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Icy Blast; Faith & Fury; How Much Time For Vick?; Gerri's Top Tips

Aired December 10, 2007 - 10:00   ET

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

HEIDI COLLINS, CNN ANCHOR: Dog fighting case in depth.
And two shootings. One gunmen. Colorado police get ready to update today, Monday, December the 10th. You are in the CNN NEWSROOM.

Getting up this morning to an icy mess. Drivers, homeowners, firefighters all feeling the effects of an ice storm heading from the Plains to the Northeast. An early morning fire at a high school in Jones, Oklahoma, causing more problems than usual for fire crews. The storm knocked out power. So that means hydrants and sprinklers aren't working. More than 130,000 customers in Oklahoma, Missouri, Illinois, and Kansas are now without electricity. This morning's commute also expected to be tough in some areas because of slick roads. At least 10 people have died in traffic accidents in Oklahoma.

And if you're flying, get ready to wait. More than 400 flights canceled at Chicago's O'Hare Airport. Blame it on bad weather and poor visibility. The ice storm is affecting millions of people across the country. Meteorologist Jacqui Jeras is joining us now live from the severe weather center.

Jacqui, I know you've had your eye on this for a while now.

JACQUI JERAS, CNN METEOROLOGIST: Oh, yes, it's been a problem all weekend long and it's going to continue to be a problem for days to come. One of the cities we're very concerned about at this hour is Oklahoma City. You've had about a third of an inch of ice already. And we're anticipating you could see as much as three-quarters of an inch total.

There's a live picture from KOCO TV. And notice the sleet on the side roads. Look at how slow that traffic is moving along. And you can see a bridge there, an overpass. Keep in mind that those will freeze first and will likely be the most treacherous for you. If you don't have to travel today, I wouldn't do it in Oklahoma City. An ice storm warning is in effect until 6:00 a.m. tomorrow morning.

Now things are going to be getting worse there in Oklahoma City. Take a look at all this heavy, freezing rain which is just pushing on through on up to the north right now. So the next few hours in particular are going to be really bad before the precip starts to break up and become a little bit more spotty.

The I-44 corridor really from outside of Oklahoma City through Tulsa on up into Joplin, into Springfield, Missouri, has been seeing anywhere between an inch to three inches of freezing rain. Freezing rain, remember, it comes down as liquid and then freezes when it makes contact with inanimate objects, like your car, like the power lines, like the tree branches.

So here are your ice storm warnings. And notice some cities farther up to the north are starting to get in on this action. Well, here's what's going to be happening. Got a stationary boundary down to the south here right now and that warm air overrides the cold air. So that's why we're getting the ice.

Now through the night tonight we're going to watch this start to drift farther on up to the north and we're going to see Oklahoma City, Joplin, Springfield, turn to all rain, but the ice really kicking in from say Kansas City on up towards the quad cities. And Chicago will likely even get in on some of this late tonight and into tomorrow. So some more big cities. Really going to be a mess, we think, for the next 24 hours.

Heidi.

COLLINS: Yes, it looks just awful. All right, Jacqui, thank you.

Stranded by an ice storm. Though it may be sunny where you are, tips for airline passengers shaken up by the ripple effect. Those tips are coming up in just a couple of minutes.

Meanwhile, faith and fury in Colorado. Four worshipers killed in two shooting sprees. One in Colorado Springs, the other near Denver, Arvada. Did a lone gunman carry out both attacks? A morning news conference may provide some answers to those questions. CNN's Ed Lavandera is standing by in Colorado Springs now with more information this morning.

Good morning to you, Ed.

ED LAVANDERA, CNN CORRESPONDENT: Good morning, Heidi.

Well, police officials here in Colorado say they have reason to believe these shootings might be connected, but they're not saying that definitely just yet. They have planned a press conference for later today to update the latest information.

The church here, New Life Church, in Colorado Springs, a huge church, some 10,000 members, was the site of the second shooting yesterday where two people were killed. Almost 13 hours before that, in early Sunday morning, a man had walked into the Youth Mission Center there in the town of Arvada and this young man had asked tor a place to spend the night. He was turned away. And because of that he came back and started shooting, killing two people there.

