Return to Transcripts main page
CNN Newsroom
GOP Critical of Reid, Dems Standing by Him; Big Bonus, Bigger Backlash; Leno Heads Back to Late Night; Gay Marriage Ban on Trial; Locked Up Forever?; Florida's Deep Freeze
Aired January 10, 2010 - 22:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
RANDI KAYE, CNN ANCHOR: Hello. I'm Randi Kaye, in for Don Lemon.
It's been a long weekend of apologies for Senate Majority Leader Harry Reid. But there's little chance that Monday will mean an end to what's been a two-day uproar over his racial remarks about President Obama. Reid has apologized to the president and just about everybody else.
The Republican Party chairman and the head of the GOP Senate campaign arm say Reid should lose his leadership post. But Democrats, including the president, are standing by him.
Now, it all began when Reid's remarks surfaced in a new book about the 2008 presidential campaign called "Game Change." The authors quote Reid as saying then Senator Barack Obama had a good chance of winning the White House because he was, quote, "light- skinned" and his speech had what Reid described as, quote, "no Negro dialect, unless he wanted to have one."
Senator Reid said he regrets his poor choice of words, saying, "I sincerely apologize for offending any and all Americans, especially African-Americans for my improper comments."
And we should note that President Obama quickly accepted Harry Reid's apology yesterday saying, quote, "As far as I am concerned, the book is closed." Both men have a lot riding on making this controversy go away fast.
CNN's political editor Mark Preston joins me now.
Mark, really, the biggest problem for Harry Reid is still his poll numbers. We're not talking about the problem in Washington. But his trouble is back home in Nevada.
MARK PRESTON, CNN POLITICAL EDITOR: You're absolutely right, Randi. And just this weekend, a new poll has come out that shows that Harry Reid is in deep jeopardy right now of losing his re-election in November.
Right now, if you were to look at the poll numbers that were released by the Mason-Dixon Polling Research Corporation, a poll posted in the "Las Vegas Review-Journal," shows that Harry Reid has a 52 percent disapproval rating. This is a huge number given the fact that he is the Senate majority leader. He's able to deliver a lot for Nevada. Yet, he really has irked a lot of voters in his home state.
KAYE: Harry Reid taking a lot of hits today from Michael Steele, the head of the Republican Party, and also from Virginia Governor Tim Kaine. Let's take a listen and we'll talk about it.
(BEGIN VIDEO CLIP)
MICHAEL STEELE, RNC CHAIRMAN: The reality of it is this, that there is this standard where Democrats feel that they can say these things and they can apologize when it comes from the mouths of their own. But if it comes from anyone else, it's racism. It's either racist or it's not. And it's inappropriate, absolutely.
So, if the standard is the one that we saw with Trent Lott as speaker, as leader at the time, then I think this absolutely falls in that category. It's more than just an apology here. It's the reflection of an attitude.
Now, remember, this is the same leader who just a few weeks ago was talking about health care in the context of slavery. Clearly, he is out of touch not only with where America...
GOV. TIM KAINE (D), VIRGINIA: He immediately went out and apologized for comments that were insensitive. They were comments made in the context of him praising Senator Obama and supporting his candidacy for president, but still, they kind of reflect the thinking of a day gone by.
The senator was wise to immediately apologize. And the president talked very specifically about how he knows who Senator Reid is, and he accepts the apology.
(END VIDEO CLIP)
KAYE: So, Mark, there you have Tim Kaine trying to close the book, and Michael Steele trying to keep that book wide open.
PRESTON: Yes, Randi. And let's not be surprised the fact that Michael Steele is asking Senator Reid to step down. He is the chairman of the Republican National Committee. That is his job.
Now, I will tell you, I have just learned in the last minute or two from a top Democratic source on Capitol Hill that the congressional black caucus is expected to put out a statement supportive of Reid.
Now, this follows many other statements that we have seen over the past 24 hours. Of course, President Obama has accepted Senator Reid's apology, as has the likes of Al Sharpton and others. So this is a very big development for Senator Reid.
An adviser earlier this evening told me that they feel like they're turning the corner on this story. Of course, that remains to be seen. Tomorrow, Harry Reid will be holding an event regarding energy issues in Nevada in Las Vegas. He's also expected to take questions. And at that event, surely, he will hear a lot of questions about his comments.
KAYE: Do you expect the calls for his resignation to build?
PRESTON: Look, from Republicans, absolutely. But so far, Senator Reid has not been asked to step down by anybody in his own party. And that is crucial.
If you were to go back to 2002, when Senator Trent Lott was about to become the majority leader and he had said some insensitive comments as well, there were people within his own party that asked him to step down. We have not seen that from within Harry Reid's party. And, of course, he has the backing of the president.
KAYE: Of course, he would like this story to be over. But it's not. What might this mean for him in his home state of Nevada?
PRESTON: Again, very troubling right now, these poll numbers in Nevada. It's a poll that we've seen similar numbers over the past six months. This is terribly embarrassing for him. It's a thorn in his side. I'm sure he wishes he could take it back.
But the fact is, he has other issues he needs to deal with in Nevada. There are three Republicans right now that are trying to take on the Senate majority leader in November. They have to get past the primary.
