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Obama Urges Congress to Slow Down on Ft. Hood Shooting Investigation; Health Care Reform Bill, New York Civilian Court 9/11 Trials

Aired November 14, 2009 - 12:00   ET

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


RICHARD LUI, CNN ANCHOR: And first this hour for you right here on CNN NEWSROOM, the Fort Hood shooting investigation. President Obama is urging Congress to slow down and take a deep breath. He says lawmakers should not look into intelligence failures until police and military officials complete their work at Fort Hood. Mr. Obama has already ordered his own intelligence review of Major Nidal Hassan, the alleged gunman.

(BEGIN VIDEO CLIP)

BARACK OBAMA, PRESIDENT OF THE UNITED STATES: If there was a failure to take appropriate action before the shootings, there must be accountability. Beyond that, and most importantly, we must quickly and thoroughly evaluate and address any flaws in the system so that we can prevent a similar breach from happening again. Our government must be able to act swiftly and surely when it has threatening information, and our troops must have the security that they deserve.

(END VIDEO CLIP)

LUI: Now, several of the 13 Fort Hood victims will be laid to rest this afternoon.

Now, to the decision to try five 9/11 suspects in a U.S. courtroom is raising some alarms and drawing praise this weekend, as well. The Obama administration will move the men from Guantanamo to New York for a criminal trial. The group includes the man the government says orchestrated the attacks, Khalid Sheikh Mohammed. Reaction? Generally split along party lines.

(BEGIN VIDEO CLIP)

SEN JOHN MCCAIN (R), ARIZONA: I do not understand why a war criminal should be able to have the same rights as a common criminal. I think the American people will be very unhappy about this decision. They should be, and they should reverse this decision and they should be tried in military tribunals.

JAMIE RUBIN, FMR STATE DEPT SPOKESMAN: Well, this is a function of an election we had last year in which President Obama made clear that his approach to the war on terrorism was not the bush administration's approach. It was not to see these things all done through military commissions, was not to keep people in Guantanamo indefinitely. So, he's pursuing exactly what he said he was going to do, and now the decision has been made, and I think people ought to wait a little bit before going off the reservation. I have heard some commentators speculating dramatically. The Justice Department looked into this and they concluded there were some big Benefits to being in New York.

The mayor of New York is actually quite pleased about it. The people who actually suffered are New Yorkers. I'm a New Yorker, Eric holder is a New Yorker. This may turn out to be an opportunity for some people to get some of the justice they've been looking for for a long time.

(END VIDEO CLIP)

LUI: People who lost loved ones on September the 11th are divided as well on this issue. One says, "It's about time justice was done." Other says the trial will only give, "the monsters a new forum to spew garbage."

President Obama is in Singapore, right now. The second stop of his eight-day Asia tour. He's attending the Asia Pacific Economic Cooperation Forum. Earlier in Tokyo, the president pledged to strengthen U.S. ties with Asia declaring the U.S. a nation of the Pacific. He says all U.S. citizens should know what happens in Asia has a direct effect on their lives.

(BEGIN VIDEO CLIP)

OBAMA: These are steps that the United States will take to improve prosperity, security and human dignity in the Asia Pacific. We will do so through our close friendship with Japan, which will always be a centerpiece of our efforts in the region. We will do so as a partner through the broader engagement that I have discussed today. We will do so as a Pacific nation with a president who was shaped in part by this piece of the globe. And we will do so with the same sense of purpose that has guided our ties with the Japanese people for nearly 50 years.

(END VIDEO CLIP)

LUI: Why does this trip matter so much at this moment? Well, Asia for all intents and purposes is the United States' banker. China and Japan are the two biggest holders of treasury securities to the tune of $1.5 trillion. Asia is also the place where millions of U.S. jobs have gone over the past decade. That said, here is the breakdown: he'll visit four nations over eight days. First stop, as you know, was Japan where he met with their prime minister. Now he's in Singapore and he will be visiting China and South Korea next, if you follow the arrows.

Now, the trip's mission is to try to diplomatically prod leaders to get tough on North Korea for its disputed nuclear program. The president will also try to persuade China on the way, an economic powerhouse, to buy more U.S. imports.

Another arrest in a child sex abuse case in Missouri that reportedly goes back decades. Daryl Moeller is the sixth member of his family charged with rape. He was arrested yesterday at his home in Florida, one day after calling the allegations against his brother and four adult nephews "repulsive and appalling." Just some of the horrific allegations include bestiality and forcing children into fake marriages with relatives that happened in the 1980s and '90s. Now, Missouri investigators say they have completed their search of property once owned by the Moeller family. No word on what they found as of yet. We're following that, of course.

Team spirit took an unexpected turn for the worst last night in Union South Carolina. Frightening moments after halftime of a high school football game, take a look at this video.

So, if you watch that, in all, a little more than two dozen students fell when the stadium wall gave way. Twelve students were hospitalized in this. None of the injuries considered life threatening. Today they're trying to figure out what caused that wall to fall.

Now, we go to Karin Maginnis. It is a Saturday and for some folks, my friend, Karin Maginnis, it is a good day. For others in the northeast, you got this slow-moving thing that just doesn't want to go away.

