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Campbell Brown

Senate Power Balance; Detroit Bailout Act Two

Aired December 02, 2008 - 20:00   ET

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


CAMPBELL BROWN, CNN ANCHOR: Hey there, everybody.
We begin tonight with some breaking news coming out of Georgia, a Senate race that matters far beyond the Georgia borders. The polls closed just a very short time ago. The votes are being counted. We're waiting now for the results.

Celebrities have been campaigning in Georgia for both sides, a Senate race everybody has been watching, waiting to find out if Democrats will have a so-called supermajority. That's what's at stake. We are going to have the results as they come in during this hour.

We are also tracking, of course, the other big news of the day, the Detroit bailout, act two. There were no corporate jets this time. Heck, the Big Three auto CEOs all but crawled back to Washington, making a point of how humbly they were asking for help by driving all the way in hybrid American cars.

Good thinking, or it would have been, if they had first showed up hat in hand 10 days ago that way.

Ali Velshi is going to be here in just a few minutes to tell us what they have come up with, what exactly these plans look like.

Also ahead: Do doctors have the right not to provide prescriptions for drugs they are opposed to? What if it's family planning or emergency birth control? Find out tonight how the Bush administration may try to influence that very difficult issue.

And president-elect Obama today took a trip all the way to Philadelphia to catch up with 50 of his future best friends. They are the nation's governors. And he has something they want, federal money. Before they get it, he's got a challenge for them. And we're going to talk about that with our panel coming up shortly.

First, though, as always, we are cutting through the bull tonight.

How many times have politicians been warned about the dangers of an open microphone? And yet, just today, the lectern mike at the national governors conference picked up this little nugget from Pennsylvania's Democratic governor, Ed Rendell.

He's having a conversation near the lectern about president- elect's Obama choice for homeland security secretary, Arizona Governor Janet Napolitano. Here's what Rendell says about Napolitano. Listen to him very closely here.

(BEGIN VIDEO CLIP)

GOV. ED RENDELL (D), PENNSYLVANIA: Janet's perfect for that job, because, for that job, you have to have no life. Janet has no family. It's perfect. She can devote, literally, 19, 20 hours a day to it.

(END VIDEO CLIP)

BROWN: Now, it's a little hard to hear, so I'm just going to repeat the quote.

"Janet's perfect for that job, because, for that job, you have to have no life. Janet has no family. Perfect. She can devote literally 19 to 20 hours a day to it."

Wow.

Now, I'm sure Governor Napolitano has many qualifications for the job, beyond having no family, and therefore the ability to devote 20 hours a day to the job. But it is fascinating to me that that is the quality being highlighted here as so perfect.

I mean, come on. Michael Chertoff is married with two grown children. His predecessor, Tom Ridge, had a family. Anybody remember a debate about whether they would have trouble balancing the demands of work and family?

Now, I'm a fan of Governor Rendell. He's been on the show many times. I like him for his candor. In our attempts to cut through the bull, he delivers far less bull than most politicians.

But it is his frankness here that raises so many questions.

Question one, if a man had been Obama's choice for the job, would having a family or not having a family ever even have been an issue? Would it have ever prompted a comment? Probably not. We all know the assumption tends to be that, with a man, there's almost always a wife in the wings managing those family concerns.

Question two, as a woman, hearing this, it's hard not to wonder if we're counted out for certain jobs or certain opportunities because we do have a family or because we are in our childbearing years. Are we? It's a fair question.

Three, if you're a childless single woman with suspicions that you get stuck working holidays, weekends and the more burdensome shifts more often than your colleagues with families, are those suspicions well-founded? Probably so. Is there an assumption that, if you're family-free, then you have no life? By some, yes.

Again, Governor Rendell, I don't mean to rake you over the coals here. I know what you meant to say, but your comments do perpetuate stereotypes that put us in boxes, both mothers and single women. In government and beyond, men have been given the benefit of the doubt when it comes to striking the right work/life balance. Women are owed the same consideration.

And now, for this hour's breaking news, we're going to go to the crucial U.S. Senate runoff in Georgia, no exit polling, everybody waiting as those vote totals come in. With 8 percent counted so far, incumbent Republican Senator Saxby Chambliss has 66 percent. Democratic challenger Jim Martin has 34 percent right now.

Dana Bash is down in Atlanta at what Chambliss supporters hope is going to be a victory party tonight.

And, Dana, you're there at their headquarters, as we said. Pretty upbeat, the mood there tonight?

DANA BASH, CNN CONGRESSIONAL CORRESPONDENT: It is, cautiously so, though, Campbell, because, you know, runoffs are very, very hard to predict in terms of who's going to turn out. Therefore, it's virtually impossible to poll.

So, they're not really sure what's going on out there. But Republicans I talk to here, they say that, going into today, early voting gave them confidence. Why? Because the votes among white males were up. They tend, at least here in Georgia, to vote Republican. And African-American vote, which did help the Democratic challenger, Jim Martin, on November 4, that has at least initially been down.

But, you know, what's been fascinating is that this is a statewide race. It's for the United States Senate. But it has had a major national tone. We have seen political celebrities from both sides of the aisle parading down here, from Sarah Palin to Bill Clinton.