But according to these poll numbers, if Harry Reid were to face any of these three, he would lose re-election. They're going to spend $25 million to try to get Harry Reid elected in November -- Randi.
KAYE: Do you think it's time for him to take this apology just one step further?
PRESTON: You know, I'll leave that up to him. It will be interesting to see what he has to say tomorrow. And if he's able to close the book tomorrow, then they're going to move on and it will be the next story.
I will tell you, though, this is very complicating for him because at this time that he's trying to win re-election and that he's trying to get through President Obama's health care bill, he's having to deal with this issue. Not something he wants to do.
KAYE: Mark Preston. Good to see you tonight. Thank you.
PRESTON: Thanks, Randi.
KAYE: Millions of Americans opposed the massive bank bailout because they feared a lot of taxpayer money would go to huge executive bonuses. Well, guess what, they were right.
Also ahead, the Supreme Court will tackle one of the thorniest issues of modern times. Is it constitutional to keep sex offenders locked up indefinitely?
And one of the most arresting videos of the day -- a convenience store clerk attacked with a Molotov cocktail.
(COMMERCIAL BREAK)
KAYE: From your wallet to theirs. Remember when taxpayers footed the bill for that $700 billion bank bailout? Well, it is bonus season, and those same banks are planning on handing out big money to their executives and employees.
Goldman Sachs is on track to lavish some $21 billion on its workers for 2009. JPMorgan Chase could give out $14 billion. ] The "New York Times" says that means average bonuses will be around the $500,000-mark per worker.
But the bosses are gearing up for an even bigger payday. There is still some mystery about an exact dollar figure for many of the executives. But the "Times" is reporting that Wells Fargo is paying its CEO as much as $18.4 million for his work last year.
That eight-figure check hasn't even been cashed yet, but already people are outraged. Peter Morici is a professor of international business at the University of Maryland, joining us live from Washington.
Peter, as you know, these bonuses are only possible because of billions in taxpayer money which financed the TARP funds, not to mention the 2 trillion or so in loans from the Federal Reserve. Why is this still allowed to go on?
PROF. PETER MORICI, INTERNATIONAL BUSINESS, UNIV. OF MARYLAND.: Well, because the president simply doesn't try to stop it. The Federal Reserve doesn't try to stop it. The Federal Reserve loaned them $2 trillion at near zero interest rates, caused many Americans to have huge cuts in their certificates of deposits. They've transferred this money over, but yet put no conditions on the money.
So they simply took it, traded with it, you know, derivatives and so forth. Didn't make loans with it. And now, they're paying it to themselves.
KAYE: I want you to take a listen to what Christina Romer, the president's economic adviser, said earlier today on CNN's "STATE OF THE UNION" and I'll get your reaction to it.
(BEGIN VIDEO CLIP)
CHRISTIAN ROMER, CHAIR, W. H. COUNCIL OF ECONOMIC ADVISERS: What we are going to do is redouble our efforts on financial regulatory reform because that had in it sensible things like, say, on pay. So at least the shareholders are minding the store. Sensible things like saying, for heaven's sakes, compensation should be focused on long- term, so you don't have rewards for short-term risk-taking. And we just simply have to put in place rules of the road. (END VIDEO CLIP)
KAYE: Correction there. That was actually on ABC's "This Week."
But what is your reaction to that? Are these promises enough? Redoubling the efforts on financial reform. Have we seen this before?
MORICI: Doubling zero is zero. This administration has blinked. It already had the latitude to control these bonuses through the TARP legislation and through the loans the Federal Reserve made. The Federal Reserve already has the authority to regulate bank pay. It's chosen not to do it.
Now, Barack Obama, the Congress, have taken enormous campaign contributions from Wall Street. Its principal economic adviser, Lawrence Summers, took $5 million in speaking and consulting fees while a Harvard professor, the last year before he joined the White House, from Goldman Sachs and others.
Now, this administration is not sincere. It expresses angst, but it never really does much about it.
KAYE: I know you don't -- you don't like that relationship between Wall Street and the White House. A little too cozy for you?
MORICI: Absolutely. And look at the relationship between Wall Street and the Treasury. Whether the Republicans are in or the Democrats are in, Goldman Sachs holds the key positions at Treasury and at the New York Fed.
The only difference between the Obama and Bush administrations' treasury is the difference between the fifth floor and the sixth floor at Goldman Sachs.
KAYE: So anyone watching tonight wants to know, well, what does this mean for me? How does this now affect taxpayers? What's the impact?
MORICI: OK. The Federal Reserve lowered interest rates way down to give the banks a break. What that did was lower the rates that were paid on CDs. Many retired folks have lots of certificates of deposits that they depend on for interest income in their retirement.
So when they were getting 4 percent and 5 percent, when they came up for renewal, they got 1 percent, 2 percent and 3 percent. Essentially, Ben Bernanke, Timothy Geithner, President Obama taxed our retirees. They taxed grandma to pay for Goldman Sachs's bonuses.
KAYE: All right. We will have to leave it there, Peter. Thank you so much.