KARIN MAGINNIS, CNN METEOROLOGIST: Yes. It is definitely taking its time, as we take a look across the northeast. An area of low pressure is situated offshore. Actually this was Ida about five or six days ago in the Gulf of Mexico, became a tropical storm, so it weakened considerably below hurricane strength, moved across the southeast, brought some rainfall, moved offshore, merged with another system. So, this became the nor'easter that's now an area of low pressure offshore and affecting southern New England.

I just want to show you, just for grins, on of the Web sites, I really like to look at. This is Weather Bonk. This is off the coast of New Hampshire. New Hampshire has 18 miles of shoreline, but look at this surf. It really looks quite wicked from this perspective.

Whether Bonk is very interesting if you're traveling and you want to see if the roads are wet or slushy or icy or snow packed. It's really kind of a good Web site to look at.

(WEATHER REPORT)

Now back to you.

LUI: So, believe it or not, it's good to be in the Midwest, I guess. The weather is not so bad there.

MAGINNIS: Yeah, it's fairly mild right now, temperatures 50s, 60s.

LUI: Not a story you get to tell if you're from Michigan or Ohio or the rest. All right, Karin Maginnis will be following that for us all this hour. Thank you so much.

Health care reform revs up again and this time it's in the Senate. What you need to look out for before a bill can hit the floor.

(COMMERCIAL BREAK)

LUI: Well, the House passed a health care reform bill that would restrict abortion coverage under a government-run plan, but will the Senate do the same? CNN's senior congressional correspondent Dana Bash has found the latest from Capitol Hill.

(BEGIN VIDEOTAPE)

DANA BASH, CNN SR CONGRESSIONAL CORRESPONDENT (voice-over): Jubilation over passing health care in the House.

REP NANCY PELOSI (D), SPEAKER OF THE HOUSE: The bill is passed.

(CHEERS)

BASH: But many of these cheering Democrats are already threatening to block a bill from going to the president's desk unless strict prohibitions on abortion are removed. What are those restrictions? Ask advocates on different sides of the abortion debate and get different answers.

CHARMAINE YOEST, AMERICANS UNITED FOR LIFE: People still have the choice of having abortion coverage if that's what they want, but you can't have federal dollars going to abortion coverage.

CECILE RICHARDS, PLANNED PARENTHOOD: It's a very far-reached amendment that would fundamentally change women's access to getting health insurance that covers all of the reproductive health care.

BASH: So, which is? Let's take a closer look. It would ban abortion coverage in a new government-run health insurance option. Private insurance companies in a new government-regulated exchange would also be prohibited from offering abortion coverage to anyone getting taxpayer money for health care. But private insurers would be allowed to offer separate coverage that includes abortion only to people paying with their own money.

RICHARDS: The intent of this amendment was to insure that no one under health care reform could purchase a plan that included abortion coverage.

BASH: Abortion rights advocates argue that in practical terms insurance companies aren't likely to offer two plans and say even if they did, middle-income women eligible for government assistance probably won't pay for additional abortion coverage with their own money.

RICHARDS: How ludicrous is it to think that a woman would ever plan to have an unintended pregnancy and plan to have an abortion. BASH: But anti-abortion activists say, if government-assisted health care coverage is expanded, current law restricting abortion coverage must be as well.

YOEST: This simply extends what current federal policy is. The ultimate objective of the abortion lobby in this whole fight is to define abortion as health care.

BASH (on camera): Most abortion rights advocates do call it part of health care for women. It's one of the many reasons there is such a deep divide on this issue. Now several female senators are trying to come up with a compromise to ease the abortion restrictions passed in the House, but anti-abortion Democrats say they won't budge. Strict prohibitions on abortion or they won't vote for health reform.

Dana Bash, CNN, Washington.

(END VIDEOTAPE)

LUI: OK, that's the abortion debate when it comes to health care reform, far from a done deal. We've got our expert here, CNN's deputy political director, Paul Steinhauser, who's in town and gets to sit down with us.

Give us some context here, Paul, where we're at. Obviously abortion is an issue, but where are we at in the process?

PAUL STEINHAUSER, CNN DEPUTY POLITICAL DIR: As Dana mentioned it's gone from the House now to the Senate. The first big showdown in the Senate could come at the end of the week coming up, because in the Senate you basically have to take a vote to even begin to talk about the Senate bill. And that bill, we don't even know what's in it yet. Remember, we haven't seen Harry Reid's Senate bill yet. So, we're waiting to get the price tag from the Congressional Budget Office, the non-partisan Congressional Budge Office, then he needs to hold a vote by the end of this week coming up to begin debate, it's no guarantee he can get all 60 votes he needs.

LUI: So, are we talking about the end of the year? Are we talking about the first part of next? What's some of the hard time lines that perhaps the administration is looking at as well as Senator Reid?

STEINHAUSER: Well, the White House had said they wanted a bill on the president's desk to sign by the end of the year. That looks unlikely now because, OK, let's say the Senate gets that vote at the end of this week, debate begins, but then it's Thanksgiving. They're gone for a week. They come back. It's going to take a couple of weeks for the Senate to pass their bill. It's going to be a different bill than the House bill. You're going to take the two bills, try to merge them into one. That takes time, we're into next year before we get this to the president's desk if we get that far.

LUI: OK, sounds really easy, right?

STEINHAUSER: Sure.

LUI: OK, let's drill down into some of the issues related to getting that Senate bill to the floor. Abortion, as Dana was telling about us, are we seeing a resurgence of abortion in the debate? We saw it certainly on the House floor.