Now witnesses at both shooting locations describe the gunman as having similar appearances. However, the guns used in both incidents were different. A handgun in the Arvada case and a rifle here in Colorado Springs. Because of that, authorities here still say at this point that they still have more information to gather to say definitively whether or not this was the same gunman. (BEGIN VIDEO CLIP)

CHIEF RICHARD MYERS, COLORADO SPRINGS POLICE: We are working directly with the Arvada Police Department to explore if there is any possible link to the incident that they had. Colorado Springs Police are requesting that any witnesses to this incident who were here today that have not already directly been interviewed by an investigator, to please contact us.

(END VIDEO CLIP)

LAVANDERA: And we do know that both police departments are what they have describe as comparing notes in these cases to see if, indeed, they are dealing with the same person. That gunman was killed here by a female security guard inside the sanctuary of the church here in Colorado Springs. And also overnight there was a search warrant served in the town of Englewood, which is another suburb of Denver, about 80 miles north of where we are. And officials here aren't saying much about that situation, but we are led to believe that it is in some way tied into one of these investigations. Not sure if it's the shooting in Arvada or the shooting here in Colorado Springs where indeed it could all turn out to be the same case.

Heidi.

COLLINS: Wow. A lot of twists and turns in this one understandably so. And I know that you're following it very closely. Thank you for that.

Ed Lavandera live from Colorado Springs this morning.

Meanwhile, that news conference that we've been talking about is scheduled for one hour from now at 11:00 Eastern. You can see it live on our website, cnn.com.

Michael Vick in court right now. Sentencing for the suspended NFL star in his federal dogfighting case. CNN's Larry Smith is at the courthouse now in Richmond, Virginia.

Larry, good morning to you again.

LARRY SMITH, CNN CORRESPONDENT: Well, good morning to you, Heidi.

Well, these streets are clear right now in terms of all the media and everyone trying to get inside the courtroom. They are now inside along with, we presume it has now begun, Michael Vick, scheduled to be getting, as you mentioned, at the top of the hour. Still about 70 protesters outside, though. Many of them anti-Vick, trying to get their message across as the Atlanta Falcons quarterback and former two-time pro bowl quarterback learns his fate today on how long he will serve behind bars on this felony dogfighting charge. Keep in mind, he still has two state charge that is will come up for a jury trial in April of 2008.

Michael Vick -- how long will he serve? Well, the sentencing guidelines say 12 to 18 months. However, two of his three co- defendants received sentences that far exceed their recommendations. Eighteen months and 21 months respectively for those two. Keep in mind, also, that Michael Vick, while he did enter a plea agreement in August, he violated that agreement in September when he tested positive for marijuana. That is a no-no under that.

Also, this psychiatric report that was filed by the defense last week and it was then passed to the judge was asked to seal the contents. That will also come into play today. What effect that will have on his sentencing, we don't know. We do know that it's supposed to last two to four hours, but we were told just a few moments ago that it's not expected to be that long. This could wrap up by the noon hour Eastern Time.

Heidi.

COLLINS: All right. Larry Smith watching the story for us out of Richmond, Virginia. Thank you for that, Larry.

Michael Vick about to learn how long he will be in prison for that federal dogfighting conviction. What will a judge consider this morning? Important questions. CNN's senior legal analyst Jeffrey Toobin has been watching this story for quite some time now as well. He joins us now to answer a few more questions about what we are going to see today.

Jeffrey, nice to see you here.

JEFFREY TOOBIN, CNN CORRESPONDENT: Hello Heidi C.

COLLINS: What happened this morning more Michael Vick? We know he's going to go before the judge and his friends and family will testify. What about the judge's decision? How much of all of this will really come into play here?

TOOBIN: Well, things have changed in federal sentencing in recent years. It used to be that the judges were completely bound by the federal sentencing guidelines, which in this case call for 12 to 18 months. Since a series of Supreme Court decisions about three years ago, federal judges now are suggested to follow the federal sentencing guidelines, but they don't have to. So the judge has a lot of discretion here. Anything from probation up to five years.

Most of the time the judges still do follow the guidelines, but that's maybe one reason why the defense is planning a fairly extensive presentation here in court today. Usually in federal court, there is not much evidence presented. Usually the defendant's lawyer, the defendant himself might say something, but the actual calling of witnesses is very unusual.

COLLINS: Yes, not much room for interpretation or subjectivity, if you will.

Does the fact that he showed up early for jail help his case at all? Like do you get points for that? TOOBIN: Well, I think it does to a small extent. It shows that Vick is not going to play games with the court the way some defendants do trying to extend the surrender time as much as possible. He's showing a measure of contrition, showing that he acknowledges he's going to have to go to prison and is willing to take his medicine. I don't think it's a big factor, but certainly it will be something in Vick's favor.

