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American Morning
Category One Hurricane Approaches the Gulf Coast; Democrats' Health Care Bill Passes House; Memorial Service Scheduled Tomorrow at Fort Hood; Red Flags Possibly Missed over Hasan's Past; Home Values Stabilizing; FAA Considers Power Naps Tactic to Fight Pilot Fatigue; Muslim Soldiers Facing Backlash?; Fall of the Wall; Eye on Ida
Aired November 09, 2009 - 06:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
JOHN ROBERTS, CNN ANCHOR: And a very good Monday morning to you. It is November the 9th. Thanks for joining us on the most news in the morning. I hope you had a great weekend. I'm John Roberts.
ALINA CHO, CNN ANCHOR: Yes. I hope you had a good weekend. You were traveling a bit.
Good morning, everybody. I'm Alina Cho. Kiran has the morning off. Here are the big stories we're going to be telling you about in the next 15 minutes.
There's growing concern along the gulf coast this morning as Hurricane Ida closes in. The storm is already responsible for more than 120 deaths in El Salvador. Right now, warnings are up from Mississippi to Florida and a state of emergency is in effect in Louisiana. We'll have a live report just ahead.
ROBERTS: Democrats finally passed a health care reform bill in the House but it contains a government-run public insurance option and that means there is little chance that it will get through the Senate. We're live in Washington with the new fight that's taking shape today.
CHO: And new developments this morning in the Fort Hood shootings as investigators wait to question the accused gunman. We are learning he has ties to the same mosque as two of the 9/11 hijackers. Also questions continue to mount over warning signs that may have been missed. We're live in Fort Hood.
ROBERTS: But we begin this morning with a developing story and the gulf coast on edge as hurricane Ida pushes closer to the United States. The storm weakened slightly overnight to a Category one hurricane packing 90 mile-an-hour winds. Hurricane warnings are up from Mississippi all the way east of Florida and Louisiana taking no chances. Governor Bobby Jindal already declaring a state of emergency there.
Our Reynolds Wolf live at the weather center in Atlanta. He's tracking the extreme weather this morning. What's the latest on Ida, Reynolds?
REYNOLDS WOLF, CNN METEOROLOGIST: Well, the latest on Ida, John, is that the storm has weakened a little bit since in the last couple of updates. It has gone from a category two to a category one. It is a minimal hurricane.
If you look at it from this vantage point, it does not have the same structures as you often see in so many of the storms. The eye is not discernible. At this point we've got some very strong upper level winds. These winds refer to a sheer which are really damaging the structure, but something else the storm is dealing with, is much cooler waters making its way to the north.
Winds are currently 90 gusting to 115 miles per hour and as we speak, we already have hurricane warnings in effect from Pascagoula back over to Indiana Pass in Florida. Pascagoula, of course, in Mississippi. This is your hurricane warning area.
We're still seeing some issues with some heavy surf that you may be dealing within places as far as, say, Tampa, and maybe even towards up parts of the Louisiana coastline. As we put this into motion, the very latest that we have is the storm is expected to continue to stay right around the category one, makes its way to the north and then it's going to veer off more to the east. Still weakening as it passes right near Pensacola as we get into early Tuesday morning at 1:00. Then 1:00 a.m. on Wednesday, we could see it as a tropical storm with winds around 40 miles per hour.
What's interesting though with this, John, is that we could see this going from really a wind and rain event to a potentially a flooding event for a good part of the southeast including Atlanta that could see over maybe five, even six inches of rainfall. Back to you.
ROBERTS: Wow. That's an awful lot of rain on top of what you got. But in terms of storm surge, what are we looking at, Reynolds, that area along the gulf coast from Pensacola east to the Big Ben area of Florida? They're very, very. very flat.
WOLF: Absolutely. I would say possibly three to six feet in some locations but I mean, if it ends up being at a time where it coincides with the high tide, of course, it could be worse in some places. So one thing is really interesting about this. You'll remember this same area was affected back in 2004 by Hurricane Ivan, Ivan the terrible. So they're a little bit shaky there and with good reason with this particular storm.
ROBERTS: All right. Reynolds Wolf for us this morning. Reynolds, thanks so much.
WOLF: You bet.
CHO: Now to health care reform and for Democrats a brief moment of victory this weekend. Their version of health care reform complete with a government-run public insurance option finally passed the House, but you won't see much celebrating this morning. Republicans say the measure in its current form is basically dead on arrival as it moves to the Senate.
Our Brianna Keilar is live in Washington for us this morning. So, Brianna, good morning. What is next? BRIANNA KEILAR, CNN CONGRESSIONAL CORRESPONDENT: Well, Alina, it is next on to the Senate where Democratic leaders are struggling to find support for their own government-run insurance plan, one that significantly more watered down than the one that passed the House this weekend and that is the reality that will quickly put a damper on Democrats' spirits after Saturday's historic and very narrow vote.
(BEGIN VIDEOTAPE)
KEILAR (voice-over): After a weekend of arm twisting, it was praise from the president.
BARACK OBAMA, PRESIDENT OF THE UNITED STATES: Moments like this are why they sent us here. To finally meet the challenges that Washington has put off for decades. To make their lives better and this nation stronger.