STEINHAUSER: Yeah, and we're going to see it on the Senate side, as well. There are some moderate Democrats who Harry Reid is counting on as part of that 60 vote collation, there. They've had some problems with abortion. They would probably like to see the same provision that was on the House side on the Senate side. That will upset the liberals in the Democratic camp.

LUI: What about, there's immigration. Let's add that to it, right?

STEINHAUSER: Immigration a problem, too. A lot of pushback, people want to make sure on the conservative side that no illegal immigrants get any access to health care in these health care reform bills. That's a problem for the liberals and for Latino legislators. So yeah, another flash point.

LUI: Another flash point, the CBO going to come out with an estimate about how much the Senate bill will cost. Again, we don't have details on what exactly the size of that yet.

STEINHAUSER: And we haven't seen that price tag, yet. It will probably be less than the $1.1 trillion House bill, but it may be a little more than the Senate Finance Committee bill we talked so much about which was under $900 billion. And there are going to be differences between what we see in the Senate and definitely what we saw the House.

LUI: And again, that's a estimate by the government of how much these bills will cost. They have to let all of the lawmakers know and then they can vote on it after that.

STEINHAUSER: Exactly.

LUI: OK. So, I guess we're going to take a step back. I'm thinking with all of these flash points, as you described them, is he going to get to 60?

STEINHAUSER: It's going to be tough. Remember that House vote was extremely close, 220-215. Thirty-nine Democrats pealed off. It could be as close to the Senate. And you're may not see any Republicans join in, maybe Olympia Snowe of Maine, but that's no guarantee whatsoever.

LUI: OK, you also, Ben Nelson, is what you were mentioning, right?

STEINHAUSER: Ben Nelson the conservative Democrat from Nebraska who hasn't said for sure he will be one of the 60 to vote for the debate to even begin, because he's has problems with a public option if it's in the bill.

LUI: OK, busy week ahead and weeks to come. Paul Steinhauser, thank you so much. Appreciate it.

STEINHAUSER: Thank you.

LUI: New York to host the 9/11 terror trials, so many questions about this one. Our legal guys are here to sort through the whys and why nots. There they are. There they are.

(COMMERCIAL BREAK)

LUI: Stories for you right now, President Obama is in Singapore to attend a summit of the Asia Pacific Economic Cooperation or what's called APEC.

Earlier in Tokyo, the president pledged to strengthen U.S. tie was Asia declaring America a nation of the Pacific. This is his first trip there since taking office.

And mixed reaction to word that five suspected terrorists, linked to the 9/11 attacks, will be tried in a civilian court in New York City. Among them, Khalid Sheikh Mohammed, the confessed mastermind of 9/11. Critics argue the trial will put the nation at greater risk, but a woman whose husband died on 9/11 said it will give families a chance to see justice served.

And at least six passengers are dead after their train derailed in northwestern India earlier this morning. Twenty other passengers reportedly were injured. A railway spokesman says more than a dozen cars came off the tracks. Investigators are trying to find out why, here. Another check of top stories for you n about 20 minutes. So stick around for that.

So, as we have been reporting for you, the man who confessed to being the mastermind behind the 9/11 attacks will be tried in a New York civilian court, not a military court. What does this mean to the trial of Khalid Sheikh Mohammed and others.

We turn to our legal guys, or legal friends, shall we say. We've got Avery Friedman, he's a civil rights attorney and law professor on the top there.

Good day to you, my friend.

And Richard Herman is a New York criminal defense attorney and law professor.

Guys, good Saturday to you.

RICHARD HERMAN, CRIMINAL DEFENSE ATTY: Hey, Richard.

AVERY FRIEDMAN, CIVIL RIGHTS ATTY: Good Saturday to you, too, Richard.

LUI: Hey, straight into it, Avery, so what's the difference between a military versus civilian court and why might that matter here?

FRIEDMAN: A world of difference. Let me tell you something, Richard, it's about time Khalid Sheikh Mohammed and all the rest of these guys should have been tried in this federal court in Manhattan a long time ago. The makeshift exercise by the previous administration in trying to slap something together by way of military tribunals only have three convictions after hundreds of people at GITMO. I'm thrilled that this case is going forward.

LUI: Richard, some critics have said, why not use the military courts? That's what they used after World War II. Why can't we do that right now?

HERMAN: Yeah, that's right, Richard. It's an act of war, that's what allegedly took place here, so why not military tribunals? I think the military tribunals are going to come back and they're going to be resurrected by President Obama. But, this case being hosted in New York City which hosted the world champion New York Yankees, which hosted, in New York City, almost a stone's throw from where the actual World Trade Center stood. I mean, the debris from the Trade Center covered the federal courthouse, and that's where this trial is going to take place.

Yeah, he's going to get a fair trial in New York. These guys, I don't care what happens in this trial, everyone is going to be convicted. They can't get an impartial jury in New York for this particular case.

LUI: Senator Jim Webb from Virginia said this, "It will be disruptive, costly, and potentially counterproductive to try them as criminals in our civilian courts."

Avery, the cost and the disruption, how will the infrastructure be able to actually handle this court proceeding?

FRIEDMAN: There isn't anybody that deals with the marshal service, with any of federal law enforcement that says we can't do it. We did it with Abdul Rahman, the "Blind Sheikh." We ca we can do it again. I have great faith, not only in protective services, law enforcement, but the Constitution. This is exactly where this trial should be taking place.