COLLINS: Now, what about violating his plea agreement? This whole marijuana charge last September. Is that going to play a role?

TOOBIN: Not good. Not good for him. I mean it's obviously not the same thing as committing the same kind of crime. Again, obviously, the judge would feel much more strongly about -- if Vick somehow got involved in dogfighting. Marijuana is not a crime of that magnitude, but it's certainly a bad thing. And especially when you're under probation, under this extreme kind of scrutiny, getting drug tests and to fail one, it's a bad thing for him.

COLLINS: Real quickly, Jeff, he still faces the state charges as well. When are we going to see those play out?

TOOBIN: Well, the trial is scheduled for April, and that is a very bad situation for Vick because double jeopardy does not protect him in this case and the local state prosecutor there thinks that he can only gain popularity by taking on Vick in this extremely unpopular kind of activity, dogfighting. So Vick could be in some more big trouble.

COLLINS: All right. So that wraps up the whole Vick thing that we are going to be watching all day long here.

But I want to ask you about something else that has just come down from the Supreme Court that I'm sure you're aware of. The Supreme Court has ruled that judges may impose shorter prison sentences in crack cocaine cases. And to be more specific here, we're talking about the difference in sentencing when you have crack cocaine versus cocaine powder. Break this down a little bit for us, would you, Jeff?

TOOBIN: Well, this has actually been a very racially charged controversy for quite a few years. Since the federal sentencing guidelines came into effect in 1986, crack cocaine has been penalized a lot more harshly than powdered cocaine. And crack cocaine is much more common in African-American communities and many civil rights activists have said this is discrimination since it's essentially the same chemical material.

What the Supreme Court has done here, similar to the sentencing guidelines situation we're talking about with Vick, is they've basically put it more on the federal judges' individual discretion. That the district court judges will now have greater flexibility to try to equalize the powder and crack sentencing, but they haven't gone all the way and said, this is a racially discriminatory situation and judges have to sentence equally. So they've basically said federal trial judges have a lot more discretion to try to do what they think is the right thing.

COLLINS: OK. All right. CNN's Jeffrey Toobin. Thanks for being here on all of these legal stories for us today. Appreciate that.

TOOBIN: See you later.

COLLINS: Called out on the carpet now. CIA Director Michael Hayden will testify before the Senate Intelligence Committee. That will happen tomorrow. The panel wants to know why the CIA destroyed videotapes of al Qaeda operatives being interrogated. The tapes from 2002 were destroyed in 2005 when Porter Goss headed the agency. Hayden says it was all within the law. The committee chairman is skeptical.

(BEGIN VIDEO CLIP)

SEN. JAY ROCKEFELLER, (D) INTELLIGENCE CHAIRMAN: If they started doing this taping in 2002 and then stopped doing it in 2002, that raises a rather large question. Why did they stop? Was there a reason for it? Were they confirming to attorney general guidelines? Were they trying to bypass the Congress? I mean, the history, unfortunately, in the last seven years, the relationship between the administration and the intelligence community has been -- they have been trying to stop us from doing every single thing.

(END VIDEO CLIP)

COLLINS: Democratic presidential candidate Senator Joe Biden is calling for an independent inquiry. He wants a special prosecutor to look into the tape's destruction.

Al Gore on the world stage this morning accepting the Nobel Peace Prize in Oslo, Norway, sharing it with a U.N. panel on climate change. The former vice president was honored for sounding the alarm on global warming. He used the forum to scold the United States and China for dragging their feet on the issue and fire up his warning of global calamity.

(BEGIN VIDEO CLIP)

AL GORE, NOBEL PEACE PRIZE WINNER: We, the human species, are confronting a planetary emergency, a threat to the survival of our civilization that is gathering ominous and destructive potential even as we gather here. But there is hopeful news as well. We have the ability to solve this crisis and avoid the worst, though not all, of its consequences if we act boldly, decisively, and quickly.

(END VIDEO CLIP)

COLLINS: Stick around this morning for an hour-long special on the Nobel Peace Prize. Our Jonathan Mann will be talking with Al Gore. It all begins 11:00 a.m. Eastern right here on CNN. And if you can't be in front of a television for the interview, you can watch it live on cnn.com.

A holiday tradition in trouble. Will there be no toys for some tots this year?