MORICI: We'll see you again.
KAYE: Have a good night.
MORICI: Thanks. KAYE: It's no joke. Leno's going back to late night. NBC pulls the plug on his primetime flop, if you want to call it that. So where does that leave Conan?
A big week for gay couples who want to exchange diamond rings in the "Golden State." The same-sex marriage ban goes on trial in California. What's on tap on the Prop 8 fight?
Plus, leave your credit cards in your purse and get out of debt. That sounds nice, doesn't it? Expert advice on how women can climb out of the red.
(COMMERCIAL BREAK)
KAYE: NBC has announced it is pulling the plug on Jay Leno's 10:00 p.m. show. Earlier, I spoke with Howard Kurtz, host of CNN's "RELIABLE SOURCES" who says this news has been percolating for weeks now.
(BEGIN VIDEO CLIP)
HOWARD KURTZ, HOST, "RELIABLE SOURCES": NBC refused to confirm it a couple of days ago but we all knew it was true. Jay Leno was unfortunately a flop for NBC in primetime. Obviously, to take the guy, who was the king of late night for 17 years at that time slot and try to put him in primetime, was a disastrous blunder, and NBC now trying to repair the damage by sending Jay back to 11:30.
KAYE: And you know, NBC, when they put Jay at 10:00, they called it visionary. Certainly doesn't look so visionary now. What was the problem with Jay Leno at 10:00?
KURTZ: The show wasn't very good, I'm afraid to say. I like Jay personally. But to compete in primetime, he's not exactly an edgy guy, he's a mainstream comic.
And so, he would have somebody like Rush Limbaugh come on and he didn't really rise to the level of having a smart political conversation. And he had these weird gimmicks where he'd have guests go around on this racetrack.
But more importantly, whether I think it was funny or other people think it was funny, the NBC affiliates were in open revolt because their late news casts were getting killed by the lack of a lead-in audience. Ratings dropping by as much as 50 percent in some cities. So finally, NBC had to pull the plug on "The Jay Leno Show."
KAYE: Not to mention all the ad revenue those affiliates were losing. How should NBC spin this? Should it just come out and say, hey, look, it wasn't working?
KURTZ: One of these days I'm going to find a television network executive, who says, boy, did we screw up. It doesn't happen very often in politics or in communications.
But NBC still has a problem on its hands. I mean, they're paying Leno and Conan so much money that maybe everybody will go for this new arrangement.
But Conan is clearly not happy. I mean, he waited five years to get "The Tonight Show." That's when it was announced, five years ago. After a few months, he's now getting kicked out of that 11:30 time slot, pushed back to midnight.
He could walk. He could go to Fox, which would love to have him. Or he could just grit his teeth, do a lot more anti-NBC jokes and take the money and stay there.
KAYE: And how about Jay? Does he -- does Leno recover from this OK, or does he go back to his old show in his old time slot with his tail between his legs?
KURTZ: Well, there's a split of opinion on that. I personally think that, you know, Jay was fine at 11:30 before and that he will recover much of his old audience.
But look, let's face it. He was tarnished by this experiment that NBC forced on him. It was not his idea. He made clear he was not a happy camper about it.
And if things go according to plan, he'll be down to just half an hour, which Jay would probably take 20 minutes of that just for the monologue. So I can't imagine he's ecstatic either.
So NBC has managed the rare feat of ticking off both of its highly paid comics, alienating the audience and now they've got some cleanup work to do.
(END VIDEO CLIP)
KAYE: Howard Kurtz for us tonight.
NBC Universal Chairman Jeff Gaspin says negotiations are under way with Leno, Conan O'Brien and Jimmy Fallon so the network can keep all three for late-night laughs at 11:30, midnight and 1:00 a.m., respectively.
You've seen these images across the U.S. the past few days, I'm sure. Here are cars sliding on some icy roads in the South.
But have you seen these pictures? Mountains of snow and bitterly cold temperatures stretch across the globe. So why is it so cold everywhere? We're going to get you an explanation.
(COMMERCIAL BREAK)
KAYE: The South ended the week in the grip of freezing temperatures and it still hasn't let up. Many Atlanta drivers were simply not up to the challenge of icy roads. Even Florida has been stuck in the chill zone. Citrus growers there are bracing for possible losses if the mercury keeps dropping.
But on the other side of the world, Russians seem to be ecstatic with the bone-numbing weather. Meteorologist Jacqui Jeras joins me now. She's been all over CNN these past few days, as bitterly cold temperatures and snow dipped into the Deep South.
And Jenny Harrison is with our sister network CNN International. She's been following for weeks now the severe winter weather that spans the globe.
So, Jacqui, first to you. Why has it been so close -- so cold? Is it El Nino or what?
JACQUI JERAS, AMS METEOROLOGIST: Well, we've been talking a lot about El Nino in the last couple of months. But this time, not the culprit. It's also not global warming, as has been the guess of some other people.
It's called the Arctic Oscillation. And basically, what that is, it's a natural cycle. You know, we go through these phases of warm periods and cold periods.
And take a look at this graphic. We're in what we would call a very strong negative phase, the strongest that we've seen in 60 years.