KEILAR: When the final vote was tallied, Democrats cheered.
Across the aisle, silence. And after the vote, the member of the Republican National Committee came out swinging against the bill's government-run insurance plan.
MICHAEL STEELE, RNC CHAIRMAN: This is a government takeover of our health care system. It is unnecessary.
KEILAR: The bill would extend health insurance coverage to 36 million uninsured Americans. It would create a government-run insurance program and require every American to buy insurance or pay a fine. Businesses with payrolls over $500,000 would be required to offer employees insurance or pay a fine. It would expand Medicaid and give federal subsidies to low income and middle class Americans to help them buy insurance. The bill would also stop insurance companies from denying coverage because of a pre-existing condition or dropping people when they get sick.
REP. CHRIS VAN HOLLEN (D), MARYLAND: The message was clear. It's time to begin to fix what has been a broken health care system for millions of Americans.
KEILAR: Nonpartisan congressional number crunchers estimate the House version would cost nearly $1.1 trillion over 10 years. Cuts to Medicare and tax increases on wealthy Americans would pay for the provision. Thirty-nine Democrats voted against the bill and only one Republican voted for it.
REP. MIKE PENCE (R),INDIANA: Nancy Pelosi last night said that they were answering the call of history. Like I've got to tell you, Democrats keep ignoring the American people. Their party is going to be history in about a year.
(END VIDEOTAPE)
KEILAR: It is those midterm elections looming just around the corner that Congressman Pence is talking about there. And with that in mind, that government-run insurance plan really a tough sell for moderate Democrats in the Senate justice in the House. And Senate Leader Harry Reid is actually settled on a bill that includes that public option that it would allow states to opt out of it. So a weaker version, Alina.
CHO: All right. Brianna Keilar live for us in Washington this morning. Brianna, thank you.
John?
ROBERTS: There are also new developments this morning in the shootings at Fort Hood, Texas. Sixteen of the victims remained hospitalized at this hour, seven of them in intensive care. The suspected shooter, meantime, Major Nidal Malik Hasan, is off of ventilator and breathing on his own. Also this morning, the FBI is looking at whether Hasan attended the same suburban Washington mosque as two of the September 11th hijackers back in 2001.
And Senator Joe Lieberman says he plans to launch hearings into the Fort Hood shootings to see if the Army missed any critical warning signs. Our David Mattingly is live in Fort Hood, Texas, for us this morning with the latest.
Good morning, David.
DAVID MATTINGLY, CNN CORRESPONDENT: Good morning, John. That two-story barricade you see behind me was a (INAUDIBLE) over the weekend in preparation for tomorrow's memorial service here at Fort Hood. In the meantime, Army investigators are being very clear saying they have yet to determine the motive for the shooting rampage.
(BEGIN VIDEOTAPE)
MATTINGLY (voice-over): The intense investigation into the deadly Fort Hood shooting spree remains largely shrouded in violence. But it's clear, this is a tragedy that hits too close to home.
JOHN ROSSI, FT. HOOD SPOKESMAN: The tragic part of it is happened here in our own house, and that's the piece that most are troubled with right now is the location of where it happened and how could that happen?
MATTINGLY: The prime suspect, Major Nidal Hasan, removed from his ventilator is breathing on his own and in critical condition. Outside Fort Hood, the FBI is seeking out Hasan's friends and fellow Muslims.
SAYED AHMED ALI, IMAM: On Wednesday night, there was a party dinner. I think six, seven people are invited. In that party, Nidal also there. So, he asked me who, can you give me the names? So I give the names to the FBI.
MATTINGLY: Osman Danquah (ph), a co-founder of the mosque where Hasan prayed tells "The Associated Press" that the Army psychiatrist was deeply conflicted for months about his duty to the Army and fighting against Muslims. Danquah (ph) says he told Hasan, "There's something wrong with you." But did Hasan, a doctor working with posttraumatic stress patients ever seek help from the Army? Questions continue to mount about any warning signs that may have been missed.
(BEGIN VIDEO CLIP)
JOHN KING, CNN CHIEF NATIONAL CORRESPONDENT: Is there any record that he actually requested to be let go?
GEORGE CASEY, FMR. COMMANDING GENERAL, MULTI-NATIONAL FORCES IN IRAQ: John, again, I can't get into anything dealing with the motivations of the suspect and that will all come out in the course of the investigation.
(END VIDEO CLIP)
(END VIDEOTAPE)
MATTINGLY: The Army now concerned that any anger over the shootings might somehow translate into a backlash against Muslim soldiers. Top Army leaders are being very vocal about that trying to make sure that doesn't happen -- John.
ROBERTS: David Mattingly for us at Fort Hood.
And stay with us this morning, we'll be breaking down the story all morning long with A.M. original reporting in about 15 minutes. Our Jim Acosta looks at how the entire military is pulling together in the wake of the shootings. We're also talking to Frank Spinner, a man who has represented soldiers in high-profile military cases, and our Carol Costello looking into concerns of a potential backlash against Muslims in the military.