And the main theme has been the balance of power in Washington, because, if the Democrat does win, that would give Democratic senators 59 seats. That would be just one short of a filibuster-proof majority for Democrats. And so what the Republican incumbent, Saxby Chambliss, has been saying time and time again particularly to get out those conservative voters, is, look, I will be a firewall for the Republican -- for the Democratic agenda, specifically for Barack Obama's agenda in Washington. That's why you should send me back -- Campbell.

BROWN: All right, Dana Bash for us tonight with the very latest -- Dana, thanks.

Democrats, of course, have been daydreaming about winning in Georgia and in Minnesota to get to that filibuster-proof Senate majority, 60-40. Minnesota's recount is expected to drag on for weeks, with Republican Senator Norm Coleman still ahead. And we have just seen, as we pointed out to you, those very latest numbers coming in to us from Georgia. We will keep updating you throughout the hour. So, now what?

We have got three of the best political minds in the business joining me for a look ahead, big picture, in terms of what all this means, CNN senior political analyst Gloria Borger, Republican strategist Alex Castellanos, and "New York Daily News" columnist Errol Louis, also morning host for WWRL Radio here in New York.

Welcome to everybody.

Alex, let me just read you what Michael Grunwald -- this is in "TIME" magazine -- wrote today about the Georgia race. He said -- quote -- "A Martin surprise in this deep-red state would be a crowning embarrassment for the GOP. It would rival Obama's own victory as a repudiation of the Bush agenda."

Do you agree with that, Alex? What does a loss down in Georgia mean for the Republican Party?

ALEX CASTELLANOS, CNN POLITICAL CONTRIBUTOR: Well, I don't know if people have heard, but Republicans haven't had a particularly good year so far.

(LAUGHTER)

CASTELLANOS: So, I think that burning -- the house has kind of already burned down. Burning down the few remaining timbers is not really big news.

Look, this -- 60 votes is the magic number, but, in fact, the Democrats are pretty close to 60 votes already. There are very few votes in the Senate where you don't pick off a Northeastern Republican, where you don't get a Republican to cross over. So, I don't think this is quite as important in the Senate as it might be portrayed, I think, in that article.

BROWN: And, Gloria, does he have a point there? Do they need a supermajority? Because Chambliss looks like at least at this stage they are feeling pretty good about what may happen in Georgia and Minnesota is still up in the air.

(CROSSTALK)

GLORIA BORGER, CNN SENIOR POLITICAL ANALYST: And it's a good line for Saxby Chambliss to use to say, I'm the one between you and Barack Obama and a Democratic Senate.

So, I don't blame him for using it. But, as Alex was saying, you have got a couple of senators, for example, in Maine, very moderate Republican senators, one of whom just won reelection, one of the rare Republicans to coast to an easy reelection, Susan Collins in Maine. And I think you're going to see them voting with the Democrats an awful lot of the time here anyway.

So, while 60 is kind of the magic number, they will be able to work around that pretty well.

BROWN: Errol, your take on this?

And I just want to mention, too, let me ask you this. There were some big names that went down to campaign, from Rudy Giuliani, Mike Huckabee, Sarah Palin, Bill Clinton, Al Gore, all down there campaigning. But Obama didn't go. ERROL LOUIS, COLUMNIST, "THE NEW YORK DAILY NEWS": Right.

BROWN: Is he going to get any flak if Martin doesn't pull it out for not being part of this?

LOUIS: No, no, I don't think so.

Listen, the president-elect was handling some fairly important things, like organizing a response to the biggest economic crisis since the Great Depression.

BROWN: OK. Fair point. I will give you that one.

LOUIS: And those were problems that would have his name on it unmistakably.

BROWN: Right.

LOUIS: The way he campaigned and his legislative agenda, he's made clear he's not trying to be partisan. He doesn't need those 60 votes. He's not looking to cram an agenda past a recalcitrant Republican minority.

So, it wouldn't make sense for him to drop all of the very pressing things that he has to do just to win this one seat to implement a legislative strategy that he's shown he has no interest in. He's really not trying to run a partisan agenda.

(CROSSTALK)

BROWN: Yes, go ahead.

CASTELLANOS: But, Campbell, one thing I might point out, though, yes, he's decided to remain president-elect and not revert to partisan political candidate. Smart move, protect his stature, which is what he needs to govern.

But just because he didn't go to Georgia doesn't mean he wasn't there. He has a list of 10 million, 11 million names on an e-mail list. That's 20,000 names per congressional district in Georgia. He's used it.

BROWN: Right.

CASTELLANOS: He has cashed in some political capital. So, he's there.

BROWN: All right, guys, stand by, because we have got a lot more we're going to talk about with the panel coming up in just a second. And we will, as we said, have those latest results for you. We will put them up on the screen as they come in. Nineteen percent in now, Chambliss still has a 2-1 lead, 65 percent to 35 percent.

Another major story developing tonight, though, of course, the Detroit automakers' brand-new bailout plans arrive on Capitol Hill. They want about $25 billion. Ali Velshi, checking under the hood for specifics, he's going to join me next.

Also, the reconciler in chief reaches out to governors of both parties. Stay tuned for what happened when Barack Obama shared the room with Sarah Palin today.

And did you hear the latest hurdle for Hillary Clinton? A conservative group has found a reason she should not be secretary of state. They say it defies the Constitution. We will explain.