HERMAN: Richard, it was done, like very just said, it was done back in 1993 with the "Blind Sheikh," Sheikh Rahman. New York is equipped to do it. The federal court is equipped to do it. The disruption will be to the citizens of New York City with traffic and security and everything else, but it's definitely going down. It will go down unobstructed in New York City.

LUI: Avery, one last question on this subject. Some have said that it might expose some information that you may not want to get to al Qaeda because of some of the informants as well as the data that will come out. Is that a concern, here?

FRIEDMAN: Look, there is so much evidence, including Mohammed's admissions and confessions to al Jazeera, if I were an assistant U.S. attorney, I would love to do this case. There's going to be very little difficulty in getting the evidence irrespective of the 183 times he was waterboarded.

LUI: What if there are cameras in the courtroom?

FRIEDMAN: What's that?

LUI: Cameras in the courtroom, will that be a concern?

FRIEDMAN: Not a chance, won't happen.

HERMAN: Richard, there will be no cameras in the courtroom because it's a federal court in New York City. But you're absolutely right, there will be sensitive classified information revealed and Attorney General Holder has said during those portions of the trial, the public will be excluded from the trial.

LUI: OK, let's move on to Fort Hood and obviously a very difficult situation there with Nidal Hassan, the psychiatrist. As we look at what is the next step for this case, a detail that has been reported, task force members actually was aware of communications between Hassan and a radical cleric. However, it did not make it through the process of what this task force had done. Fill that in for us of what happened. What was the fumble there, if you will?

FRIEDMAN; I think the joint terrorism task force, indeed, discovered that information. The truth is, Richard, they're way too early right now in determine whether or not there's a connection between that communication and what happened here. Right now -- we're probably going to know a lot more in this coming week to determine whether or not there was a connection between the two.

LUI: Richard, is there a fear of discrimination here in this case?

HERMAN: Well, that's why they were afraid to raise any issues or point any fingers at this guy. But there was a complete and utter breakdown of communication, here. It was outrageous. This lunatic was ranting and raving against non-Muslims. He was showing sympathy for suicide bombers. He was speaking to people in Pakistan and sending money overseas to people we were monitoring and everybody was afraid to speak up for fear of doing the wrong thing here, political correctness. This is outrageous. This guy is (INAUDIBLE) charge, he's in some kind of hospital facility right now. He was charged laying there. More charges are going to come, and this guy is going to get banged out big time.

LUI: Avery, based on what Richard said there then, what will the defense be? What's the strategy?

FRIEDMAN: Non compos mentis, I mean what, insanity? I don't know what they guy is going to plead, I think he's in a big bowl of trouble, Richard.

FRIEDMAN: Yeah, Richard, the lawyers have already said, that's where they're going, Avery, they're saying he knew he was going to get caught, he clearly didn't know the difference between right and wrong and so we're going to go with the mental defense.

FRIEDMAN: Not a chance, that's not a chance, by the way.

LUI: All right guys, let's move on to the last subject, we got to squeeze this in, then our first segment, this hour. Twitter in the courtroom.

FRIEDMAN: Love this.

LUI: That's been a debate in Georgia. The concern here, at least in this case, was that the judge said, no Twittering because that's equivalent to broadcasting. Yeah, is it?

FRIEDMAN: Um, I love this stuff. This is pure citizen's right to know, first amendment, control the federal courtroom. I actually think the federal district judge was right, although you know what, Richard? There is another federal judge in Wichita, Kansas, who said it was OK to Twitter but you can't do it instantaneously. You got to go to the media room, and so we are on the cutting edge, first amendment information the public wants to know, control the federal courtroom. There is no answer right now.

HERMAN: The law is changing to make room for the technology advances we have. The previous statute said live radio broadcasting from courtrooms, they deleted radio a few years ago to show no broadcasting, that means no Twittering, But Avery, how did they get these devices through the metal detectors in federal court?

FRIEDMAN: You know, that's a great question. Because how is this electronic equipment getting into a federal courthouse? You checked it out when you go through the x-ray machine, mind blowing to me.

LUI: That's what a lot of people are asking. OK, Avery, Richard, stick around. We're going to get back to you in about 20 minutes. We've more issues to talk about, including 13-year-olds spending time in prison without parole, for life. And they'll be back.

FRIEDMAN: See you shortly.

LUI: Thank you very much, gentlemen. Again, Avery Freidman there, as well as Richard Herman.

Families of those killed at Ground Zero react to the decision to try the suspects or rather to try suspects so close to the scene of the terror attacks.

(COMMERCIAL BREAK)

(BEGIN VIDEOTAPE)

UNIDENTIFIED FEMALE: Air travel can be a nightmare, but knowing how to work the system can help make it a little less stressful.

GENEVIEVE SHAW BROWN, TRAVELOCITY.COM: The best way to avoid delays both on the tarmac in general is to take the first flight of the day. Delays pile up throughout the day causing congestion, so if you can get ahead of the problem, take the first flight of the morning; you're going to be in good shape.

UNIDENTIFIED FEMALE: Using alternative airports will also help.

BROWN: Smaller airports have fewer planes arriving and departing, so they may be less likely to have delays.