CHO: Also new this morning, a new push to make sure your kids' school lunches are safe. Listen to this, a California lawmaker worried about a recent E-coli outbreak linked to ground beef is now calling for an investigation. Two people have died, dozens sickened in 11 states. Now, no schools were involved in the outbreak, but Representative George Miller is concerned that some tainted food may have been bought for school meal programs.
ROBERTS: May not qualify as a trend, but we'll take it. AAA reporting that gasoline prices have dropped for a fourth straight day and the national average for unleaded regular $2.66 a gallon. That's a penny less than yesterday and down three whole cents from last week. Gas prices, though, are almost 20 cents higher than they were just a month ago.
CHO: And "Minding Your Business", your Christmas comes early at the box office. Jim Carrey's new movie, "A Christmas Carol," made $31 million in its debut weekend. Number one at the box office. The Michael Jackson documentary "This Is It" went to second place followed by "The Men Who Stare at Goats."
ROBERTS: Well, we're going to be taking a look at new angles in the Fort Hood shooting. Senator Joe Lieberman wants his Homeland Security Committee to take a look at whether red flags were missed ahead of Thursday's massacre. Were there some red flags there and did Major Hasan sort of fall through the cracks? We'll talk to a Congressman and a retired Navy commander, both of whom have long experience with military psychology right after the break.
It's 10 minutes after the hour.
(COMMERCIAL BREAK)
ROBERTS: Welcome back to the Most News in the Morning. As the shock subsides, the investigation into the deadly attack on Fort Hood is growing as we speak. Agents are combing through Major Nidal Hasan's past, looking to see if red flags were missed.
Joining me now to talk more about this, Republican Congressman Tim Murphy of Pennsylvania. He is also a lieutenant commander and psychologist with the Navy Reserves, and retired Navy Commander Mark Russell who spent years as a military psychologist.
Gentlemen, good to see both of you this morning. Mark, let's start with you. Do you believe, in your experience, were there any red flags here, from what you know of this case, that might have been missed along the way?
MARK RUSSELL, RETIRED NAVY COMMANDER: Well, John, it's certainly, from what I know, there were many red flags. And some of which I have a lot of personal experience with in my dealings with what is called a combat or compassion (ph) fatigue or professional burnout.
ROBERTS: And what were some of those signs, do you think?
RUSSELL: Well, there were reports of his feeling socially disconnected and isolated from others. There's a sense of erratic behavior that has come up. There's questions about from colleagues about his performance and his annual performance appraisals where it sounds like substandard.
ROBERTS: Yes. Yes.
RUSSELL: And, so, there was certainly a number of red flags that just from the little bit I know, I could certainly say that were present.
ROBERTS: And Congressman Murphy, there are some red flags that Senator Joe Lieberman thinks might have been missed that's why he wants his Homeland Security Committee to hold hearings into it.
This is what Senator Lieberman told Fox News over the weekend. He said, "We don't know enough to say now, but there are very, very strong warning signs here that Dr. Hasan had become an Islamic extremist and, therefore, that this was a terrorist act."
He says that those signs might have been enough to have prompted the Army to discharge Hasan. From what you know of the military, your experience in the Navy there and as a member of the reserves, is there the structure in place to be able to identify someone like that and go to them and say, hey, listen, if you don't change your ways, we're going to kick you out of the military.
REP. TIM MURPHY, LT. COMMANDER OF MEDICAL SERVICE CORPS IN THE NAVY RESERVES: Well, the Congress has appropriated several billions of dollars to work with PTSD and increase it over the last couple of years. And the military has made some remarkable changes. From Chairman Joint Chief of Staff Admiral Mullen on down, they really set more focus on dealing with PTSD, perhaps identifying as many as 80 percent of the cases. That being said, the concern is from Iran study, there maybe as many as 200,000 cases of depression, PTSD, anxiety disorders and other mental illnesses that may come from a wide range of things.
But the point is, we still have a great deal to learn about the shooter here. What were his motives? What was the combination of factors involved? And we're going to learn a lot more as time goes on.
ROBERTS: Yes. Mark, people talk about this idea that so much of the focus when it comes to counseling for either posttraumatic stress disorder or just basic stress is focused on the troops, but then there's the counselors as well and is anyone counseling the counselors? You mention this idea of compassion fatigue which you experienced while you were stationed in Japan. What were the circumstances that you were working on under there?
RUSSELL: Well, my family and I were -- were stationed there from July 2005 to July 2009 and I was stationed at a marine base in rural Japan. I was the only psychologist on a base of about 6,000, which includes the family members as well as contractors.
The work load basically doubled every year. There was a big push to continue to increase productivity. At the same time we were pulling people out of Japan to go to the front lines and I would end up having to go to other bases and provide coverage.
ROBERTS: So -- so you yourself were feeling pretty stressed?
RUSSELL: Yes, absolutely. I had trouble sleeping, chronic fatigue, being on edge and tense, lost about 20 pounds and experienced some headaches. It got to a point sometimes where thoughts of -- of death or occasionally even suicide...
ROBERTS: Really? Oh my goodness.
RUSSELL: Entered my mind.