(COMMERCIAL BREAK)

BROWN: Well, you know those drive-throughs that scare you with those signs don't back up, severe tire damage will result? Well, the Big Three did back up. Congress told them to when they came begging for bailout money 10 days ago.

Well, today, the automakers returned to Washington.

And Ali Velshi is here to tell us whether there was severe tire damage or not.

So, this was the moment of truth. They came back with their big plans. What did they come up with?

ALI VELSHI, CNN CHIEF BUSINESS CORRESPONDENT: All three plans are in today. This was the deadline.

Now, for those of you who, like me, watch TV with a calculator, you might want to add these numbers up. They're a little bit interesting. Ford, which is in the best condition of all of the three Detroit automakers, says that it might need $9 billion, but actually hopes that it won't need that money at all, but they would like to set aside $9 billion for it.

General Motors, which we think is in the worst condition of the three, has asked for $18 billion, $4 billion of which they need this month alone. If you're doing the math, you are finding out the problem is already. Chrysler, which is not a public company, so we had to wait for them to come up with their solution to tell us what they needed, has asked for $7 billion. If you add the nine, the 18, and the seven, you come up with $34 billion.

Now, Campbell, that's more than the $25 billion that was asked for. In exchange for that, Ford is giving up its five corporate jets. General Motors says it might have to lay off 31,000 people. Chrysler says it might actually have to merge with another company.

BROWN: To manage on that amount of money that they're asking for, have they been specific about what they're planning to do with it?

VELSHI: Well, one of the things that they all made a case for -- and this is probably the best case that they have -- is that 2007, prior to 2008, every year for the last nine years, we have sold more than 16 million cars in the United States, of all brands, not just American brands. In 2008, we will have sold a little over 10 million. That's not an American automaker problem. That's because people -- we're a mature market. We weren't going to sell 16 million cars again.

BROWN: Right.

VELSHI: Credit is harder to come by. And people are having tough times. So they're saying that so much of the problem they face right now is because of the environment, not because of their bad decisions.

But with respect to their own bad decisions, yes, they have offered some specifics. Ford says it's going to invest $14 billion in fuel-efficient technology. General Motors still has to just fix its own shop. It says it might drop a couple of its brands. And as I say, Chrysler is saying that it might have to actually team up with somebody else in order to make it.

BROWN: OK, so, Ali, under the headline of more bad news, if there weren't enough concern for taxpayers, the GAO comes out with the first report on how the $700 billion is being spent, and the news, not so good.

VELSHI: Right.

The GAO, the Government Accounting Office, is the body of the government that actually looks at how government spends money. And I actually really like what they do, because they don't sort of toe the company line.

They came out and said that the first $350 billion of the $700 billion bailout package -- this is the big bailout package -- there's not been enough oversight on this. They say there are a couple of problems. One is that the Treasury has engaged companies, Wall Street companies, to distribute and to manage this money, and they haven't done enough to check that there hasn't been a conflict of interests.

They also say that they're not sure about the accountability, about how the money is spent. So, they are making the case that, look, enough hasn't been done to protect the first $350 billion. More needs to be done for the second $350 billion.

And we have already heard from some members of Congress to say we hope that the Treasury takes this to account. You will notice, though, with the auto bailout, they're asking for more information for $25 billion -- or, in this case, $34 billion...

BROWN: Than they ever asked for...

VELSHI: ... than they ever asked for from Wall Street.

When the Citibank bailout came along, the second one, there were more conditions attached to that. So hopefully the second $350 billion of the bailout will come with some strings.

BROWN: Congress has got to be partially to blame. They gave them a blank check here. They didn't put it in the legislation.

(CROSSTALK)

VELSHI: And, by the way, you pointed out on this show, where were the people who were supposed to appointed to oversee this? And the GAO report says they were -- it was very late.

BROWN: OK. Here's your check. Here's your check.

(LAUGHTER)

(CROSSTALK)

BROWN: I will slide it under the desk. No, you're right. So, we will stay on this topic. And, of course, Ali will be back here tomorrow night I'm sure with more bad news.

VELSHI: Yes. Sadly.

(LAUGHTER)

BROWN: Ali Velshi for us -- as always, Ali, thanks.

We are keeping an eye, as we mentioned earlier, on the Georgia Senate runoff results. With 24 percent in, Chambliss still has a 2-1 lead, 65 percent to 35 percent.

In a moment, our panel is going to weigh in, not just on that, but also on the bailout, some of the issues that Ali was talking about here. Not Detroit, some hard-hit state governors also asking president-elect Obama to help them out with problems in their own states.

Also a thorny question we are going to cover tonight: Do doctors have the right to not provide medications they may be personally opposed to? The issue here, of course, birth control. Some women are asking if physicians have the right to be judges with their prescription pads. We will talk about that.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

SEN. BARACK OBAMA (D-IL), PRESIDENT-ELECT: As president, I'm not simply asking the nation's governors to help implement our economic plan. I'm going to be interested in you helping to draft and shape that economic plan. My attitude is that if we're listening to the governors, then the money that we spend is going to be well spent. And it means that it's going to get working faster, and the people in your states are going to experience prosperity sooner.