UNIDENTIFIED FEMALE: Listen to the advice of other travelers and take weather into consideration.

BROWN: LaGuardia Airport in New York is notorious for flight delays and it's one people talk about avoiding. Chicago O'Hare is particularly tricky in the winter months, and because it is such a major hub, it can actually slow down airports all over the country.

(END VIDEOTAPE)

LUI: Attorney General Eric Holder has decided to try the self- proclaimed mastermind of the September 11th terror attacks and four alleged accomplices in New York City. Now, Khalid Sheikh Mohammed and four others will go on trial just yards from the site of the World Trade Center. Trying the men in civilian court will bar evidence obtained using coercion, but Holder says that evidence that's not tainted by harsh interrogations is strong enough to result in convictions here. He expects to seek the death penalty in this.

And with reaction from families at those killed at Ground Zero, here's CNN national correspondent Susan Candiotti.

(BEGIN VIDEOTAPE)

SUSAN CANDIOTTI, CNN NATIONAL CORRESPONDENT (voice-over): Eight years of waiting is eight years too long for retired firefighter Jim Riches. He wants the alleged 9/11 conspirators tried in New York. The attack killed his son, a fellow firefighter.

JIM RICHES, VICTIM'S FATHER: I just want to get this moving, you know, justice that delayed is justice denied.

CANDIOTTI: Riches is one of a handful of civilians who got a close-up look at suspected terrorist Khalid Sheikh Mohammed and others in a Guantanamo courtroom last January. That's when KSM told a military judge he was the mastermind of 9/11. "We don't care about capital punishment or a life sentence," he said. "We are doing jihad for the cause of God."

RICHES: And they call for jihad against America. They were proud of what they did, and you know, here I am sitting there, the man that murdered my son is standing there saying he's proud that he killed my son.

CANDIOTTI: But another relative who met us at the World Trade Center site says bringing the terror suspects back to the scene of the crime will bring unbearable pain. He lost his son in the attack. LEE IELPI, VICTIM'S FATHER: To bring it back here for me, my feelings, it's tasteless, it's insensitive, and those scars which have never been healed are just going to be opened again. So, I am not comfortable one iota with this call.

CANDIOTTI: Kristen Breitweiser, who helped push for the independent 9/11 commission, says New York is ready. She plans to attend the trial as often as she can.

KRISTEN BREITWEISER, VICTIM'S WIDOW: I think New Yorkers are certainly more than capable of handling it, and I think again it speaks to the very heart of who we are, not only as New Yorkers, but as American citizens. You know, if a crime is committed on our soil, you are going to be given a trial. You will be given access to an attorney. You will be innocent until proven guilty.

CANDIOTTI: Some worry about massive security needs with world- wide focus on five accused terrorists a few blocks from Ground Zero.

RAY KELLY, NYPD COMMISSIONER: We are certainly prepared for any eventuality. We handle a lot of high profile events here. We had the blind sheikh's trial here, other high profile trials and events. That's what we do. So, I think we're in excellent shape to handle it.

CANDIOTTI (on camera): We also asked the families what about worries the evidence will hold up? They say the Justice Department has assured them it will. A judge and jury will decide.

Susan Candiotti, CNN, New York.

(END VIDEOTAPE)

LUI: Missed opportunities, that's the message in the Republicans' weekly address after the House passed the health care reform bill.

(BEGIN VIDEO CLIP)

REP. MARK KIRK (R), ILLINOIS: The Pelosi health care bill has no significant lawsuit reforms and does not guarantee your medical rights from government waiting lines or restrictions. In the teeth of the great recession, the Pelosi bill would impose 10 new taxes on the American economy.

The top combined tax rate for my state of Illinois would be four percentage points higher than for France. The Democrat bill levies new taxes on health insurance, income, and even pacemakers. The bill also cuts health care for seniors, my parents and many of yours, with $500 billion in cuts for Medicare doctors, hospitals, and advantage patients.

(END VIDEO CLIP)

LUI: Well, First Lady Michelle Obama defends the health care bill, saying it will make Medicare more stable. Mrs. Obama talked to women and senior citizen advocates yesterday. (BEGIN VIDEO CLIP)

MICHELLE OBAMA, FIRST LADY OF THE UNITED STATES: There's been a lot of misinformation on this topic, so you know, I want to be clear, and Nancy Ann mentioned this. Not a dime of the Medicare Trust Fund will be used to pay for reform. Health insurance reform will not endanger Medicare. It will make Medicare more stable and more secure.

By eliminating wasteful subsidies to private insurance and cracking down on fraud and abuse throughout the system, this administration believes that we can bring down premiums for all our seniors and extend the life of the Medicare Trust Fund.

Now, my husband believes that Medicare is a sacred part of America's social safety net, and it's a safety net that he will protect -- he will protect with health insurance reform.

(END VIDEO CLIP)

LUI: All right, First Lady Michelle Obama there on health care reform. Now, you'll get the hour's top stories next. Then, a Florida teenager who was allegedly set on fire by school mates is off a ventilator. More on his condition and the future of the young suspects.

(COMMERCIAL BREAK)

LUI: OK, we've got your top stories right now. The Ft. Hood massacre on the mind of President Obama right now. Today in the president's weekly radio and internet address, Mr. Obama says there will be accountability for anyone who may have missed any warning signs from the alleged shooter and failed to act.