ROBERTS: Well, Congressman Murphy, you heard what Mark Russell had to say there and across the military, as -- as you pointed out, there are so many cases of people suffering from traumatic stress and -- and the rates of suicide are on the increase. I personally know a military commander whose son committed suicide after he came back from a deployment overseas.
The military, as you pointed out, has launched this big PTSD initiative, but there still don't seem to be enough resources. Why?
MURPHY: Well, there needs to be quite a few resources, but the military is making some real positive strides in that direction. Certainly there's a need for more people in the mental health fields. There have been issues like this -- excuse me -- issues like this for the military since the time the first soldier put on a uniform but we're becoming more aware of it.
The thing is it's important to keep in mind that just because someone serves they're going to have this issue and it's important for everybody to know you can get better from it. You could seek treatment. For those involved in the mental health field, it's also important that we don't ignore them because even though they may not be on the front line of battle, anybody, whether driving a truck or at the tip of the spear, can have issues they're going to have to deal with and what's important is they need to continue to seek that help and they can get better.
ROBERTS: All right. Congressman Tim Murphy and Mark Russell, thanks so much for joining us this morning. We really appreciate hearing from you.
All right -- Alina.
CHO: Coming up, new signs of life in the housing market. What does that mean if you're buying or selling your home? We're going to break down the numbers. Our Christine Romans is "Minding Your Business" after the break.
It's 18 minutes after the hour.
(COMMERCIAL BREAK)
CHO: Welcome back to the Most News in the Morning.
A new report out today says the housing market might be improving. Our Christine Romans is "Minding Your Business." Really?
CHRISTINE ROMANS, CNN BUSINESS CORRESPONDENT: It's not improving, but at least stabilizing, and stabilizing is the new good news, you know, in this -- in this new normal of an economy. Fewer of you are under water on your mortgage.
A couple years ago we didn't even know what that meant -- under water. It was so rare to owe more on a home than the home was actually worth. Now many, many of you are and 21 percent of you owe more than the home is worth. That is an improvement. It was 23 percent last quarter. This is according to Zillow. So fewer of you are under water on your loan.
Home prices, year over year, down 6.9 percent. That means in the third quarter this year, compared with last year, home prices are down 6.9 percent, but if you look at the second quarter to the third quarter, they're flat, and that's what people are looking for. The very near term. Are you starting to see those big price depreciations go away?
I want to show you a map here. This is going to show you some parts of the country that are still -- you can see the red. Every month I tell you about these places, Stockton, California, Merced, California, Las Vegas, El Centro, Fort Myers -- these places, it's just devastating what's happening there.
CHO: Merced especially.
ROMANS: Yes. Two years ago, the average home in Merced was $344,000. Today it costs $96,000. Imagine how much wealth has evaporated there.
But here is where you're seeing the stabilization in a lot of places around the country. Fayetteville, North Carolina, home prices up 10 percent. Cumberland, Maryland; Gainesville, Georgia; Rochester, New York; Green Bay, Wisconsin, you are seeing year over year gains in some of those places.
ROBERTS: It's nice to see at least some areas going up. Have you got a Numeral for us this morning?
ROMANS: I do. It's eight days, and this has to do with something she and I were just talking about in the break, how -- We were talking about GDP growth. The economy is growing. Now, what? 10.2 percent unemployment? You know, this -- this number from Friday.
CHO: It's all so (ph) confusing.
ROMANS: In eight days, we went from the president's best economic news of his --of his presidency to the worst economic news of his presidency. Ladies and gentlemen, what has happened the last eight days, we're going to play this out over and over again over the next year, maybe two years.
ROBERTS: You wonder why his hair is going gray.
ROMANS: You're not going to see the unemployment rate start to come down until we have sustained economic growth, and according to the Treasury secretary this weekend, we had just started economic growth.
CHO: Well, is it a chicken or an egg thing, though? I mean, are we going to -- we wouldn't see growth until we have jobs, too, right? I mean, it's...
ROMANS: And it's -- it's complicated and it's painful. You're going to be hearing things like stabilizing house market! Great! But it is not great. The job situation is not great. It hurts. Friday's number was a body blow and that's -- it's -- it's a very difficult situation.
I think politically, for this White House, it is too. In eight days they had the best economic news and the worst economic news of this presidency.
ROBERTS: Things can change quickly.
ROMANS: It's definitely true.
ROBERTS: Yes. Christine Romans...
CHO: But (INAUDIBLE) the new normal?
ROMANS: This is a new normal. It's going to be complicated and painful.
ROBERTS: Christine Romans "Minding Your Business" this morning. Christine, thanks so much.
Fort Hood, Texas, a community in mourning. There is a big memorial service planned for tomorrow. The president will attend.
Meanwhile, how the army family is trying to pull together to get back to some semblance of normal. We'll have that coming up for you right after the break.
It's 24 minutes now after the hour.
(COMMERCIAL BREAK)
CHO: Welcome back to the Most News in the Morning.
They are images of unity, touching images. Members of the Fort Hood community coming together for a candlelight vigil over the weekend to remember the 10 men and 3 women allegedly shot by one of their own.