(COMMERCIAL BREAK)

COLLINS: You are in the CNN NEWSROOM. Hi there, everybody. I'm Heidi Collins.

Children at risk from Christmas tree lights?

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: I wouldn't needlessly expose them to a lead- based hazard that could have significant and life long consequences for that child's cognitive capacity or their attention or other health problems.

(END VIDEO CLIP)

COLLINS: Oh, my gosh. What now? We put the leaded cord coding to the tests.

(COMMERCIAL BREAK)

COLLINS: So we've been telling you all morning long about this massive ice storm that's sort of spreading its way across the country. And right in the heart of the country you find this, Oklahoma City. Wow. They are crawling, aren't they? You can see the slick roads from this shot coming in from our affiliate there KOCO TV. If you are having to be out in that, I hope it's for a really good reason because it is nasty, nasty driving. We have been reporting this morning at least 10 people have died in the state of Oklahoma due to traffic accidents. So please, please be careful out there today.

Meanwhile, a Midwest ice storm that we've been talking about is also causing troubles for travelers in the skies and in other areas across the country as we are used to seeing. Ben Mutzabaugh is an air travel correspondent and columnist for "USA Today." He is joining us now.

And, boy, Ben, I hope that you have some really good tips here because it is looking awful out there. Talk to us a little bit about these delays. Because we know it's icy, is it just guaranteed that flights are going to be delayed.

BEN MUTZABAUGH, "USA TODAY": Well, you should go in with the expectation that things are not going to be running as normal. So that can be anything from a short delay to the worst case scenario, that your flight is canceled and they don't know when they can start flying again. So the first thing you should do, the best advice is, check before you go to the airport. Just go online, see what they have listed. But if it says on time, don't expect that to hold true.

COLLINS: Yes, see, now here's my beef. I'm sorry to interrupt and I think it's a great idea to check before you go, but do they ever really post the delays before anyone wants to risk being that late to the airport. Because, from my experience anyway, and I try to be there early, get through the security and everything is always on time until about 15, 20 minutes prior to scheduled takeoff time.

MUTZABAUGH: It's good if your flight is canceled. That information often does make it on to the online site early enough. But, you're right, it's far from a foolproof guarantee. Some times it will list it. But the risk of that, too, is that your flight then -- they take off earlier than they think they were going to. And if you're not there because you saw it's a two-hour delay and it ends up being a one-hour delay, you still miss your flight.

But here, especially if you've seen some of those pictures from Oklahoma City and if you're flying to one of those city that you know is impacted, one of the things to do, check your airline, American, United, Southwest, whoever you're flying to those areas, a lot of times they'll offer a flexible rebooking policy once the weather gets this bad. And, in short, that allows you to make one change free of charge provided that you're flying to an affected airport. And if you're going to one of those really hard-hit cities, that's definitely something that's worth exploring.

But if you do find yourself at the airport, your flight's delayed, canceled, you have to make alternate arrangements, obviously you want to go back to the counter, find a line, but also get on your cell phone or a pay phone if your cell phone is out of battery and call the 1-800 number. Make sure you have your airline's 1-800 number. Call the reservations desk if you need help because they can help you just as well as the people at the counter can. And a lot of times that line will be a lot shorter.

COLLINS: Yes, I have actually tried that before. It does work a little better.

What about some other options? You should really know and kind of have a plan if you see weather like we've been showing this morning and you know you have to travel.

MUTZABAUGH: Absolutely. The more information you know for yourself, the better you'll be able to help the counter agent help you. They're in a rush. You see the lines they have to deal with. And same goes for the phone people. You see what they have to deal with.

So as much information as you can get them. Know other flights that will help you get to your destination. If you're flying Delta, for example, you know they are partners with Northwest and Continental. Find other flights on those airlines, even if they connect somewhere, that might be able to help you. If you're going somewhere in Los Angeles but you can get to where you're going by flying to San Diego, tell the gate agent or the reservation agent. Say I can fly to Baltimore instead of Washington. I can fly to Midway instead of O'Hare. Those types of things will at least help give you -- could help give you some more options.

If the weather's as bad as you're seeing in Oklahoma City, for example, you might be out of luck. But if you can say, hey, I can fly into Walton instead of Oklahoma City or I can fly to Wichita, at least you might give yourself some more options if that's something you can do.

COLLINS: OK, definitely. And this is my favorite. Be patient. Just be patient.