And if you look at that graphic, you can see that it started in December and basically has been off the charts the last couple of weeks. The best thing I could tell you is it's starting to go a little bit farther up to the North.
But as we look at our other graphic where we're talking about the polar jet stream, think back to, you know, geography and science back when you were into grade school.
KAYE: I don't really remember that stuff. So you'll have to refresh my memory.
JERAS: OK. Well, you'll remember that up at the North Pole in the Arctic Circle this time of year, it's dark, right?
KAYE: Absolutely.
JERAS: And it's cold. It's freezing cold.
KAYE: Yes.
JERAS: So, you don't have any heat up there. And what happens is that, that cold air creates this big dome of high pressure that gets so strong from time to time that we start to see that jet stream weaken. And that allows intrusions of Arctic air. And that's not just happening here in the U.S. That's happening all across the northern hemisphere and heading down into the mid-latitudes.
Now, on top of that, one of the other reasons why here in the U.S. that air hasn't really been modifying, what happens when that polar air goes southward, it moves over the earth, and that tends to warm up the air.
KAYE: Right.
JERAS: Well, we have this huge area across the U.S. of snow cover. Let's look at that snow cover map. And it's just amazing to a lot of people to see so much snow that far south.
That's not the map. GR113, actually, I think, Roger, should be the source to show them. But basically...
KAYE: I can't imagine that.
JERAS: ...when you're snow-covered, you think of, you know, how the sun, dark colors absorb and light colors reflect the heat.
KAYE: Right.
JERAS: And so you've got light that reflects the heat. So, places like Florida, you know, usually that air is warm by the time it gets there. Well, now, not so much.
KAYE: So a lot of people here in the U.S., of course, have been wondering and watching the cold and wondering why it's happening.
But what about abroad, Jenny? What's going on there?
JENNY HARRISON, WEATHER ANCHOR, CNN INTERNATIONAL: It's all for the same reasons. And just like Jacqui said, the snow cover's got a lot to do with it and the jet stream's been so much farther south. And so all the systems across the Europe, for example, have been coming in to the south. A lot of rain across the far south of Europe.
But then, given the directions of the winds, the anti-clockwise direction around the areas of low pressure, we have just seen nothing but snow with all the moisture turning up to snow. And again, a huge amount of snow cover, nothing to warm it up, air coming down from the cold northeast.
Got some good video to show you. I say good, not good if you're caught in it. This is Germany. This is actually in the northeast of Germany. More than 160 people were trapped in their cars overnight in these conditions.
But what you'll notice from these pictures is the wind. And the wind, of course, a major problem across Europe.
KAYE: Yes, you can see it blowing.
HARRISON: You really can. And it's just like here as well. This has kept the temperatures so low.
So we're into the third week now across in Europe where temperatures have been well below the average. In most cases, by day, not actually got above freezing.
Then, of course you're talking about people here. Well, guess what? If you're traveling, look at this, because -- this is Lyon Airport in France. Now, this is just a very typical picture of just about any airport across in Europe at the moment.
There have been all sorts of cancellations. There were over 200 flights cancelled in Frankfurt on Saturday. Nearly 100 today. So if you are traveling, you really do need to be checking ahead because, you know, it's very, very hard to keep these conditions actually clear and to keep, you know, the planes obviously operational.
KAYE: Right.
HARRISON: And then in China, and I think this shows the difference, really quite a marked difference because Asia's the same. But when you look at how the people in Asia have to cope with it -- manually. It really is about trying to clear the snow.
And incidentally, in Xinjiang Province, over 5,400 people have had to evacuate from their homes because of the snow. Homes have been collapsing. And, you know, at least 75 people have died so far across Europe as well.
KAYE: So, have we seen the worst of it here?
JERAS: Well, hopefully. Right now, all the long-term models are showing that we're back on the upswing. So that's the good news. That we bottomed out with this basic Arctic Blast and we are expecting temperatures to warm up.
But you know, there's still a lot we don't know about this type of cycles. They are natural cycles. And you know, things can be a little unpredictable from time to time. So we're hopeful that we'll continue on that upward swing from here now.
KAYE: I was just wondering if we're being wimpy here and if those abroad are tougher or...
HARRISON: I think it depends. Parts of northeastern Russia, you know, there's a little village...
KAYE: We know they are tougher in Russia.
HARRISON: Oymyakon. There's another village -- Oymyakon. It's the most populated, the coldest populated place on earth. And the temperatures there just blow your mind. And I know them in Celsius, but they're reported...
KAYE: Mental note, don't visit there.
HARRISON: Don't visit there. Not nice at all.
KAYE: We'll have to leave it there. Jenny, Jacqui, thank you so much.
We are going to take a closer look at the cold conditions in Florida, coming up.
Also, California's gay marriage ban returns to the courtroom. We will preview the legal showdown and what it means to the rest of the country.
And a man tortured. The whole incident caught on camera. The accused attacker -- a member of a powerful Middle Eastern royal family. Wait until you hear his defense and the verdict.