ROBERTS: The victims ranged in age from 19 to 62. They were sons and fathers, daughters, even a mother to be. Now, as the struggle to heal begins, the army family is pulling together more than ever.
Our Jim Acosta is live. He's at Fort Hood this morning with an "AM Original" and, Jim, you're seeing that coming together first hand there.
JIM ACOSTA, CNN CORRESPONDENT: We really are, John and Alina. We got an up close look at something called The Family Readiness Group. It's an organization made up of soldiers' families and the family writing (ph) this group answers the call whenever a soldier is harmed or killed on the battlefield, and sometimes they answer that call when a soldier is harmed here at home.
(BEGIN VIDEO TAPE)
ACOSTA (voice-over): To call this comfort food would be an understatement.
AMANDA GAULT, WIFE OF FORT HOOD SOLDIER: The army is a family. It's one big family. And so, you know, it's what we do for one another.
ACOSTA: One by one, cars filled with military wives and their children unloaded enough food to feed an army, specifically the 20th Engineer Battalion which lost four soldiers in the Fort Hood Massacre. Then, they made house calls, stopping at the homes of some of the survivors.
Private First Class Joseph Foster was shot in the hip. He hobbled out of his home with his wife and his 6-week-old daughter. The military asked the survivors to refrain from discussing what they saw, so they told us how they feel.
Did you ever think anything like this like would happen on American soil?
PVT. JOSEPH FOSTER, 20th ENGINEERING BATALLION, FORT HOOD: You know, not here at home, but, as we've seen, anything's possible. We are at war.
ACOSTA: His wife, Mandy, has seen enough to know she doesn't want him to leave for a scheduled deployment to Afghanistan in January.
Mandy, do you want him to go?
MANDY FOSTER, JOSEPH FOSTER'S WIFE: No. Not at all.
ACOSTA: Other wives are also coming to grips with just how fortunate they are to have their husbands counted among the survivors.
KANEESHA HOWARD, WIFE OF MASSACRE SURVIVOR: Thank you, all. My prayers goes out to the families that lost their loved ones.
ACOSTA: Mixed with that grief, there is also anger. The commanding officer of the Engineer Battalion says his soldiers will deploy as scheduled, with a renewed sense of mission.
LIEUT. COL. PETE ANDRYSIAK, 20TH ENGINEERING BATTALION: (INAUDIBLE) no different about this whole (INAUDIBLE). I suppose they're (ph) angry, let down by anybody? Did anybody predict this? Absolutely not.
ACOSTA: Now that the people of Fort Hood are doing their part to get this community back on its feet...
Is that cane military issue?
J. FOSTER: No. No. This is -- this is something that I had for show but that actually kind of came in handy.
ACOSTA: Private First Class Foster is eager to lose the cane.
J. FOSTER: It's like a giant family. When -- when we get -- when anything like this happens, we -- we just get stronger. We become better united.
(END VIDEOTAPE)
ACOSTA: And they're doing more than just delivering food to the family. As the commander of that Engineer Battalion says, offers are pouring in to raise money for a scholarship fund for the soldiers' families -- John, Alina. ROBERTS: It's -- it's pretty incredible, Jim, the way that they pulled together after something like that because many of those people, Joe Foster included, are headed for Afghanistan in January.
ACOSTA: They've had a lot of practice at it, John. It's something that they do when tragedy strikes here on American soil or if it happens overseas.
ROBERTS: All right. Jim Acosta for us in Fort Hood this morning. Jim, thanks so much.
Just about half past the hour now and checking our top stories this Monday morning. Hurricane Ida weakening to a Category 1 storm overnight but it still poses a threat to the Gulf Coast, packing winds of 90 miles an hour. Ida could make landfall as early as tomorrow morning. It is the first Atlantic hurricane to target the United States this year, the storm being blamed for more than 120 deaths in El Salvador.
CHO: Threat of war, tensions rising between Venezuela and Columbia. Venezuela's president Hugo Chavez is ordering his military to get ready for battle, even reportedly sending some 15,000 troops to its western border. At issue here, new military ties between Washington and Columbia to fight the war on insurgents and drugs.
ROBERTS: All right, listen up to this one. Pedophiles could be storing child porn on your home computer. It's happening to a lot of innocent people. An Associated Press investigation has uncovered cases of Pedophiles and pranksters using viruses to penetrate and store illegal images on other people's PCs. Some unsuspecting victims have been arrested and forced to spend hundreds of thousands of dollars to defend themselves and prove their innocence.
CHO: Incredible.
Returning now back to our big story this morning. The shootings at Fort Hood, Texas. The very latest now. The alleged gunman, Major Nidal Hasan, is still in critical condition, but is off a ventilator. And authorities are now moving forward with the legal case against him. So, what can we expect on that front?
Frank Spinner is a defense attorney. He has represented U.S. soldiers in lots of high-profile cases, including the Abu Ghraib prison scandal.
Mr. Spinner, thank you so much for joining us this morning. You know, this is such a high-profile case. There is so much floating out there. And there's already so much public anger, frankly, against Major Hasan.
How do you build a case against him? Walk me through the process.