MUTZABAUGH: That's right. That's right. It's very frustrating. And even if the agent is doing a good job, and they usually do a fantastic job, but regardless of why you're frustrated, being surly with the gate agent, reservation agent, is not going to get you anywhere. They're not going to want to help you.

COLLINS: No, they're not.

Real quickly before I let you go, Ben, it is pretty interesting to me, I mean the airlines are not responsible for weather. I mean nobody can control the weather, but this thing that you mentioned off the top there, being able to possibly rebook, can you remind me real quickly what that is again?

MUTZABAUGH: Sure. The airlines have gotten really good about this. Go to your airline's website. If they're affected in one of these cities, they'll probably have a travel waiver policy. And it's usually listed prominently on the website. And basically what that does, in most situations, gives you, if you're flying to one of the effected cities, the opportunity to rebook your flight one time free of charge. You have to read the fine print, but that's basically what it does.

COLLINS: One time. OK. Very good. All right, Ben Mutzabaugh from "USA Today," we certainly appreciate your time. Thank you, Ben.

MUTZABAUGH: All right. Sure.

COLLINS: Lowering interest rates. The bottom line of tomorrow's meeting. What would a cut mean to your wallet? CNN's Gerri Willis crunches the numbers.

(COMMERCIAL BREAK)

COLLINS: Let's go ahead and check out the big board now. The Dow Jones Industrial average is up 90, that's nice, resting at 13,716. Also hearing the Nasdaq up about 11 points or so. Everybody sort of keeping their eyes peeled for what will happen tomorrow in this fed meeting. In fact, that's what we want to talk about now.

Most analysts expect the Fed to cut interest rates tomorrow. How deep, though, will that cut be and what will it mean to your mortgage? Here with all the answers CNN personal finance editor Gerri Willis.

Good morning to you, Gerri.

GERRI WILLIS, CNN CORRESPONDENT: Good morning, Heidi.

COLLINS: All right. So everybody is really watching this. Everybody wants those interest rates to go down. But what will a rate cut mean for homeowners themselves? WILLIS: Well, right now investors are really split on whether the Fed will lower the Fed Funds rate by another quarter point to 4 percent or maybe even more. But the fact is, there's not much doubt out there that the Fed will cut rates. In fact, it's a foregone conclusion. And because of that, the markets run ahead. It's already priced in that decrease. Rates have been falling since July. So a rate cut won't really do very much to lower long-term rates. They're already low. So if you want to refinance, now is a good time to start shopping.

COLLINS: OK. So what about the people that have the ARM, the adjustable rate mortgages?

WILLIS: Well, the Fed move tomorrow may be significant to borrowers. In fact, even more significant than what the government is doing to freeze sub prime interest rates. This from some experts we talked to. Now most resets on adjustable rate mortgages will reset in the middle of next year. And the fact that the Fed is cutting rates will make these resets more manageable for prime borrowers that aren't covered under the president's plan. So if you had an adjustable rate mortgage that started at 4.5 percent and your rate was going to reset at 7.5 percent, you may only face an increase to 5.7 percent. Now people will be able to fill that gap much more easily.

Heidi.

COLLINS: Yes, sounds like it.

Are there some other homeowner benefits, though, that could come out of this cut?

WILLIS: Sure. Well, you know, home equity lines of credit will be cheaper if the fed does cut rates. It may take up to three billing cycles to see the actual decrease in your bill. If you need to consolidate debts or you need money for medical bills or college expenses, you may consider shopping around for a HELC since lenders are likely to price in the Fed's cut immediately.

COLLINS: I think there's a lot of people out there, Gerri, that are wondering if this rate cutting will sort of revive the housing market. Because, you know, you still look around, at least down here anyway, and see so many for sale signs.

WILLIS: Absolutely. Well, you know, the takeaway here is that at least the Fed is on your side. This rate cut, though, won't be the silver bullet that fixes the housing market, but it's apparent that the Fed is in rating cutting mode and the cumulative affect is what should help consumers over the long haul.

Now there are a number of things that the Federal Reserve can't control, including the effects of the credit crunch. There's also a lot of houses on the market and people who can't afford their houses anymore. Interest rate cuts won't do much to make that problem go away. Sometimes it's a matter of time.

And, of course, if you have any questions, send them to us at cnn.com. We love hearing from you.

COLLINS: All right, Gerri, we love hearing from you, too. Nice to see you.