Also, the first funerals for those slain last week at Ft. Hood are being held around the country today. Nearly half of the 13 killed will be buried.

NASA officials, they sound pretty optimistic for their next scheduled launch of the space shuttle Atlantis. Lift-off is set for Monday afternoon, just before 2:30 Eastern time if all things go well there. It's one of only six remaining shuttle missions.

And more than a month after a Florida boy was set on fire, he's now breathing on his own. 15-year-old Michael Brewer suffered burns over most of his body. Three of his alleged attackers are now facing attempted murder charges. They will be tried as adults.

As CNN's John Zarrella reports for us, doctors are taking it day by day with Brewer.

(BEGIN VIDEOTAPE)

DR. NICHOLAS NAMIAS, JACKSON MEMORIAL HOSPITAL: ...and there are pain measurement scales that the nurses use and ...

JOHN ZARRELLA, CNN MIAMI CORRESPONDENT (voice-over): The burns, his doctor says, are worse than anything Hollywood has imagined.

NAMIAS: You see horrible things that people have made up and some of them are just -- they look fake. The real things that we see in burn centers and trauma centers, Hollywood hasn't even thought of those things yet and I hope they never do.

ZARRELLA: A month after being doused with rubbing alcohol and set on fire, 15-year-old Michael Brewer remains in critical condition, likely in intensive care for months, two-thirds of his skin burned off. But there are hopeful signs. Brewer is off the ventilator which was breathing for him.

NAMIAS: Right now with him, we're getting a tiny bit better every day.

ZARRELLA: As Brewer fights to stay alive, the case against five teenagers believed involved in the attack is taking shape. Three of them, Matthew Bent, Jesus Mendez, and Denver Jarvis, have now been charged as adults with attempted murder in the second degree. In bond court, the judge called the allegations horrific.

VOICE OF JUDGE JOHN HURLEY, BROWARD COUNTY, FLORIDA: For the sake of our community and other children in the community, this court orders that you all be held with no bond until further court order.

ZARRELLA: Two others have been charged as juveniles with aggravated battery. Sherry Jarvis is the mother of two of the accused.

SHERRY JARVIS, MOTHER OF DEFENDANTS: This is a horrible incidence that should have never occurred and we pray for Michael's recovery every day.

ZARRELLA: The attack allegedly started with an argument over a bicycle and a video game. According to police, Brewer didn't pay one of the suspects 40 bucks for a video game, so the group stole his father's bicycle. When Brewer reported the stolen bike to police, police say the boys doused him with alcohol and set him on fire. Police say Brewer ran about 100 yards and jumped into a pool to put out the flames.

BOBBY GOSS, DEERFIELD BEACH FIRE RESCUE: We saw the bushes on fire. We saw a T-shirt with a fire extinguisher next to it and we could hear the patient screaming at the pool.

ZARRELLA: Bobby Goss was the first firefighter on the scene. When he got there, Brewer was sitting on a chair next to the pool.

GOSS: He was very awake, very coherent, like -- anytime we needed to ask questions, he could calm himself down enough to answer our questions.

ZARRELLA: In his four years as a firefighter, Goss says he's never seen anything like this. A court appointed psychologist who interviewed two of the suspects in the case says the boys are in shock. DR. MICHAEL BRANNON, FORENSIC PSYCHOLOGIST: I could describe both of them as being afraid, being fearful. I can describe both of them as being tearful at various times during the interview, especially when talking about the specific incident that led to the injuries of the victim.

ZARRELLA: Six teenagers, none older than 16, all of their lives changed forever. One fighting for his, the other five facing the possibility of years behind bars. All because of a bicycle and a video game.

John Zarrella, CNN, Deerfield Beach, Florida.

(END VIDEOTAPE)

LUI: An alarming story as John was telling us. Let's get right to our legal guys on this one. Avery Friedman joins us again. He's a civil rights attorney and law professor. Richard Herman also again joining us, a New York criminal defense attorney and law professor.

Richard, let's start with you on this. The debate about whether they should be tried as an adult versus a child. What are some of the relevant intricacies on this in this case?

HERMAN: Well, interesting, you know, Richard, Florida is only one of a handful of states that allows the district attorney to make that call. The majority of states require petitions to a judge who ultimately decides it. Here, the district attorney in Florida says we're going to try them as adults. These are horrific adult crimes, and the sentences that these boys are facing are life in prison.

FRIEDMAN: Yes.

HERMAN: That's what they're looking at.

LUI: So, Avery, is it possible that -- two of them, who are 13- years-old, they are right now being tried in juvenile court as expected, but it's possible they still could be tried as adults. How might that work out?

FRIEDMAN: Well, again, Richard's right. We're going to look to the prosecuting attorney to make that decision. Right now, the juveniles are facing aggravated battery charges as juveniles, but that doesn't get them off the hook. If they are charged as adults, then they indeed could be looking at life without parole among other things.

But again, Florida is especially unique when it comes to juvenile justice in the way things are handled there. This is a horrific crime. This poor young guy, Michael Brewer, in -- his life is changed obviously for the rest of his life over a video game and a bicycle.

HERMAN: You know, Richard, the way the evidence plays out here and then the vindictiveness and then they gathered together and then they plotted this and they got the alcohol and they got the fire and they went after him and they doused him and they set him on fire. I mean, you know, I don't have to tell you one and one is two. There's no real defense here for these guys.