(END VIDEO CLIP)

BROWN: Prosperity, a great goal, but these days people are struggling just to stay afloat. And, today, the nation's governors got their turn to ask Barack Obama for a helping hand. The president- elect was the featured speaker at their annual conference. But he didn't come with a blank check.

And back now to talk it out, Gloria Borger, Alex Castellanos and Errol Louis all joining me again.

And, Gloria, so many of those governors going to Obama, going to the federal government hat in hand. So far, as we were just talking about, though, with Ali Velshi, nothing the government is doing seems to be having a real effect in terms of easing us out of the sort of crisis mode that we're in.

There's literally no time for a transition here to a new president. What are you hearing from your sources about how Obama's team is coping and how they're setting priorities?

BORGER: You know, Campbell, when we go back and we look at the first 100 days, as we inevitably will, we are going to think that the first 100 days began a couple of weeks ago, that, in fact, as you're right, there is no transition.

And what the Obama folks are thinking about, look, trying to create an opportunity for Obama to lead as a result of this crisis, and they're thinking, OK, how do we do that? What's enough to stimulate the economy? Do we do a large stimulus package, which I believe they will do, that will include the middle-class tax cuts? Then, do they come up with a plan for energy, for reform, an energy program, and a health care program that they can implement, perhaps incrementally, but at least outline the larger plan?

They don't want to have happen to them what happened in the Clinton administration, which is all these internal arguments about, oh, which do you go with first, welfare reform or health care reform? They don't want to do that. They want to have a plan from day one, and day one started a couple weeks ago.

(LAUGHTER)

BROWN: It did.

And, Alex, Republicans have been surprisingly cooperative during the transition so far, I mean, praising Cabinet picks. They seem very willing, in a lot of ways, to give the new administration a honeymoon period. Is this a function of how critical a moment we're facing?

CASTELLANOS: I think it's absolutely -- you know, Republicans are for good government, too, don't forget. We're Americans as well.

(LAUGHTER)

CASTELLANOS: But it's also smart politics.

You know, at the end of the day, right now, we all want this president to be successful. The economic house is burning down. We don't want partisan politics now, the firemen fighting. But at the end of the day, you don't want to be the Republican who made it impossible for Barack Obama to succeed. That's not a politically tenable position. BROWN: Now, one thing, though, there are some Republicans out there still spoiling for a fight, I think a little bit, Errol, on certain issues.

Most likely target, it's come up in a number of areas, is Eric Holder, Obama's pick for attorney general, who was deputy attorney general under Clinton, and he was involved in the decision to pardon fugitive financier Marc Rich, which some people think was a controversial decision, very controversial decision.

Karl Rove brought this up this morning on "The Today Show." Let's listen to what he said.

(BEGIN VIDEO CLIP, "THE TODAY SHOW")

KARL ROVE, FORMER SENIOR ADVISER TO PRESIDENT BUSH: He's the number two guy at the Justice Department having private conversations with the representatives of a fugitive, you know, on the number 10 list, and didn't even tell the investigating agencies within Justice Department at the Pardons Office that he was having these conversations.

(END VIDEO CLIP)

BROWN: So, what do you think? How big an issue is this for Holder, and, by extension, for Obama?

LOUIS: I love that it's Karl Rove bringing this up. I mean, Karl Rove and a number of other Bush senior administration officials will be lucky to leave town without their own pardons. I mean, there's -- I think there is going to be a question -- I will agree with Alex that I don't believe anybody in the first 100 days is going to want to be seen as trying to stop this president and this administration from getting the country back on track.

The surest way I think to be tagged with, you know, partisan politics, going back to gridlock, is to try and bring up some grudge from eight years that really has no legal meaning. The pardon is a done deal. Now, if you want to try to sort of resurrect the partisan wars with the Clintons from eight years ago, good luck with that. I don't think that's a sound strategy for Republicans.

BROWN: Gloria, go ahead.

BORGER: Look, I think it's a completely legitimate issue for people to want to raise.

In fact, the Obama folks went around to Republicans on Capitol Hill before even nominating Eric Holder and asked them whether this Marc Rich pardon was going to hold up Eric Holder and whether it raised so many red flags that he could possibly not be confirmed. Obviously, the answers they got back were enough to have him be nominated. But is it a legitimate question to raise? Absolutely.

Do I believe Eric Holder will get confirmed? Yes, I do.

BROWN: And, Alex, real quick, the last word on this. Is it an issue?

CASTELLANOS: Of course it's an issue, but as long as you debate it on its merit. I mean, this is governing. This is not politics. Was undue influence applied here? So, yes, it's a fair issue.

But, again, Republicans ought to do this by helping Barack Obama. Look, we want him to get the best people. We want to get people who are not going to undermine the success of this administration. This is not politics. This is about governing.

BROWN: All right, guys, Gloria, Alex, and Errol, many, many thanks. Appreciate it.

Another quick update on the Georgia Senate runoff -- 30 percent of the vote now in. Senator Chambliss leads 64 percent to 36 percent, a winner later tonight. We will have the results right here on CNN.

Coming up: A terrorist talks. Only one of the Mumbai attackers is still alive. Officials say he is spilling the secrets of that deadly plot.

And then, later, could Hillary Clinton's nomination as secretary of state be derailed before the Senate even gets to vote on it? Some conservatives say it is a full-on constitutional crisis.