WILLIS: My pleasure.

COLLINS: CNN's personal finance editor Gerri Willis, Thanks, Gerri.

ANNOUNCER: Live in the CNN NEWSROOM, Heidi Collins.

COLLINS: You are in the CNN NEWSROOM. I'm Heidi Collins. Tony Harris has the day off.

We want to begin immediately with the weather across this country. In fact, an ice storm knocking out power to tens of thousands of people in the central part of the country. Sophia Reza looks at problems in Oklahoma City now. She's with our affiliate KOCO.

(BEGIN VIDEOTAPE)

SOPHIA REZA, CNN CORRESPONDENT, (voice over): Drivers pulling into gas stations that are in the dark.

UNIDENTIFIED MALE: I was surprised that this whole area is out. I knew some south side people were out of power, but I didn't expect it here.

UNIDENTIFIED MALE: Just went out a little while ago. Actually went out earlier and then it went out. This time for probably most of the night.

JONATHAN JONES: It's bad. It's having a huge affecting on all the people around here and what's going on and obviously the electricity.

REZA: Jonathan Jones (ph) is staying at a hotel in the area that also does not have power. The cause? Well, you see the weight of the ice on this tree. Just imagine what it can do to power lines.

JONES: We came over here. We were going to get an inverter to put in our truck to run some of this stuff inside the room, but they're shut down, too. So we'll just hang out until it comes back on and be at the mercy of the gods right now.

(END VIDEOTAPE)

(WEATHER REPORT)

COLLINS: A holiday tradition in trouble? Will there be no toys for some tots this year?

(COMMERCIAL BREAK)

COLLINS: Quickly some information in -- just in, I should say, to the CNN newsroom. according to the Associated Press, former White House aide Lewis Scooter Libby is dropping his appeal in the CIA leak case. This is according to his attorney and, once again, the Associated Press. As you know him to be the former chief of staff to Vice President Dick Cheney, who was convicted of perjury and obstruction for lying about his conversations with reporters about outed CIA operative Valerie Plame.

According to his attorney, he says, "We remain firmly convinced of Mr. Libby's innocence. However, the realities were that after five years of government service by Mr. Libby, several years of defending again this case, the burden on Mr. Libby on his young family of continuing to pursue his complete vindication are too great to ask them to bear."

So, again, according to the Associated Press, former White House aide Lewis Scooter Libby is dropping his appeal in that CIA leak case.

(NEWSBREAK)

COLLINS: CIA interrogation videotapes destroyed. Why do it and who knew about it?

CNN's Kathleen Koch is at the White House now with more information on this.

Good morning to you, Kathleen.

KATHLEEN KOCH, CNN WHITE HOUSE CORRESPONDENT: Good morning, Heidi.

And there were a lot of questions on that matter for White House Press Secretary Dana Perino this morning, however, not a lot of answers. That's because over the weekend the Justice Department and the CIA opened a preliminary inquiry into the 2005 destruction of these two videotapes that showed the interrogation, and sometimes harsh interrogation, of two al Qaeda operatives.

Now, Perino says the White House when it comes to this inquiry, that quote, "We will support their efforts in that, but she insists now that there is this investigation under way, she can't comment any further, adding, quote, "This is a situation that will be fully vetted."

So there, Perino would not respond to my question about whether or not any White House staffers at the time knew about the tapes, knew about the plan for their destruction.

Administration officials do tell CNN that top White House aide Harriet Miers, who eventually became White House counsel, she knew about the tapes. She recommended that they not be destroyed. The White House -- we also asked them about this plan or this proposal by Senator Joe Biden and Democratic presidential candidate, this request there be a special prosecutor named to pursue an investigation. And Perino said well that's a decision that the justice department will have to make down the road. Certainly there are also calls for a Congressional inquiry. And as a matter of fact, CIA Director Michael Hayden is scheduled to testify on the Hill before Congress tomorrow. So perhaps we'll get some more answers then, but, Heidi, right now mum is the word here at the White House.

COLLINS: All right. Well we know you'll stay on top of it for us. Thanks so much.

Kathleen Koch reporting from the White House today. Thanks.

Children at risk from Christmas tree lights?

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: I wouldn't needlessly expose them to a lead- based hazard that could have significant and lifelong consequences for that child's cognitive capacity or their attention or other health problems.

(END VIDEO CLIP)

COLLINS: We put the leaded cord coating to the test.