LUI: All right, so a tough defense is what you're going to say in this case either way you look at it. How common is this where a juveniles are tried as adults, Avery?

FRIEDMAN: Well, you know, we may be segueing into our next subject, and that is what the Supreme Court did this past week. In Florida, 77 -- or 100 youngsters across the country are incarcerated for crimes relating to parole -- life without parole.

LUI: Right.

FRIEDMAN: Seventy-seven, Richard, are in Florida. So, the commonality really focuses in on exactly where the Michael Brewer crime took place.

LUI: And Richard, what do you think about this?

HERMAN: Well, I think that the judges, as Avery said, the Supreme Court is tackling life without parole for minors, anyone under the age of 18-years-old. The justices went at it this week. It looks like it's going to come down to a case-by-case analysis.

However, Justice Kennedy, who championed the lead case saying you cannot have a death penalty for any child under 18-years-old, it looks like he's going to try to vote and lead the court that -- for the consideration that there should not be life without parole for a minor.

FRIEDMAN: And I think it's going to be coming down to Chief Justice Roberts. I think we're looking at a reversal, and I'm interested in what Richard had to say. 6-3 reversing the lower court. What do you think?

HERMAN: Well, I think that sounds good, but I also think that ultimately, it's going to be done on a case-by-case analysis.

FRIEDMAN: Well, that's the basis of the reversal.

HERMAN: Yes, right.

LUI: Gentlemen, how does this compare to other countries? As the Supreme Court debates this, is it very common in other countries?

FRIEDMAN: Well, as a matter of fact, in Italy if you're a juvenile and you commit a crime, a serious one without loss of life, the maximum is 24. In other countries, the maximum is 10. So, we for some reason decide, especially in Florida, to make it life without parole. The argument was whether or not this is cruel and unusual punishment under the eighth amendment. I think the Supreme Court is going to say yes.

LUI: And Richard, is this something that developed in recent history, this of juveniles going to jail for life without parole?

HERMAN: Yes, Richard. It is recent history. I think within the last 20 years, it's been cutting edge, and the courts throughout the country, they have been struggling with these issues, and the sentencing guidelines do not have any grounds to consider age for minors. That's why the Supreme Court is tackling this, and I agree with Avery on the ultimate resolution.

LUI: OK.

FRIEDMAN: We're agreeing way too much, Richard, I got to tell you, man.

LUI: You guys are. You normally don't agree so much after what, nine years you've been doing this?

FRIEDMAN: Yes, something like that. But we're agreeing to everything up to this point.

HERMAN: We're being kind to Richard today.

LUI: All right, let's move on to David Letterman. You guys have said, in your ...

FRIEDMAN: Yes, we're going to disagree on this one, I guarantee it.

LUI: In your wisdom, you have said don't give up on this case, more will happen. Robert Joe Halderman charged with attempted grand larceny accused of extortion right now of David Letterman. He's now saying I was just trying to sell a screenplay -- Avery?

FRIEDMAN: Ridiculous. This is a motion to dismiss the indictment. The odds of this happening are so infinitesimally small that it's not even worth discussing. Richard might have a different view, going nowhere on this defense.

HERMAN: Well, look, going everywhere on this defense. David Letterman, you know, I happen to like David Letterman, but my dear friend Gerry Shargel is representing the defendant here. I told you before, Avery, he's an unbelievable attorney. They're putting up an incredible defense ...

FRIEDMAN: He's got to be a magician, not a lawyer, man.

HERMAN: That's OK -- hey, that's OK.

FRIEDMAN: Not going to happen.

HERMAN: You know, they made a proposal. They had something worth value.

FRIEDMAN: Proposal?

HERMAN: That's right, a proposal.

FRIEDMAN: Extortion, extortion.

HERMAN: Hey, how many extortionists ... LUI: Avery and Richard, you're saying basically we got some more chapters in this story.

FRIEDMAN: That's exactly right, Richard.

HERMAN: Hey, Richard.

LUI: Yes?

HERMAN: How many extortionists ask for a check that they can deposit? You know, I mean come on.

FRIEDMAN: Only the dumb ones, Richard.

HERMAN: Well, this guy wasn't dumb.

LUI: All right. My friends, we got to go. Avery Friedman, Richard Herman, always a lot of fun. Thank you so much, of course, for being here.

FRIEDMAN: Always fun. Take care, Richard. Good to see you.

HERMAN: Take care, Richard.

LUI: You too. Thanks, guys.

Making something old, new, and available again. Technology putting old books back on the shelf.

(COMMERCIAL BREAK)

LUI: For anyone who loves old, rare books but has difficulty finding them, Becky Anderson shows how technology is now putting them back on the shelf for you.

(BEGIN VIDEOTAPE)

BECKY ANDERSON, CNN INTERNATIONAL CORRESPONDENT (voice-over): Blackwell's book shop in London recently added over 400,000 titles to its inventory, but they didn't need to add more shelves, just this. It's called the espresso book machine. You won't find a latte here, but you can find many rare titles. It only takes about five minutes for the espresso to print, cut, and bind a book.

UNIDENTIFIED MALE: Is it not just amazing? What an amazing thing.

ANDERSON: At Blackwell's, out of print books cost $15 plus three cents per page. And it can also print unpublished works, giving aspiring writers a chance to see their own name on the cover.