(COMMERCIAL BREAK)

BROWN: Tonight, there are dramatic new details and gripping new pictures of the Mumbai terror attacks that claimed at least 179 lives.

This is surveillance video from Mumbai's train station, one of the first places the terrorists hit. And in the foreground, you can see the policeman there hiding. Only one of the Mumbai attackers was captured alive.

Well, now Indian officials say all 10 terrorists were Pakistani.

But, in an exclusive interview, Pakistan's president tells CNN's Larry King says his country had nothing to do with the attack.

(BEGIN VIDEO CLIP, "LARRY KING LIVE")

ASIF ALI ZARDARI, PAKISTANI PRESIDENT: The state of Pakistan in no way responsible. That, I believe, even the White House and American CIA have said that today. State of Pakistan is, of course, not involved. We are part of the victims. I'm a victim. The state of Pakistan is a victim. We are the victims of this war.

And I am sorry for the Indians, and I feel sorry for them. I have seen this pain. I feel this pain every time I see my children. I can see it in their eyes. This pain lives with me because of my wife and what we are going through in Pakistan.

LARRY KING, HOST, "LARRY KING LIVE": What do you know about this lone surviving attacker, the man that's in custody? Is he definitely a Pakistani? ZARDARI: Not as yet. We have not been given any tangible proof to say that he is definitely a Pakistani. I very much doubt, Larry, that he's a Pakistani.

(END VIDEO CLIP)

BROWN: You can see Larry's full interview with Pakistan's president coming up at the top of the hour.

Right now, senior international correspondent Nic Robertson is in Mumbai and he has more details on the investigation.

And, Nic, more information out today about the suspect Indian officials have in custody. And authorities believe he is the same man in this photo that was taken during the attack at the train station. What do we know about him, and who are police saying was pulling the strings?

NIC ROBERTSON, CNN SENIOR INTERNATIONAL CORRESPONDENT: Well, that was one of the biggest revelations today, Campbell. The police commissioner in Mumbai spoke at a press conference, the first time he's really given a lot of information and he said that the attackers were using phones to call back to a controller in Pakistan.

During their 60-hour attack in the various locations in the city, the attacker himself, according to the police, the only one who survived, was captured, a Pakistani, according to the police commissioner. He had training from former military officers for a year or more than a year, he said.

Now, the police chief wouldn't say where those former military officers were from, but a clear implication was that they were Pakistani military officers who had given the training. These gunmen and the other gunmen used maps to get around the city according to the police. They put bombs in taxis to sow confusion and have bombs go off around the city.

And according to the chief of police, these guys were acting alone. The gunmen were acting alone. The police chief said as far as he was aware, there was no local help, Campbell.

BROWN: And, Nic, I know there is growing anger in India now, as we learn more about the attack, and especially about warnings that were missed. What can you tell us about that?

ROBERTSON: Well, this was where the police chief got kind of defensive in his press conference. He said that they had had warnings. The warnings that had come from the U.S. about the possibility of a seaborne attack, but he said the warnings have been too vague to adequately take trouble specs (ph) to protect the city. They've been too vague because they weren't specific enough about which hotels could be attacked from the sea. Weren't specific enough about whether they were going to attack in Mumbai or further south in India. So, the police chief was very, very defensive about that.

But there is a growing anger here. Those pictures that you see of the policemen cowering behind the pillars in the train station, where the gunmen are on a rampage there. That's because they don't have weapons, and there's a real feeling in the country that the police aren't adequately ready to protect the people.

So there's a big frustration with the government, and that's why we're seeing the home minister resign. That's why we're seeing the minister of this state resign and the resignations may not be over yet. The police chief clearly very defensive about their role, Campbell.

BROWN: All right. Nic Robertson with the very latest details for us tonight. Nic, as always, thank you.

And once again, "LARRY KING LIVE" at the top of the hour. And Larry's exclusive interview with the president of Pakistan.

Another quick update on the Georgia Senate runoff, 35 percent of the vote now in. Senator Chambliss' lead, a little narrower at this point, 62 to 38 percent. Well, again, we'll have a winner later tonight. Results right here on CNN.

Hillary Clinton's nomination, though, for secretary of state, only one day old. And already it is facing -- we're not kidding here -- a constitutional challenge. Our "PDB" explains all.

Now, check out what this woman heard from her family doctor. Listen to this --

(BEGIN VIDEO CLIP)

"MELISSA," WAS REFUSED CONTRACEPTION: He didn't believe in prescribing birth control. He thought it was morally wrong, that I shouldn't be having sex. And he launched into a lecture about, you know, ethically, you know, how I need to rethink things.

(END VIDEO CLIP)

BROWN: So, is that legal? Can her doctor do that? We're going to tell you how the Bush administration may be helping, make it easier for the doctor to do that when we come back.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

SOPHIA MURLOWSKI, AGE 10, LA CRESCENTA, CA: Dear Barack Obama, congratulations on winning the election. I just thought it would be great to let you know that I look up to you with my full respect and my undivided attention.

From now on, every time I face a tough challenge, I will think what would Mr. Obama do in this situation? Thank you so much for changing the way I look at politics. When I'm old enough to vote, I will know what to expect. Sincerely, one of your many fans, Sophia Murlowski, age 10.