(COMMERCIAL BREAK)
KAYE: Checking the headlines, CNN's political editor Mark Preston reports tonight that the Congressional Black Caucus is expected to release a statement soon expressing its support for Harry Reid. The Senate majority leader has issued apologies for his racial remarks about President Obama to just about everyone this weekend.
The Republican Party chairman and the head of the GOP Senate campaign arm say Reid should lose his leadership post. But Democrats, including the president, are standing by him.
Jay Leno is going back to late-night television. NBC pulling the plug on Leno's low-rated three-month foray into the 10:00 p.m. slot. Current plans are for Leno to do a 30-minute show at 11:30 followed by Conan O'Brien at midnight and Jimmy Fallon at 1:00 a.m. Eastern. But network officials say nothing is set in stone. Negotiations, of course, are continuing.
The new year has brought higher prices at the gas pump. According to the Lundberg Survey, the average price of a gallon of gas rose 14 cents in the last three weeks. It's now $2.74 for a gallon of regular. That's the highest level in more than a year, if you're keeping track.
Starting tomorrow, San Francisco becomes ground zero for the gay marriage debate. A trial challenging California's same-sex marriage ban is slated to begin. But this fight is nothing new for this state. For decades, lawmakers and voters have been grappling with the issue of which couples are allowed to legally tie the knot.
"In Session" host Ryan Smith from TruTV takes a look.
(BEGIN VIDEOTAPE)
RYAN SMITH, HOST, "IN SESSION" (voice over): In 1977 the California legislature passed a law defining marriage as a civil contract between a man and a woman. Voters upheld that law a decade ago by passing Proposition 22. It said only marriage between a man and a woman is valid or recognized in California.
The controversy exploded in 2004, when San Francisco Mayor Gavin Newsom OK'd marriage licenses for same-sex couples.
MAYOR GAVIN NEWSOM, SAN FRANCISCO: And I think it's just a question of time. And so regardless of what happens next week or next month, a year, two years from now, I think the fight to end discrimination won't stop.
UNIDENTIFIED MALE: There are many politicians and government officials, law professors who realize this is a breaking of the law. Mayor Newsom needs to wake up to that fact.
SMITH: Hundreds of gay couples lined up to marry at San Francisco's city hall. But the ceremonies didn't last long. Within about a month, after 3,000 couples tied the knot, the California Supreme Court stopped the weddings, and the stage was set for an emotional legal battle.
In May of 2008, the state's high court ruled Proposition 22 that banned gay marriages in 2000 was unconstitutional. Same-sex marriages were allowed to go forward.
But by November, Proposition 8 changed the state constitution, banning gay marriage. The measure passed in a close vote, 52 percent to 48 percent.
(END VIDEOTAPE)
KAYE: Ryan Smith joins us live now. And Ryan is the host of "In Session" on the truTV Network, which airs weekdays from 9:00 a.m. to 3:00 p.m.
And let's talk about Prop 8. Who challenged the ban and on what grounds?
SMITH: Well, the ban itself was challenged by the American Foundation for Equal Rights, and the idea is, it is now part of the constitution in California. So what they are trying to do is get it taken out of the constitution. And so they're making arguments to argue that it is not fair and should be removed and people in California of the same sex should be able to be married.
KAYE: So in this case there are -- there are two couples involved. Can you kind of lay out a little bit of the play-by-play we might see in the courtroom?
SMITH: Well, what you're going to see is there are essentially two arguments that they're making. They're making the argument that it's a violation of the due process clause of the Fourteenth Amendment, and also a violation of the Equal Protection Clause.
So you are going to see a lot of testimony about the history of discrimination against gays and lesbians in this country because that's part of the due process and equal protection arguments. You're going to see a lot of arguments on the other side about why the sanctity of marriage is disrupted by having gays and lesbians marry.
So, you are going to see the district court build a record with the idea that this might eventually go to the Supreme Court.
KAYE: And that really is. I mean, this would be the first time, a very bumpy road, but it could end up there.
SMITH: Right. It really could.
And you know, the interesting thing is you have a case which has basically a two-year life from now to possibly the Supreme Court. Now, the interesting thing is a lot of people on the gay rights side, initially, were a little skeptical about bringing this right now, because they thought maybe this isn't the right court to see this kind of argument on the federal level.
But now if it goes to the Supreme Court, they're going to decide it.
KAYE: All right. Well, we know that you'll be keeping an eye on it. Ryan Smith for us. Thank you. And we'll keep an eye on you keeping an eye on that for us.
SMITH: Sure thing.
KAYE: All right. Let's get some perspective on this from some of the people in the fray. Joining us live from San Francisco, Andrew Pugno from ProtectMarriage.com and Geoff Kors from Equality California.
Jeff, let's start with you. Shouldn't the voters have the final say here?
GEOFF KORS, EQUALITY CALIFORNIA: Absolutely not. If the federal courts fail to overturn Prop 8, it will be a stake in the heart of the United States constitution and a body blow to the very foundation of our democracy.
You know, our democracy has thrived for more than 200 years because we have a majority rule but with very explicit protections for minorities that say the majority can't keep a right for themselves while denying it to any minority group.