(COMMERCIAL BREAK)

COLLINS: Breaking news now with the Michael Vick sentencing we've been telling you about all morning long. CNN's Larry Smith is standing by outside the courthouse in Richmond, Virginia. Tell us what happened, Larry.

LARRY SMITH, CNN CORRESPONDENT: Well Heidi, here we go. The judge just issued the sentence for Michael Vick, the Atlanta Falcons quarterback and former two time Pro Bowl quarterback. It's a sentence of 23 months behind bars, on a charge of federal dog fighting.

After that time, Vick will then be required to serve three years probation. This again, for the federal charges here that Michael Vick faces. He does still face two state charges that will come to court in a jury trial here in Virginia in April of 2008.

Among the things that the Judge Henry Hudson did talk about, was that the court received thousands of phone calls to the office. Atlanta Mayor Shirley Franklin wrote a letter. Former baseball home run king Hank Aaron wrote letters, as well as former heavyweight boxing champ George Foreman wrote a letter, on Vick's behalf. But he said despite all those things and all the contributions that he has made, he's not convinced that Michael Vick really understands and accepts the full responsibility of his actions.

As for Vick, he did approach the judge in his black and white jumpsuit. He did apologize to the court, to his family and to the children and said that he just understands he made poor decisions and used poor judgment in his life. He says I am willing to deal with the consequences and accept responsibilities. The judge reminded him also that he should apologize to the millions of young people who have looked up to Michael Vick during his NFL career. Once again, 27 year-old Michael Vick, the Atlanta Falcons quarterback, a sentence of 23 months, which is on the high end of the sentencing guidelines that he had talked about at the beginning of this, the judge said an 18-24-month sentence. The prosecution asked for the higher end. The defense asked for the lower end. And again it comes in at 23 months behind bars for Michael Vick -- Heidi.

COLLINS: Larry I don't want to put you on the spot here, but as one of our main sports people at the network and over at Headline News, I do wonder, we're talking about nearly two years here. What does this mean for the football career?

SMITH: Well, for his football career, I think right now when you consider that he is currently under indefinite suspension by the NFL. So certainly he's not going to play in 2007. 23 months, considering that he went in in November, that takes you to October 2009. So certainly he's not going to play at that time. Let's say that he comes back in 2010 at which time he is 30 years old, and he was then out of suspension, could he return? It certainly is up to the hands of not only Commissioner Roger Goodell, but also one of the 32 teams here that would take a chance on Michael Vick. He's currently still under contract with the Atlanta Falcons ,though he's not being paid under that ten-year, $130 million contract that he signed back in December 2004.

The Falcons are expected to release Vick, however, sometime next summer. Keep in mind they are also trying to recoup from Michael Vick more than $20 million in bonus money paid to him. He also faces some financial woes in terms of some business loans that had defaulted in the -- totalling millions of dollars and so certainly from a financial end, and a playing end, Michael Vick still has many questions that only time will tell if they'll be answered.

COLLINS: All right, well, we appreciate you following this story for us. Just a quick reminder, once again what that sentence is. Larry Smith thanks so much, live from Richmond, Virginia. That sentence for Michael Vick now, this is on the federal charges. He will face those state dogfighting charges coming up in April as you know. But, 23 months is the sentence, three years probation to follow that.

In just a couple minutes we're going to be talking with our senior legal analyst Jeffrey Toobin, tell us a little bit more about how the judge may have come to this decision, and what it means.

Meanwhile though, not enough toys to go around. The Toys for Tots program in a tight spot this holiday season. William Grein is vice president of the Marine's Toys for Tots Foundation. He is joining us now. Thanks so much for being with us.

You know, you guys have been in operation for 60 years. Tell me if you've ever had to really extend the deadline before, and what the situation really is. WILLIAM GREIN, MARINE TOYS FOR TOTS FOUNDATION: Well, we've had to extend the deadline a number of years, but fortunately for us the country always comes through. So, we're hoping there will be another Christmas miracle this year and we'll see a lot of toys and dollars to buy toys come in in the next two weeks.

COLLINS: And when you say extend the deadline, exactly what do you mean by that? How long is it going to go here?

GREIN: Well, most of our units, and we have 604 Toys for Tots units across the country, and almost every community throughout the nation collecting toys. They will go up to almost Christmas Eve, and collecting toys and distributing toys.