(END VIDEO CLIP)

BROWN: This fifth grader from La Crescenta, California, was inspired by President-elect Obama's election night victory speech. All across the country kids like Sophia Murlowski are writing letters to the next president.

If your child has a letter you want to share with us, just look for the i-Report link on our Web site, CNN.com/campbellbrown.

Time now for our "PDB," the "Political Daily Briefing," a harvest of fresh and savory spices, various and low-hanging fruit -- I didn't write this -- a long-hanging fruit off the bushes of Washington, D.C. As always, our harvester is Dana Milbank, CNN contributor, national political correspondent for "The Washington Post."

Dana, topping tonight's "PDB," a Bush ally in the Senate today said not running for re-election.

DANA MILBANK, CNN CONTRIBUTOR: Yes, it's true. A very close ally of President Bush, Mel Martinez, is hanging it up in 2010. He says as the cliche goes, he wants to spend more time with his family.

I'm sure this has absolutely nothing to do with the fact that McCain lost Florida and got only 31 percent of the Latino vote. Nothing to do with the fact that only 36 percent of Floridians think that he deserves a second term. So it's more bad news for the waning Bush presidency, but for those who are craving more Bush leadership at this time in our nation's history, there is hope. Jeb Bush is thinking of running for that seat.

BROWN: Really? OK. Interesting. We'll be keeping track of that one.

Yesterday, I want to follow-up on this. Yesterday we told you about the holiday blooper at the White House where they put a Christmas tree on the invitation to the Hanukkah party. Well, apparently there's another snafu today, something about an ornament, right?

MILBANK: There is, indeed. You sort of wonder if there's a Christmas curse going on here. This time they wound up with a nine- inch ornament on the White House Christmas tree that calls for President Bush's impeachment. This is reported in a very excellent newspaper called "The Washington Post," I might add.

BROWN: Yes.

MILBANK: But what happened is the first lady invited all the members of Congress to have somebody in their district send in an ornament.

Jim McDermott, a real Bush critic from Washington State, had Deborah Lawrence do it. That was a rather naughty thing to do. But they took the ornament down. She's still getting -- is still allowed to come to the White House Christmas party. So, that's a heartwarming Christmas story. It's goodwill to all. BROWN: Yes, I was going say. See how gracious they are. You got to give him credit for that.

Big news on Capitol Hill today. Everybody in Congress is talking about the visitors' center finally opening only four years late and how many millions of dollars over budget?

MILBANK: Well, I'd say about $400 million, you know, but really, who's counting? And Harry Reid, the Senate majority leader, had I think a very persuasive reason for why this is needed. And he said, actually, it's because tourists smell bad. Let's listen to that.

(BEGIN VIDEO CLIP)

SEN. HARRY REID (D), MAJORITY LEADER: Because the high humidity and how hot it gets here, you could literally smell the tourists coming into the capitol. And that may be descriptive, but it's true. Well, that is no longer going to be necessary.

(END VIDEO CLIP)

BROWN: He did not say that.

MILBANK: He said it. And I think, Campbell, he could have saved the taxpayers hundreds of millions of dollars with this very simple solution right here.

BROWN: A little deodorant. I mean, you know. Who knew? OK.

Finally, finally, we are hearing some very strange rumblings about Hillary Clinton. Some conservatives saying she might not be able to serve as secretary of state because of a clause in the constitution. What is going on?

MILBANK: You got to love this. A group called Judicial Watch charter members of the vast right-wing conspiracy, they were on to Hillary back during the commodity trading days. Now they say because of Article One in the constitution, says you cannot serve in the position where you got a -- voted for a pay raise while you were in Congress. They're saying she is constitutionally ineligible.

I think the only thing for Hillary to do is just give her $191,000 salary as secretary of state to Judicial Watch for their extraordinary creativity. Just save everybody the court costs.

BROWN: In all seriousness, Dana, stand by for a second because we had to bring Jeff Toobin in for this one. I couldn't believe it when I saw the press release today. But I mean, give us a reality check. Should she be in full-on panic mode here?

JEFFREY TOOBIN, CNN SENIOR LEGAL ANALYST: Well, no. There is actually this clause, and presidents have to had to deal with it in the past. When President Ford nominated William Saxby, who is the senator from Ohio to be attorney general, this issue came up.

BROWN: Yes. TOOBIN: What they have done is they have arranged for Congress to pass a law reducing the salary, so that there would not be a raise. I mean, they would just do it by a few hundred dollars.

BROWN: Right.

TOOBIN: That's one way of doing it. Another way of dealing with the problem is simply for Hillary Clinton to take less money. Another way is simply to ignore Judicial Watch, because it's pretty clear that Judicial Watch doesn't have the right, doesn't have standing to file the lawsuit. But there is this clause in the constitution, it's called the Emoluments Clause, and there will have to be some way to address it. But I think Hillary Clinton is safe she is going to be secretary.

BROWN: I mean, this is fascinating because we are -- the constitution is not something you necessarily want to muck around with.

TOOBIN: Well, you know, and I have read the constitution many times. This is something I consider my field. I had never noticed this clause before. It's Article One, Section Six. It's there. It does appear to be a problem, but you put lawyers to work and there are ways around it.