So while this case -- the subject matter is same-sex marriage. What's really at stake and what the decision will tell us is whether all minorities in this country have to fear having their rights taken away by the majority at the ballot box or whether all minorities, as the promise of our constitution says, will be protected moving forward and not have to worry that they're going to lose rights that they and everyone else now enjoy because the majority decides they want one specific minority not to have them.
And that's totally against our foundation of our government.
KAYE: Andrew, would you concede that Prop 8 left many Californians, many same-sex couples and families in a legal limbo here?
ANDREW PUGNO, GEN. COUNSEL, PROTECTMARRIAGE.COM: Well, once the California Supreme Court had upheld Prop 8 after a majority of voters passed it, we finally had some certainty about marriage and we also had preserved at the same time a pretty comprehensive domestic partners law that provides all of the legal protections and benefits and duties that come with marriage for alternative relationships that sign up with the state.
So once that had reached that point, we had a balance in California. This lawsuit has upset that balance. KAYE: And Geoff, your group, Equality California, has claimed that Prop 8 put children at risk. What do you mean by that?
KORS: Well, there are tens of thousands of children being raised by same-sex couples. Those same-sex couples, even those who are domestic partners in California, do not have any of the federal rights and protections of marriage. So, there's no social security benefits if something happens to one of their parents.
If them and their parents leave California and cross the border to Arizona, which doesn't have domestic partners, they're legal strangers. If one of their parents is from another country, they sometimes have to have their parents split up and their families torn apart.
Why would we want any child in this country not to have their parents have the legal protections of marriage?
In addition, imagine being a teenager who's coming to terms with being lesbian or gay and have the voters say who you are is unequal, you're a second-class citizen. You're going to grow up, fall in love, but we're not going to let you get married. Under the state law, we're not going to let you get married to the person you love.
And that's hurtful. It's harmful. It's sending a message to youth that they're inferior. This is really hurting people. And denying families the protections of marriage has no benefit for society, which is why the California Supreme Court has said opposite sex and same-sex couples must be treated equally.
KAYE: I want to ask you both...
KORS: It's really harmful to children.
KAYE: Let me just step in here.
I want to ask you both, and Andrew, let me start with you. The trial is going to be carried on YouTube. Is that a good idea or a media circus?
PUGNO: We think it's a -- there's a lot of risk at -- a lot of risk of harm, and the people who are really on trial here and their decision to pass Prop 8 not getting a fair trial, which after all is the ultimate goal of the federal courts.
And we're going from a situation where you can't even take a picture in the courts. You can't use cameras. You have to rely on an artist to make drawings. And we're going to go all the way to the extreme of recording and broadcasting federal court trial proceedings on YouTube for the entire world to watch.
And many of the witnesses that supported Prop 8 who are going to be probed about their personal moral views are, you know, very fearful about their safety and the safety of their families from this turning into a circus.
KAYE: And Geoff? Your thoughts?
KORS: Well, of course, it's not a circus. It's one camera by the court. And I don't know where Mr. Pugno was during the O.J. trial. But there are hundreds of trials on TV all the time. Federal courts haven't done it, but states' courts have done it successfully and opened a window of sunshine into the court process.
You know, the right wing and Mr. Pugno's group win by telling lies in 30-second sound bites that they pay for on TV. We want the whole world to hear. People have to testify under oath about why marriage is so important to families and why discrimination is wrong.
And his side actually wants to hide the truth. And that's the difference here. We would like more access. We want people to hear the truth and see that these are loving same-sex couples who just want the same access to a government-issued marriage license that everyone else enjoys.
KAYE: All right. Geoff, Andrew, we will have to leave it there. But a very interesting discussion. We'll keep an eye on the trial as it begins this week.
You must stick around to see this next story. It is one of the most arresting videos of the day. A convenience store clerk attacked with a Molotov cocktail. But why?
And later, locking up sex offenders even after they have finished their prison sentences. The Supreme Court is set to weigh in on whether civil commitment is constitutional.
(COMMERCIAL BREAK)
KAYE: Convenience stores get robbed all the time. But firebombed? Surveillance video from last month shows someone walking into a store in Milwaukee and hurling a flaming bottle right at the cashier. A customer narrowly avoided getting hit in the head. The cashier, protected by bulletproof glass, but still the fire caused about $1,000 in damage. Police think it may have been retaliation for a recent arrest in a previous robbery of that same store.
New and somewhat surprising developments in the prosecution of a Middle Eastern sheikh. Sheikh Issa bin Zayed is the brother of the United Arab Emirates president. He's seen on this video beating and torturing a man for hours.
Well, today, he was acquitted of all charges related to that assault. His defense? The videotape could have been altered. Plus, he was on medication to quit smoking, he says. Five co-defendants were convicted for their roles in the attack. The sheikh has been in detention for seven months, but he is expected to be released soon.
Most Americans have a general understanding of justice. If you commit a crime, you do your time, then you get out. But when it comes to sex offenses, it's not quite that simple.
CNN's Kate Bolduan reports on an upcoming Supreme Court case that has no easy answers.
(BEGIN VIDEOTAPE)
KATE BOLDUAN, CNN CORRESPONDENT (voice over): January 1973, 13- year-old Martin Andrews abducted off a Virginia street.