FRANK SPINNER, CIVILIAN DEFENSE ATTORNEY FOR MILITARY CASES: Well, when you serve as the defense council, you're basically doing the same thing that the investigators do. You have to go back, interview witnesses, look at the history of your client and get as much information as you can to decide how you're going to defend the case.
CHO: Let's talk a little bit about a military court versus a civilian court. You know, you're talking about a soldier allegedly attacking and killing other soldiers, presumably this would go to a military court, but there is a caveat, which was interesting when I read this. If civilian prosecutors determine that Major Hasan was part of a terrorist plot, this would then move to federal criminal court.
So, you know, you hear a lot about military courts, military tribunals, what exactly practically speaking is the difference between a military court and a civilian court?
SPINNER: Well, in a military court, you're judged by other soldiers and they all have to be senior in rank to the accused. So it's not a panel or jury of your peers, so to speak. And that's probably the biggest difference right there.
CHO: You know, as I alluded to in the beginning, you know, there's just so much information floating out there. Reports that Major Hasan allegedly had an Internet posting justifying suicide bombing. There are reports that he shouted, "God is Great" in Arabic just before opening fire. And the latest reports out of the "Washington Post" that he was a member of the same mosque as two 9/11 hijackers.
With all of that out there, Mr. Spinner, how do you defend a guy like this?
SPINNER: Well, I think the first thing is that everybody just needs to step back and take a deep breath. I have learned in other high-profiled cases that what you initially hear in media reports may be inaccurate. And so people just need to step back, realize that this was a soldier, too. That he has his history and there are explanations about what brought this about, but not to rush to judgment.
CHO: And along those lines, if there is a case to be built against him, and certainly his lawyers are working, I'm sure, very feverishly on that, is there the potential there for an insanity defense?
SPINNER: Well, that's always one of the things that you will look at. The mental responsibility. And given that he's a psychiatrist, and certainly he's had this history, apparently, of treating soldiers with post-traumatic stress disorder, I think that, that will be closely looked at by whomever represents him.
CHO: Well, you talk about that. Do you make that, hypothetically speaking, a big part of your case?
SPINNER: Well, it just depends. I mean, you follow the facts where they lead you as a defense council. And if that looks like a viable defense, then you have an obligation to pursue it. But, also, at the same time, it may not turn out to be a viable defense, and so, you have to look at other possibilities.
CHO: And just lastly, what practically speaking are the next steps going forward then?
SPINNER: Well, really, the investigation has to be completed, and then the staff working with the commanding officers have to decide what kind of charges, if any, that they're going to prefer against him. And the formal charging process is called Preferral of Charges.
CHO: Frank Spinner, defense attorney in lots of high-profile military cases. We thank you for joining us with your perspective on this.
SPINNER: Thank you.
ROBERTS: Coming up now on 35 minutes after the hour.
Pilot fatigue has been cited a number of times in incidents that occur with aircraft. There was the Colgan Airways crash outside of Buffalo. The pilots apparently were fatigued. There was that Go Hawaiian Airlines incident where the pilots both fell asleep and flew past Hilo. So what do you do about pilots if they're tired?
CHO: If you're taking a nap on a flight as a passenger, that's a great thing, but as a pilot?
ROBERTS: Yes, not as a pilot. But what about the concept of allowing the pilot to have a nap mid-flight. Our Allan Chernoff explores that coming up next. Stay with us.
(COMMERCIAL BREAK)
CHO: Great song. Thirty-nine minutes after the hour. Welcome back to the "Most News in the Morning."
Back in February, you may remember this. A Continental commuter plane nose dive into a house in Buffalo, New York, sparking a fiery explosion that killed all 49 people on board. You know the cockpit transcript showed that pilot fatigue played a big role in that accident.
ROBERTS: And since that incident, it's come to life that pilots are clocking more hours these days and in some cases flying tired. Remember there was the Go Airlines flight in Hawaii, where both pilots fell asleep and flew past their destination.
So should the FAA allow pilots to rest mid-flight so that they're more alert when they land? Had a little nap in the middle of a flight.
Senior correspondent Allan Chernoff has got more in an "A.M. Original" this morning.
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ALLAN CHERNOFF, CNN SENIOR CORRESPONDENT (on camera): May sound crazy but so-called controlled naps that are limited to no more than 40 minutes for one pilot at a time have been proven effective in addressing pilot fatigue, and now the FAA is considering whether to permit naps in the cockpit.
(voice-over): NASA studied the idea of pilot naps here at its Silicon Valley Research Center 20 years ago, and found naps to be effective and safe in reducing pilot fatigue.
CURT GRAEBER, FORMER NASA SCIENTIST: The FAA paid for that research and we sound very clearly that the nap really improved performance and alertness of the flight crews.
CHERNOFF: Now an airline industry advisory committee has told the Federal Aviation Administration, "We recommend that the FAA endorse controlled cockpit napping."
UNIDENTIFIED FEMALE: Power napping, which we often refer to it as, can help increase physiological alertness and sleepiness. And so, it is a strategy that can be used to help mitigate and manage fatigue during any 24/7 environment.