BROWN: And you would know. Spoken like a true legal scholar. Jeff Toobin for us and Dana Milbank as always with "The PDB." Thanks a lot, guys.

And, Jeff, I know you're going to be back a little bit later to talk about another big issue, doctors mixing religion and medicine. We're hearing complaints from women who say their doctors won't prescribe birth control pills on moral grounds.

President Bush could be making it a lot easier for doctors to do this. Well, how does it work? We're going to have the answers in our "NO BIAS, NO BULL" when we come back.

(COMMERCIAL BREAK)

BROWN: Another quick update on the Georgia Senate race. Forty- five percent of the vote now in. Senator Chambliss now 60 to 40 percent. Tom Foreman joining us with a little bit of other news -- "The Briefing."

Tom, what have you got?

TOM FOREMAN, CNN CORRESPONDENT: Hi, Campbell. The recession has been so bad for business, it's certainly good for the military. Army figures show 20 percent more early career soldier are re-enlisting compared to four years ago. Not just patriotism here. Some admit they're banking on a steady pay check.

The NFL star who accidentally shot himself over the weekend is getting benched for the season. New York Giant Plaxico Burress has been fined and suspended by the team. He also faces illegal weapons possession charges. Ten months ago, Burress caught the winning pass in the Super Bowl.

And you can bet a Pennsylvania racetrack casino will double-check its next promotion. The Hollywood Casino meant to send out $500 coupons to 1,000 customers. Instead, it sent out $55,000 coupons. It could have cost the casino $29 million. It's now offering a much smaller discount, an apology and free passes to the buffet. Although, I'll bet, Campbell, if I placed a bet there mistakenly, I couldn't tell them, let's go get dinner and call it square.

BROWN: Yes, I know. I would agree with that.

Tom Foreman for us tonight. Tom, thanks.

In his final days in office, President Bush planning to expand controversial rules allowing health care workers to refuse to do medical procedures on moral and religious grounds. According to "The Los Angeles Times," workers could refuse to give out information about things like abortion, birth control, even artificial insemination. Randi Kaye met one patient who went to her doctor, got some information she didn't want.

(BEGIN VIDEOTAPE)

RANDI KAYE, CNN CORRESPONDENT (voice-over): Last year, this 24- year-old from Texas asked her doctor for birth control pills, and got an earful.

"MELISSA," WAS REFUSED CONTRACEPTION: He told me that he didn't believe in prescribing birth control. He thought it was morally wrong, that I shouldn't be having sex. And he launched into a lecture about, you know, ethically, you know, how I need to rethink things.

KAYE: She doesn't want to share her doctor's name or her own, so we will call her "Melissa." She told us her doctor was Catholic.

"MELISSA": I have no problem with the doctor being a practicing religious person, but they do not have a right to impose that on their patients.

KAYE (on camera): Yet more and more patients are getting a dose of religion in the exam room. Some doctors are rejecting patients whose demands throw their moral compass off course. And now in its dying days, the Bush administration plans to push through new rules allowing doctors, hospitals, pharmacists and other health care workers to refuse to take part in any procedure they find morally objectionable.

(voice-over): In a study published last year in "The New England Journal of Medicine," 63 percent of the doctors surveyed said it was OK to voice their moral objections to patients.

DR. SCOTT ROSS, FAMILY PHYSICIAN: The struggle is also there.

KAYE: Dr. Scott Ross, a Catholic family physician in Virginia, believes contraption interferes with God's plan to breathe life into us, so he doesn't prescribe birth control. (on camera): So if someone came to you today and said they would like contraception or the morning after pill, what do you tell them?

ROSS: I'm very frank with them. I say that's something that I don't do. It's not part of my practice.

KAYE (voice-over): Dr. Ross says he has denied contraception to patients.

Do you ever feel as though you're playing the role of judge, too?

ROSS: No.

KAYE (on camera): But when you're denying someone something that they're requesting, aren't you making a judgment on whether or not they should have that care?

ROSS: I don't know that I'm making a judgment on whether or not they should have the care. It's just the judgment of I can't provide that care.

KAYE (voice-over): Melissa didn't see it that way with her doctor.

(on camera): Did you feel as if he was judging you?

"MELISSA": Yes. Yes, I really did. I felt as though he was accusing me of being immoral, and trying to impose his values on me.

KAYE: The Health and Human Services Department plans to get this new "right of conscience" rule in place before Barack Obama takes office. Procedures like abortion and artificial insemination could be refused if morally objectionable, also birth control. It's estimated nearly 5,000 hospitals and more than 200,000 doctors would be covered under this new regulation.

(Voice-over): In a statement, the "American Medical Association" said, "While we support the legitimate conscience rights of individual health care professionals, the exercise of these rights must be balanced against the fundamental obligations of the medical profession. We strongly support patients' access to comprehensive reproductive health care."

Some doctors have even said no in the name of God, to women who have been raped.

(on camera): Is it right, do you think, to deny a woman who has been raped emergency contraception, when time is so limited to actually treat this?

ROSS: You know, our goal is to provide excellent medical care for all of the patients that we encounter.

KAYE: But does that sit OK with you?

ROSS: That sits OK with me. KAYE: How is it OK to deny her that care?