COLLINS: OK, good. I keep thinking of the little kids and how they feel once they get their toys from your organization. The problem though, from the way I understand it, is that you have a higher demand this year, and then you have lower donation. Why do you think that's happening?

GREIN: Well, we think one of the reasons is the economy. The subprime interest problem, there are a lot of folks who may have in the past donated to Toys for Tots who are now unable to. And that may create the problem, exacerbate the problem a little bit, because they may now be in need of help.

The second situation is Thanksgiving came awfully early this year. And there's an extra week between Thanksgiving and Christmas. We think that there's possibly a lackadaisical attitude in shopping, in a lot of the shoppers, and there's -- there may not be a sense of urgency to buy toys and donate them.

COLLINS: Well I hope not. And quickly I just want to ask you, do you think this has to do with all the toy recalls out there, people afraid to be donating?

GREIN: Well, we think the recall could have some of a -- a bit of a problem, but we don't think that's it at all. Our biggest fear is that there could be a recall hysteria and people not buy because of that. And, you know, I was in Toys 'R' Us in Fredericksburg, Virginia, where I live, and there are thousands of quality toys on the shelves just waiting to be purchased. So we're hoping folks will go out and make those purchases right away.

COLLINS: Good point. And we hope so, too. We so appreciate your time here today. William Grein, U.S. Marine Corps retired, working now with the Toys for Tots operation. And what a good one it is.

Thank you for your time. Appreciate it.

GRIND: Thank you.

COLLINS: Well, we want to make sure that you know it's not too late to help. You can find more information on what you can do locally at toysfortots.org, your chance to impact your world. Quickly want to get back to the story we just told you moments ago now, breaking news regarding Michael Vick and his dogfighting federal charges. We have learned that he's been sentenced to 23 months in prison, three years probation after that.

CNN senior legal analyst Jeffrey Toobin joining us on the phone once again.

Hey, Jeff, when I was listening to Larry tell us more about the situation and what the judge said there, there were all these phone calls that came in. There was even a phone call from the mayor of Atlanta, but ultimately the judge says, you know what, I'm just not convinced that Michael Vick really took responsibility for what he'd done here.

JEFFREY TOOBIN, CNN SR. LEGAL ANALYST: Well, I think you can see why he thought that. This is a very serious crime. It went on for a long period of time, and one of the things judges always have to deal with is defendants are always upset that they got caught. The question is, how upset are they about the conduct that led to being caught. And the judge was not convinced that there was the kind of contrition that he thought was necessary to have a lower sentence.

Although it's important to keep in mind while this sentence is somewhat higher than the sentencing guidelines...

COLLINS: Eighteen to 21 was the sentencing guideline, right?

TOOBIN: It was 12 to 18.

COLLINS: Oh, 12 to 18. Pardon me.

TOOBIN: So it's five months more, which is more, but it's not a huge difference.

So what does it all mean? You know, looking forward, obviously we keep reminding everyone that there are state charges to face as well for Michael Vick. That will happen in April. Is this going to have any bearing on what happens there?

It's possible. Certainly not as a legal matter. The case will go forward, but if it comes to sentencing in a state case, the judge might say, well, he's already serving nearly two years in federal penitentiary. Perhaps we'll cut him some slack here.

But Michael Vick is in a world of trouble, and he's in his late 20s. He is hopeful of restarting his football career. But there is almost no precedent for spending this far -- this long a time away from the game and getting back at the top level. So his football career is hanging by an ever-shrinking thread.

COLLINS: Yes. And how much of the 23 months -- will he serve all of that?

TOOBIN: Eighty percent under federal law, assuming good behavior. You have to serve 83 months -- 80 percent of a federal sentence, so, you know, almost 20 minutes. COLLINS: All right, CNN senior legal analyst Jeffrey Toobin making a second appearance on the program today. Thanks so much, Jeffrey. So once again that breaking news, Michael Vick has been sentenced to 23 months in a federal penitentiary for his dogfighting charges.

Meanwhile now, a warming planet, a cold warning.

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AL GORE, FMR. VICE PRES. OF THE UNITED STATES: The Earth has a fever, and the fever is rising.

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COLLINS: Al Gore picks up his Nobel Prize. He spends the next hour live with CNN.

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COLLINS: CNN NEWSROOM continues two hours from now. Up next, a CNN special on the Nobel Peace Prize. CNN's Jonathan Mann talking with Nobel winner Al Gore. That happens next.

I'm Heidi Collins. We'll see you tomorrow, everybody.

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