CHERNOFF: Foreign carriers, including British Airways and Air Canada for years have permitted naps on longer flights allowing one pilot to rest in the cockpit while the other pilot mans the controls. Aviation scientists say that helps ensures both pilots are fresh for their biggest challenge. Approach and landing.
GRAEBER: We want crews to be well-rested and alert on the approach and landing. The idea of a controlled rest in the flight deck helps that happen. It's a safe guard.
CHERNOFF: But some pilots feared their managers could force them to work even harder if naps were permitted.
JAMES RAY, CAPTAIN, US AIRWAYS: I believe that airline management would certainly push pilots, if napping were allowed in the cockpit, they would tell pilots, you know, I don't care if you're fatigued or not, just go ahead and jump in the cockpit and go fly. And, you know what, now you can take a nap, so you'll be fine.
CHERNOFF: In fact, the Airline Advisory Committee is recommending the FAA allow pilots to fly more consecutive hours during daytime to increase the current eight-hour limit. In return, airlines would reduce the hours pilots had to be on duty so they can get a good night sleep. The National Transportation Safety Board says pilot fatigue has caused numerous accidents and mishaps. For 19 years fatigue has been on the safety board's most wanted list of urgent safety issues that need to be addressed.
DEBORAH HERSMAN, NTSB CHAIRMAN: It is beyond overdue. It is needed right now. We can't wait another year.
CHERNOFF: Indeed, FAA regulations on pilot flight and duty time are decades old and do not consider the scientific studies on napping that were done 20 years ago. FAA's new administrator Randy Babbitt, a former pilot, has put the issue of pilot fatigue on the fast track. He and his staff are evaluating the advisory committee recommendations. He says he plans to issue new proposed rules by the end of the year.
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CHO: It's an interesting proposal, you know. Then there are the detractors who say there's really no substitute for eight hours of sleep and more time between flights.
ROBERTS: Yes. Although, if you look at, you know, look over history, some of the most brilliant people, Da Vinci, Edison, Einstein, they all lived by the power of naps.
CHO: John Roberts.
ROBERTS: No, I can't power nap. I probably can particularly in airplane. So it's fine for one pilot to nods off, but I guess every once in a while, you know, the one pilot nods off, the other one gets a little comfortable.
CHO: The other one has nobody to talk to.
ROBERTS: Yes. How do you make sure the other one stays awake.
CHO: That's right.
Well, we want to know what you think about this.
ROBERTS: Yes.
CHO: That's right. So should pilots be able to grab a quick nap in the cockpit? Sound off on our blog. That's at CNN.com/AMFIX.
ROBERTS: So, you know, over the weekend, army has expressed concerns about backlash against Muslim soldiers in the wake of the shootings at Fort Hood. And, you know, when you talked to Muslims who are enlisted in the military, you get a lot of stories from them about how they are mistreated and harassed and really made to feel horrible.
CHO: Yes. It's interesting. There was a report in "The New York Times" this morning that said that one Muslim soldier said he was -- it gave him great pause when he thought about firing a weapon against another fellow Muslim and that possibility. So, there are a lot of questions and a lot of concerns out there.
ROBERTS: We don't know yet exactly what happened with Major Nidal Hasan. But our Carol Costello has been looking into this whole idea of what it's like to be Muslim in the military. She's got more coming back right after the break.
Forty-four minutes now after the hour.
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ROBERTS: Welcome back to the Most News in the Morning. The massacre at Fort Hood has many people fearing a backlash against America's Muslim soldiers. Thirteen people were killed, a dozen more injured last week when army psychiatrist, Nidal Hasan, allegedly opened fire on his fellow troops. Hasan is Muslim. His motive remains unknown. Our Carol Costello live in Washington this morning with an "a.m. original" and army leaders, even the President, are worried about a potential backlash here -- Carol.
CAROL COSTELLO, CNN CORRESPONDENT: They are, John. The army's chief of staff is worried about backlash against Muslim soldiers. General Casey saying as great as tragedy as it was, it would be a shame if our diversity became a casualty, as well. If something that deeply worries many Americans who are Muslim and have made the ultimate sacrifice.
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COSTELLO (voice-over): Elsheba Khan visits Arlington National Cemetery every Sunday without fail. Her son, Army Corporal Kareen Rashad Sultan Khan killed by a roadside bomb in Iraq is buried here.
ELSHEBA KHAN, SON KILLED IN IRAQ: He's a Muslim and he was (INAUDIBLE) the county. It doesn't matter what.
COSTELLO: Khan is worried there will be a backlash against Muslim American soldiers. She knows some are already reaching conclusions as to why Major Nidal Malik Hasan allegedly opened fire on his fellow soldiers. The write wind website, Pajamas Media is an example.
Phyllis Chester writing, "I knew in my bones that the shooter or shooters were Muslim. We must connect the dots before it's too late." The suspicion about Muslims, even those born in the United States intensified after 9/11. It's the reason Khan's American-born son joined the army as soon as he turned 18, telling his parents --
KHAN: I'm a citizen. I protect my country, whoever is there in the country. It doesn't matter race, whatever.