MARY CADE, UNPUBLISHED AUTHOR: I saw this machine and I went oh, how wonderful, a wonder machine for new authors. I must go straight to Blackwell's. I rushed down here and there it was. And I immediately thought how fantastic. ANDERSON: The espresso's makers says it will soon have a catalog of over 1 million titles, but it might be a while before it comes to a bookstore near you. There are only 22 machines like this one in the world.

Becky Anderson, CNN, London.

(END VIDEOTAPE)

(COMMERCIAL BREAK)

LUI: It is the second leg of his eight-day Asian trip, and, in fact, he'll attend the Asia-Pacific Economic Cooperation Forum. Mr. Obama is promoting his trip as a restart for U.S. relations in the region.

And Attorney General Eric Holder was among those who honored a DEA special agent today at his funeral. Thirty-seven-year-old Forest Lehman (ph) died in a helicopter crash in Afghanistan. Last month's crash also killed two other agents and seven U.S. service members. The agents were the first fatalities in the Drug Enforcement Administration's counter-narcotics operations in Afghanistan.

A suicide bomber attacked a police check point in Peshawar, Pakistan today, killing 11 people, including a police officer. Three children were among the dead in this. The attack follows yesterday's deadly truck bombing that killed at least 17 people, and this comes just weeks after Pakistan's military launched a major offensive against the Taliban.

Are you old enough to remember the milk man going door to door in the pre-dawn darkness? It's a once familiar sight that's all but disappeared in most cities, but in New York City, two modern day milkmen shall we say are trying to bring it all back.

And CNN's Stephanie Elam reports for us.

(BEGIN VIDEOTAPE)

STEPHANIE ELAM, CNN BUSINESS CORRESPONDENT: Richard, in a city where you can get practically anything sent to your doorstep, we found two guys who are bringing the iconic milkmen back. In the wee small hours of the morning, we hit the New York City streets with them to see how they're doing it.

(voice-over): Delivering milk door to door just like the old days, but these are not your grandparents' milkmen.

UNIDENTIFIED MALE: We're the modern version.

UNIDENTIFIED MALE: We have a new twist with the sneakers and the jeans.

ELAM (on camera): Yes, that and the ripped out jeans at that, too. (voice-over): Meet Matt and Frank. Their city slicker customers place orders on their Manhattan Milk Web site for organic farm fresh goods.

MATT MARONE, OWNER, THE MANHATTAN MILK CO.: A minimum of $15 order, so let's say three bottles of milk. So, that's the $15 covers that, and then they'll file our charge.

ELAM (voice-over): Overnight, they make delivery after delivery after delivery. Why so early?

MARONE: Well, that's another reason why we start early. Well, one for the traffic and then two, because -- so everybody has their milk and dairy products before they go to work and so, it's not sitting outside for all those hours in the heated hallways in all the buildings.

FRANK ACOSTA, OWNER, THE MANHATTAN MILK CO.: I actually have one client that the kids wake up early and they try to like bring the milk in themselves and they're like two, three-year-old kids.

UNIDENTIFIED MALE: Did Frank bring you that milk?

UNIDENTIFIED MALE: Yes.

ELAM: Joe Beckwar, who's been a loyal customer since their start a year-and-a-half ago, says Frank and Matt are like family.

JOE BECWAR, CUSTOMER: When I heard about Manhattan Milk, I thought, wow, this takes me back to where I was growing up and my kids are going to get to experience something I got to experience. So, every, you know, Wednesday morning, we go out and get the milk and bring it in just like we did when I was a kid.

ELAM: While they have several competitors, Matt and Frank say they are the cream of the crop because of their personal touch, hormone free products, and reused glass bottles from local dairies.

MARONE: They call us, they reach one -- either Frank or myself, and they can talk to the boss, the owner.

ELAM (on camera): It's 2:30 a.m. How many stops have you guys made and how many do you have to go?

ACOSTA: I'd say about 10 stops, about 40 ...

MARONE: Ten, 12 stops we did already.

ACOSTA: About 40, 50 more.

MARONE: Yes, about 40, 45 more to go.

ELAM: And what time do you guys expect to be done?

ACOSTA: Hopefully by 9:00.

MARONE: Hopefully by 9:00 a.m.

ELAM (voice-over): While they admit the hours hurt their personal lives, the guys say they are satisfied.

ACOSTA: Yes, we love what we do. I wouldn't change it, you know.

ELAM: So, as most of the Big Apple awakens, the guys are finishing up, off to catch some Zs. After all, sleep does a body good, too.

(on camera): And when we talk about the company, it really is just Matt and Frank. They do it all, still the guys are planning to expand into Brooklyn next. And here's a funny side note, Richard, Frank and Matt met when they were dating sisters. In fact, they didn't really like each other at the time. Now, the sisters have long been out of the pictures and the guys are business partners and friends.

Richard, back to you.

(END VIDEOTAPE)

LUI: Great stuff. Stephanie Elam with that story. Thank you so much. You got up early, very early for that.

Coming up today at 4:00 p.m., California is not the only state staring down a budget crisis, uh-uh. We'll count down the other nine that could be into serious trouble if changes are not made in their states. That story today at 4:00 p.m. Eastern.

And of course, stay with CNN throughout the day for the latest breaking news.

"YOUR MONEY" starts right now.