIAL BREAK)

O'BRIEN: Two Duke lacrosse players accused of assaulting an exotic dancer might soon be on campus for the spring semester. It's just another in a string of developments that appear to be going in their favor.

CNN's David Mattingly is live on the Duke campus for us this morning.

Good morning, David.

DAVID MATTINGLY, CNN CORRESPONDENT: Good morning, Soledad.

When classes start next week, two lacrosse players can come back to school if they want to. University officials are calling it an opportunity for the students to resume their academic careers. One of their attorneys is calling it a vindication.

(BEGIN VIDEOTAPE)

MATTINGLY (voice over): Duke University is allowing two lacrosse players accused of sexual offense to return as students in good standing for the spring semester. Colin Finnerty and Reade Seligmann were placed on administrative leave after their indictment for assaulting a stripper at a team party last year, but Duke's president said Wednesday in a statement, "The circumstances in the case have changed substantially, and it is appropriate that the students have an opportunity to continue their education."

Last month, the Durham D.A. dropped rape charges against Finnerty, Seligmann, and a third player, Dave Evans, who graduated in May, after the woman said she couldn't recall details of the alleged attack. An attorney for Colin Finnerty says Duke's offer is a vindication.

WADE SMITH, ATTORNEY FOR COLIN FINNERTY: I think it helps the legal side of the case because I think it's an announcement to the world that this important institution has confidence in these boys. We'd like to have them come back.

MATTINGLY: Wade Smith says his client hasn't decided whether to accept Duke's offer to return.

SMITH: I'm sure that Colin loves Duke and would want to come back at some point, but we'll just have to wait and see. All of the circumstances surrounding this case would bear upon any decision to return. The most important, of course, is the fact that the case is still pending.

MATTINGLY: Finnerty, Seligmann and Evans are still charged with sexual offense and kidnapping, but Durham district attorney Mike Nifong has been heavily criticized for his handling of the case. Nifong was sworn in this week for a second term in office and he says he'll do his talking in court.

(END VIDEOTAPE)

MATTINGLY: Nifong will also have to do some talking to the North Carolina Bar Association. He is being investigated for alleged ethics violations for pretrial comments he has made in this case -- Soledad.

O'BRIEN: David Mattingly for us this morning on Duke's campus. Thanks, David.

(WEATHER REPORT)

ROBERTS: How today's veterans are fighting a new battle of the bulge. Dr. Sanjay Gupta explains.

Plus, what do Americans want from the new Congress? The voice of the people ahead on this special edition of AMERICAN MORNING, live from Washington.

(COMMERCIAL BREAK)

ROBERTS: When it comes to a high risk for developing diabetes, here's a group that you probably haven't considered -- American veterans. It's because about 70 percent of vets are overweight. Now there's a new battle plan to help these sliders.

Dr. Sanjay Gupta joins us live from the CNN Center in Atlanta with another Fit Nation report.

Good morning, Sanjay.

DR. SANJAY GUPTA, CNN CHIEF MEDICAL CORRESPONDENT: Good morning, John.

I hadn't considered it. I was surprised to learn that veterans are among the most overweight and obese in the nation, 70 percent to 75 percent of them actually having problems with that. I thought a lifetime of boot camps and rigorous military training would fend off obesity and overweight. Not the case. But as you mention, there is a group called move at the V.A. Medical Center that's trying to do something about it.

(BEGIN VIDEOTAPE)

UNIDENTIFIED FEMALE: Hi, Mr. Ward. How are you today?

UNIDENTIFIED MALE: I'm fine.

GUPTA: Fine is not a word Earl Ward often heard when he went to the doctor.

UNIDENTIFIED MALE: You should have seen me a few years ago, because I had a big gut.

GUPTA: Because of that gut, he became a diabetic and he suffered from sleep apnea.

UNIDENTIFIED MALE: I wasn't doing much. I used to be very active.

UNIDENTIFIED MALE: Ready? Exercise?

GUPTA: He's one of thousands of veterans across the country signing up for a new fitness and nutrition program at the V.A. called MOVE.

PHYLISS GATEWOOD, MOVE COORDINATOR: The overall goal is to get our veterans to start eating healthier, become more physically active and start focusing on those behaviors so that we can help them manage their weight.

GUPTA: Each vet who visits the doctor at the V.A. and who is overweight gets referred to MOVE. Far from a boot camp, it treats each veteran individually.

EARL WARD, VIETNAM VET: They don't beat me down, as they say, but they do educate, and advise and counsel, and so I participate in any program that they offer.

GUPTA: And the program's paying off.

UNIDENTIFIED FEMALE: Very nice, 118/65. Great. That's doing very well.

GUPTA: Ward's sleep apnea is gone. His cholesterol levels are better, and he's even been able to cut back his diabetes medication.

UNIDENTIFIED FEMALE: Changing your diet has made a lot of things better, even though we've not had as much weight loss as we've wanted.

GUPTA: But if keeps MOVE up, a healthy weight should come eventually.

DR. YVETTE WILLIAMS, VA DOCTOR: I'm looking for sustained weight loss over a long period of time that can fit into your regular routine.

You're doing very well.

WARD: Well, thank you.

(END VIDEOTAPE)

GUPTA: You know, there's a lot of criticism that doctors don't counsel patients enough about how to lose weight and how to prevent obesity as well, John. MOVE is trying to do their part, but it's going to take a while to see if it makes a difference or not.

ROBERTS: And now some of the services are getting involved. I understand the Navy's trying to promote healthy eating habits among sailors now, with a new onboard meal plan?

GUPTA: You know, this is quite a change actually. I was reading about this. As you probably know, John, the mess hall, is sort of the heart of one of these Navy ships. A lot of people congregate there. And too often it was criticized for having too many unhealthy food choices. They've actually revamped the menu. Any particular entree is going to have less than 15 grams of fat, still a lot of fat, but better than before, and they're offering fewer choices, but all of them much healthier than before -- John.

ROBERTS: Now with all the dining facilities in Iraq they do something interesting, the food is still pretty unhealthy, loaded with fat and everything, but they have little signs on there to tell you how much there is in each one so you can at least make the choice.

GUPTA: It reminds you at least. And I think that does make a difference. You see that in fast food restaurants as well, and you're started to see that more stateside as well.

ROBERTS: All right, Sanjay, thank you very much. Appreciate it.

GUPTA: Thanks, John.

ROBERTS: Wake up, coffee drinkers, prices are rising. Ali Velshi is Minding Your Business when AMERICAN MORNING returns, live from Washington.

(COMMERCIAL BREAK)

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