COSTELLO: And Kareen Khan did that. Awarded a bronze star, a purple heart, and an honored place at Arlington National Cemetery. A picture of Khan's tombstone with symbols of his religion and patriotism so touched General Colin Powell. He used the image to open minds about Islam when he endorsed Barack Obama during the 2008 presidential run.
GENERAL COLIN POWELL, FORMER SECRETARY OF STATE: Is there something wrong with being a Muslim in this country? The answer is no, that's not America.
COSTELLO: House acknowledgement of her son's service profoundly touched Khan.
KHAN: When he mentioned my son, and he mentioned his full name, and he pronounced it correctly. I was like the proudest mom that day.
COSTELLO: President Obama also honored Kareem Khan, and Khan's fellow soldiers have written her glowing accounts of Khan's outstanding service to country.
KHAN: I don't like him when he touched on anything.
COSTELLO: Of course, the public outpouring has quieted now. Still, Khan keeps her son's medals and his pictures on display in her home, and every Sunday, she visits him, now praying her fellow Americans will not pass judgment at all Muslims because of the actions of one man.
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COSTELLO (on-camera): Roughly 3,500 American servicemen and women are Muslim and if you ask the U.S. Marine corps if concerned about that, 1st Lt. Josh Deese told us bluntly, the corps has not seen any trends that indicate individuals are any more likely to be involved in an incident based upon their religion -- John.
ROBERTS: Here's something I am wondering about, Carol, that this clash of cultures in the military when a Muslim enlists in the military, I have heard many stories that they have been harassed, that a lot of pressure has been put on them, and they're just not made to feel welcome. Did Kareem Khan -- has Kareem Khan experienced any of that?
COSTELLO: Kareem Khan did experience that, but as his mother told me, you know, he was a good soldier, and he earned the respect of his fellow soldiers and that eventually stopped. He joined the service because he was Muslim and because he was American, and he wanted to defend both his religion and his country because Muslims, in his mind, you know, don't carry out suicide bombings.
ROBERTS: Yes, exactly. All right. Great story this morning. Carol Costello for us from Washington. Carol thanks so much. And what do you think? Do you think that there's going to be a backlash against America's Muslim soldiers because of the massacre at Fort Hood? You can comment on Carol's story on our blog. It's cnn.com/amfix.
CHO: Yes. Lots of questions. Really, really fascinating. You know, over the weekend, as you know, John, the House narrowly passed their version of health care reform, but they're not breaking out the champagne yet.
It's moving to the senate. Republicans are already saying it's dead on arrival. So what is next? Our Brianna Keilar will be live in Washington for us.
ROBERTS: And we are launching a brand-new series this week. The future of the Republican party, the GOP, the next chapter. Who are the leaders of the future? Are we looking at one right there? We'll tell you coming up. A 51-1/2 minutes after the hour.
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ROBERTS: Welcome back to the Most News in the Morning, and the sun coming up this morning over New York City. Forty-eight degrees going up to a high of 66 expected to be mostly sunny today. The beautiful weather that we had yesterday continues again. Look at that amazing sunrise. That's beautiful. My goodness.
Fast forward now to the stories that we'll be following for you later on today here on CNN. At 7:00 p.m. Eastern, President Obama and Israeli Prime Minister Benjamin Netanyahu trying will meet at the White House. The president trying to kick start peace talks between the Israelis and the Palestinians.
Vice President Joe Biden travels to Detroit this morning to attend a democratic party fund-raiser for the state's freshman congressman. The vice president will also meet with Michigan Governor Jennifer Granholm to discuss jobs and the economy.
And we have not even celebrated Thanksgiving yet. In fact, it's still the better part of three weeks away, but we're talking Christmas. Right now, the Capitol's Christmas tree beginning its journey to Washington. The 85-foot blue spruce was cut down over the weekend in Arizona. It's the first time that Arizona has provided a tree for the Capitol's West lawn.
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CHO: I was in a store the other day, you know, and they started playing Christmas music, and I said, I'm sorry, what? They used to wait until thanksgiving, but you know, retail sales need a little lift.
ROBERTS: In this economy, you know, it's the help they can get. Next, next year they're going to go to New Mexico and get a big swarrow cactus (UNINTELLIGIBLE)
CHO: Good idea. Hey, it could work.
You know, it's hard to believe. You remember obviously when Ronald Reagan said, Mr. Gorbachev, tear down that wall. It's hard to believe that it's been 20 years since that happened. Today does mark the 20-year anniversary of the fall of the Berlin Wall. Watch.
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CHO (on-camera): Seems like yesterday, but a lot has happened in those 20 years. The fall of the wall reunited families who have been apart for three decades, and symbolically, freed Eastern Europe from communist rule and that marked the beginning of the end of the cold war. Later today, Secretary of State Hillary Clinton will join world leaders in Berlin to celebrate the anniversary.
ROBERTS: It's amazing how quickly 20 years goes by, isn't it? Pretty incredible.
Still a lot to come this morning. What could be the toughest chapter yet in the fight for health care reform plus hurricane headed towards the Gulf Coast, and we're talking to a survivor from the Fort Hood shooting spree. All of that coming your way in 90 seconds. Stay with us.
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