MARTIN ANDREWS, PEDOPHILE VICTIM: He looked at me and said, I've got bad news for you. You've just been kidnapped.
BOLDUAN: He was sexually assaulted by a pedophile on parole for two similar attacks, then left for dead.
ANDREWS: And I was buried out in the middle of nowhere, you know, with a chain around my ankle. I was going nowhere. I was going to die there.
BOLDUAN: Almost 30 years later, when Andrews found out his attacker was getting out of prison, he made it his mission to stop him.
ANDREWS: It was incredibly frightening to me because I lived and continue to live every day what he did to me. And I don't want another child to have to go through that.
BOLDUAN: Andrews got Virginia lawmakers to enforce what's called a Civil Commitment Law. It lets the government keep sexual offenders, who've served their prison time, locked in treatment centers indefinitely.
(on camera): So essentially, you think, there are some who are too dangerous to be out.
ANDREWS: To be released. You're exactly right. They are too dangerous to walk our streets.
BOLDUAN (voice over): Supporters say it's the only foolproof way to keep sexual offenders from striking again. But critics say there's little evidence treatment works to justify taking away their freedom.
This man is a convicted sexual offender, seen here with his attorney. He asked not to be identified by name. Days before getting out of prison, a judge ordered him into civil commitment.
UNIDENTIFIED MALE: It is double jeopardy. You're not able to live on your own free will. You're locked up 24/7. It's no different than being in jail or in prison.
BOLDUAN: One of the few ever released from civil commitment, he says he now lives a quiet life, albeit under constant surveillance.
(on camera): Some people when they see this story, they'll say it doesn't matter. A sexual offender is too dangerous and should be locked up forever. Are they wrong?
UNIDENTIFIED MALE: Many of them are wrong. That is a misconception, that all sex offenders are going to repeat, and all sex offenders should be locked away for the rest of their lives.
BOLDUAN (voice over): Twelve years ago, the Supreme Court said state civil commitment laws are constitutional if the goal is treatment, not punishment.
Now, the court will decide if this can apply to federal prisoners, raising questions of whether civil commitment should be allowed at all.
About 20 states allow civil commitment for sexual offenders. An estimated 4,000 are being held. The reality? There's a human cost on both sides.
UNIDENTIFIED MALE: I had served my time for what I did. And I didn't feel like that I should be incarcerated again.
ANDREWS: It's not the best tool. I mean, it is the only tool that we have that is 100 percent effective.
BOLDUAN (on camera): But opponents argue it's a dangerous slippery slope to allow the government to hold people indefinitely, a case that's both sensitive and emotionally charged.
Kate Bolduan, CNN, at the Supreme Court.
(END VIDEOTAPE)
KAYE: Money problems got you singing the blues? Well, just ahead, the author of this book, "Green with Envy," joins me live with advice on digging out of debt in 2010. Stick around.
(COMMERCIAL BREAK)
KAYE: In tonight's "Mastering Your Money" segment, a look at women and money. If you're trying to dig out of debt in 2010 and save more, our next guest is here to help.
Shira Boss is the author of "Green with Envy: Why Keeping Up with the Jones is Keeping Us in Debt." She joins me live now from New York.
Shira, your mantra for 2010 is no new debt, no new debt, no new debt.
SHIRA BOSS, AUTHOR, "GREEN WITH ENVY: That's right. No new debt. We are done with the debting. There's just no way to keep ahead if we're going to add to the debt we already have. And we've seen this not work in the past.
And the only way to do it going forward is to get creative about ways to get by even if you're in financial crisis, which so many of us are. I've certainly been there myself, putting the groceries on the credit card.
And you've got to find a way to do it without adding to the credit card debt, even if it means bartering, if it means a second lower-paying job, if it means, you know, getting secured loans from close friends and family, which means you give them something of value, a piece of jewelry, a chair, or whatnot and in return for a short-term loan from them.
KAYE: And you also say -- excuse me -- earn interest, don't pay interest.
BOSS: Absolutely. It sounds like Ben Franklin talking from many years ago. But the advice is still really sound. And it's a way to build a really secure financial future. Just keep that in mind.
You want to every move you make, make sure you are earning interest by saving money and not paying interest, especially on credit cards, those really high, really difficult interest rates that are popping up now on credit cards.
So, paying credit card interest is like having a leak in a glass that you're trying to fill financially. So, if you don't stop that and if you don't put money into a savings account, where you're actually earning some interest on it, you really won't be able to get ahead.
KAYE: And what is your no-brainer investment strategy?
BOSS: I love index funds. Most of us don't have the time or knowledge, and it's really a crystal ball anyway to follow the stock market and know what to get into, what to get out of, what to do with our money.
So the index funds, the broad market index fund, an example is the Vanguard Total Stock Market Index Fund. It owns a lot -- a little bit of a lot of companies.
So, almost everything out there you'd own a little piece of. And it's a way to invest in the same fund year after year without thinking about it. The market will go up long-term, and your investment should go up with it. And you don't need to get in, get out, watch it, stress and worry about what you should be investing in.