ROSS: I think we as physicians have right to uphold our own moral grounds, and we don't have to do everything that's asked of us.

KAYE (voice-over): Loyalty to a higher power or loyalty to medicine? Can doctors really have both?

Randi Kaye, CNN, Manassas, Virginia.

(END VIDEOTAPE)

BROWN: So, does the Bush White House have the right to change that rule in its final days? And what will it mean for women? Coming up, our legal expert, Jeff Toobin, is back to explain what is at stake.

(COMMERCIAL BREAK)

BROWN: We just told you how the Bush administration plans to change the rules and give thousands of health care workers the right to say no to performing any procedure that conflicts with their religious beliefs. And that list includes abortions, prescribing birth control, possibly even artificial insemination.

So, how can they change the rules at the eleventh hour? Jeff Toobin back with us right now to talk a little bit about this. We already know that health care workers who get money from the government can't be required to perform abortions. Right?

TOOBIN: Correct.

BROWN: So, this is expanding that. It's called the right of conscience rule, and taking it to a whole enough level, huh?

TOOBIN: It's expanding it in two ways. It's expanding the numbers of procedures that you can refuse to do, as you said, now extending it to birth control, artificial insemination. It's also expanding the kind of medical professionals. It used to be just doctors and nurses. Now, it's going to include pharmacists, lab technicians, people who clean the instruments. So, it's a big expansion of the rule.

BROWN: Now, are they required to tell people ahead of time that this is our policy in a way, doctor or health professional, because I mean, you're going in, you're paying to see your doctor and then you find out afterwards that whatever you went for your doctor's not willing to do?

TOOBIN: They're not required to tell you in advance. The Bush administration has a lot of latitude here, and they don't have to get Congress' approval. That's why this is happening at the eleventh hour. It's controversial.

It's appealing to the base, the conservative part of the Republican Party. That's -- so they really have a lot of leeway in order to be able to change this law.

BROWN: So, a Democratic administration coming in can change it back?

TOOBIN: They can change it back.

BROWN: Theoretically?

TOOBIN: And also Congress.

BROWN: It's not easy to do, though.

TOOBIN: It's not. It takes a long time. You have to propose regulations. It takes time to put it into effect. But there is no question if the Obama administration wants to reverse this, it can. It is also true that if Congress is exorcised enough about it, Congress can write a law that President Bush -- President Obama could sign...

BROWN: Right.

TOOBIN: ... and then no president could overturn it without a new law. So, there are ways of changing it. But, as, you know, people say, elections have consequences. President Bush won.

BROWN: Right.

TOOBIN: He gets the chance to change this.

BROWN: Fascinating stuff here. Jeff Toobin, thanks for coming in, Jeff. Appreciate it.

And coming up, seeing stars in Washington. We're going to tell you who's going to be walking the red carpet at the inauguration. Erica Hill coming up next with a "Welcome to the White House" special inauguration edition.

(COMMERCIAL BREAK)

BROWN: Barack Obama on track to become the first candidate to raise $1 billion. That is right. "B," billion with a "B," he raised $750 million for his campaign, more than $50 million for the Democratic National Convention. Another $100 million for the Democratic National Committee and he's still raking in more bucks to pay for his transition and inauguration. And on that note, let's bring in inauguration queen!

ERICA HILL, CNN CORRESPONDENT: Ta da da da.

BROWN: For her "Welcome to the White House" segment. A wrap-up of all things Obama as we're in countdown mode here on January 20th.

HILL: And maybe they need that money, by the way. It's an insane figure. But, Campbell, with 49 days until Inauguration Day, many believe this is not only going to be the biggest party Washington has ever seen but that it will also be one of the most expensive. Here is just a little taste for you. The temporary bleachers in front of city hall alone will cost -- get this -- about $2.7 million. Attendees also may need to invest in a little cold-weather gear. That, of course, is not covered by anyone on the inauguration team. You have to do that on your own.

Officials warn visitors they will be outside for several hours with temperatures in the 30s. Speaking of weather, one in six chance of rain, a one in 20 chance of snow on January 20th. But don't bother bringing an umbrella or that thermos of hot chocolate, those have been banned along with your backpack, your stroller, your cooler.

The party, though, don't worry, there will be plenty of that and it really begins after the swearing-in. It's a who's who over at the Creative Coalition inaugural ball. The cheapest tickets to that event, $10,000 a pair. And that's why you're going to see A-list stars like Spike Lee, Tim Robbins, Susan Sarandon, Maggie Gyllenhaal, expected to be there.

Elvis Costello, by the way, scheduled to perform and it won't be his first political bash. You may remember this appearance.

(BEGIN VIDEO CLIP)

ELVIS COSTELLO, SINGER: Happy birthday Mrs. President.

(END VIDEO CLIP)

HILL: Maybe this year it will be Mrs. Secretary of state. Who knows?

Of course, you don't need to be at a pricey ball to be a part of the celebration. One D.C. council member is proposing keeping the bars open until 5:00 a.m. on the days around the inauguration. Campbell, though, I cannot tell you who is playing the best beer special that night.

BROWN: Oh, well, I'm sure you'll get right on that. OK, Erica, thanks. We'll be right back. Stay with us.

(COMMERCIAL BREAK)

BROWN: We're all out of time.

"LARRY KING LIVE" right now.