For retirement, an option along those lines is the -- for instance, Vanguard has the Target Retirement Fund. And that picks a retirement date, and you just invest in the same fund year after year. It owns a basket of these index funds. And as you get closer to retirement, it automatically gets more conservative.
So again, you don't need to think about it. You don't need to adjust it. It's all done for you. And it's a great way to invest the way a lot of women invest, which is safe and secure and slow and steady wins the race.
So we're always looking for things that will do that without us having to put a lot of research into an area we don't know anything about. So I love the index funds.
KAYE: All right. Shira Boss, thank you so much for your time.
BOSS: Thank you.
KAYE: And your advice.
Well, it is way too cold in Florida for one of its most famous commodities. These unseasonable temps are causing major problems for farmers, and it could directly affect your wallet.
(COMMERCIAL BREAK)
KAYE: Florida's citrus farmers literally have billions of dollars riding on tonight's weather. And with a hard freeze warning in effect for much of the "Sunshine State," it could be a very long and losing proposition. And you could end up paying for it.
CNN's Martin Savidge is in Fort Lauderdale tonight.
MARTIN SAVIDGE, CNN CORRESPONDENT: Randi, South Florida's bracing for another bitter cold night. However, the hope is that it's the last really cold night for some time. Already, there is a freeze warning that's in effect and a wind chill advisory, as the costs of this cold spell are really adding up.
(BEGIN VIDEOTAPE)
SAVIDGE (voice over): The prolonged brutal cold is taking a toll on the "Sunshine State," and John Arnold is paying it. He's surveying the impact nights of below-freezing temperatures have had on his family's citrus orchards in central Florida. A slice with a knife delivers the news.
JOHN ARNOLD, FLORIDA FARMER: This is ruined. It's all ice there.
SAVIDGE: Arnold puts his loss at $500,000.
Statewide, according to those who monitor the citrus industry, the damage is substantial, but so far not catastrophic. It will take weeks to determine what it may mean for consumers.
Florida is also the nation's second largest producer of strawberries, which were close to their peak.
KEN ANDREWS, PARKSDALE FARMS: There's been very little harvesting because nothing can ripen in this type of weather.
SAVIDGE: Like the citrus crop, it's still too soon to tell.
And the cost of the cold adds up in other ways, like this fire that swept through 20 units of an apartment building in Jacksonville, blamed on a fireplace being used for heat.
Floridians will also pay for the cold in their next electric bill. Saturday night, Florida power and light set an all-time record for consumption, shattering the previous one set in the summer of 2005. And then there's the impact on tourism. One week is not a season, but many tourists will go home with less than warm memories, like Lisa and Brian Gregg (ph) from Wisconsin.
UNIDENTIFIED FEMALE: Palm trees is the only reason I know I'm actually here, and the ocean.
SAVIDGE: But not everyone's unhappy with the cold. Scientist Frank Mazzotti is downright excited by it.
FRANK MAZZOTTI, SCIENTIST: This could be a game changer.
SAVIDGE: For years, he has battled the non-native python, which is upsetting the balance of nature in the Everglades. The cold may not kill them off, but could set the snake back quite a bit.
MAZZOTTI: What nature has done with this extended cold snap and with the rainy weather that we've had is provided us with an experiment. There is no way that we could have created this on our own.
SAVIDGE: You could call it the "slither lining" to an otherwise bitter cold.
(END VIDEOTAPE)
SAVIDGE: Before we leave you, we want to show you one more odd sight of what has been a week of unusual sightings down here in south Florida in the cold. Take a look at this.
These were surfers that we found surfing this morning on Fort Lauderdale beach. And yes, at that time, the wind chill was about 20 degrees.
Now, of course, the water is warm. It's about 69 or 70 degrees. So you're much better off in the water than out. But when they got out, boy, they were shivering.
And just think, what would their mothers say about all of this? Again, it's going to be very, very cold tonight and they will be very anxious in the citrus orchards once more.
Randi, back to you.
KAYE: Martin, thank you.
You know how little kids say I see London, I see France, I see someone's underpants? Well, a whole lot of people were thinking it today on the New York City subway. It's almost as if hundreds of people decide to take off their pants all at the same time.
(COMMERCIAL BREAK)
KAYE: Subway riders in New York City today were perhaps surprised to learn it was "No Pants Day." Yes, that's what they called it. Groups of riders would get on at one stop, then strip down to their skivvies.
CNN producer Caroline Gottlieb was one of those unsuspecting commuters caught up in the sudden baring of legs. My, oh my.
"No Pants" is an annual event organized on Facebook and other social immediate by the street theater group ImprovEverywhere. No longer limited to subways or even New York City, "No Pants" has become a yearly fixture in 16 countries.
Look at those photos.
You can learn all about it and watch the videos at improveverywhere.com. I don't know. You know, I'm a regular on the subway in New York City and I've never been a fan of "No Pants Day."
But I guess those folks up there had a good experience today. That's for sure.
Well, I'm Randi Kaye at the CNN Center in Atlanta. Great to have you with us tonight. Have a good night. I'll see you this week on "AC360."
