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American Morning
Kids Direct Planes at JFK; Let's Get It Done: Healthcare Vote Called by Obama; Filibuster Busted; Attorney for Fort Hood Shooter Starts Controversial Blog; Pentagon Helping Hollywood? Presidential "Reunion"
Aired March 04, 2010 - 07:59 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
JOHN ROBERTS, CNN ANCHOR: Good Thursday morning to you. It's the 4th of March. Thanks for joining us on the "Most News in the Morning." I'm John Roberts.
KATE BOLDUAN, CNN ANCHOR: And I'm Kate Bolduan in today for Kiran Chetry.
ROBERTS: Great to have you here this morning.
BOLDUAN: Thank you.
ROBERTS: Thanks. We appreciate it.
BOLDUAN: It's been fun. Sure has been.
ROBERTS: Here are the big stories we're going to be telling you about in the next 15 minutes.
We're learning an air traffic controller could have put passengers in double jeopardy by not only letting his son direct air traffic at New York's JFK airport, but also, the very next day, his daughter.
We're live with details this morning.
BOLDUAN: President Obama saying it's time for Congress to pass health care reform despite the political risks. But can his party get together around a single bill?
Dana Bash is on Capitol Hill.
ROBERTS: Plus the filibuster. The threat of it is being used more than ever before on Capitol Hill, but is it still effective?
Our Jim Acosta breaking it all down for us just ahead.
We begin this morning with federal aviation officials calling it a lapse of judgment at one of the nation's busiest airports. We're talking about the air traffic controller who let his son direct departing planes at New York's Kennedy Airport last month.
BOLDUAN: And now, we're learning the same guy let his daughter do the same thing the very next day. Susan Candiotti is working the story for us.
And it just gets more and more interesting, Susan.
SUSAN CANDIOTTI, CNN NATIONAL CORRESPONDENT: That's true. Hi, Kate and John.
You know, if you want to get a debate going, just start talking about what happened at that control tower at JFK, right?
BOLDUAN: Yes.
CANDIOTTI: But for the FAA, there is no debate. Paid administrative duty for a supervisor and his controller who let his two children take a turn at the radio directing planes. And for now, all control towers are off-limits for unofficial visits while the FAA reviews its policies to anyone going into any tower and radar rooms.
(BEGIN VIDEOTAPE)
CANDIOTTI: Children directing planes at New York's JFK Airport? Not once, but twice?
JFK TOWER (CHILD): JetBlue 171 clear for takeoff.
UNIDENTIFIED PILOT: Clear for takeoff, JetBlue 171.
CANDIOTTI: The FAA says a controller allowed his son in the control tower to talk directly to pilots. And on the next day, his daughter, according to an informed source, had a chance to radio two more planes.
JFK TOWER (CHILD): JetBlue 57 contact New York departure.
UNIDENTIFIED PILOT: JetBlue 57, thank you, good day.
JFK TOWER: That is the next generation of air traffic control going here.
UNIDENTIFIED PILOT: Roger that.
PETER GOELZ, AVIATION CONSULTANT: This is just unbelievable. How dumb can you be?
CANDIOTTI: Former NTSB official Peter Goelz says, with runway safety such a critical issue, what happened is senseless.
GOELZ: It's one thing to have your children into the tower to get a look at it. It is a completely different story when you are putting them on the microphone with hundreds of passengers on these planes.
CANDIOTTI: The incident comes on the heels of other eyebrow- raising events involving controllers and pilots in the last year.
Two pilots had their licenses revoked after overshooting the Minneapolis Airport by 150 miles. Both said they were using their laptop computers. The pilots are appealing.
In Teterboro, New Jersey, moments before a midair collision over the Hudson River, a controller was making a personal call and a supervisor had left the building. They were both were put on leave.
Now, passengers are left to wonder what happened at JFK.
JFK TOWER: That's what you get guys when your kids are out of school.
UNIDENTIFIED PILOT: I wish I could bring my kid to work.
JFK TOWER (CHILD): JetBlue 171 contact departure.
UNIDENTIFIED PILOT: Over to departure JetBlue 171, awesome job.
UNIDENTIFIED MALE: It's very unsafe, and I just can't believe that something like that was allowed to happen, how it even occurred.
UNIDENTIFIED MALE: If I was flying and I heard a child's voice on the radio, I'd have to question any commands they might have given me.
CANDIOTTI: The FAA suspended both the JFK controller and the supervisor, and called the tower distractions, quote, "totally unacceptable." And added, "This lapse in judgment not only violated FAA's own policies, but common sense standards of professional conduct. The behavior does not reflect the true caliber of our workforce."
The Air Traffic Controllers Association chimed in, quote, "We do not condone this type of behavior in any way. It is not indicative of the highest professional standards that controllers set for themselves and exceed each and every day."
JFK TOWER (CHILD): Contact departure. Adios amigos.
UNIDENTIFIED PILOT: Adios, amigos. Over to departure. JetBlue 195.
(END VIDEOTAPE)
CANDIOTTI: Pilot websites are also buzzing about this. Some pilots say it's no big deal. Others call it outrageous.
And as a former NTSB official said, you know, most of the time, 99.9 percent of the time, nothing will happen, but he does cite that incident happened back in 1994 involving an Aeroflot flight where a pilot let his teenage son into the cockpit, the young man accidently turned off the auto-pilot and the plane crashed, killing everyone aboard.
BOLDUAN: Thank you so much, Susan.
CANDIOTTI: You bet.
BOLDUAN: Great work.
So, let's get it done. That is what President Obama is telling Congress about health care reform. He wants Democrats to do what they have to do to get around a GOP filibuster and get the bill to his desk.
(BEGIN VIDEO CLIP)
BARACK OBAMA, PRESIDENT OF THE UNITED STATES: It deserves the same kind of up or down vote that was cast on welfare reform, that was cast on the Children's Health Insurance Program, that was -- that was used for COBRA, health coverage for the unemployed, and by the way, for both Bush tax cuts, all of which had to pass Congress with nothing more than a simple majority.
(END VIDEO CLIP)
BOLDUAN: A simple majority.
Dana Bash is live on Capitol Hill to take us through the final critical steps.
Good morning, Dana.
DANA BASH, CNN SR. CONGRESSIONAL CORRESPONDENT: Good morning. Hey.
Well, the Democrats here in Congress, they do have plans in place, in motion, for that simple up or down vote. But those plans, if you take a look at them, they are anything but simple.
(BEGIN VIDEOTAPE)
BASH (voice-over): The idea is for House Democrats to pass the same bill already approved by the Senate in late December. But House Democrats don't like some of what's in that Senate bill, so they won't do that without making some changes, a separate package. Those changes are what Democrats are planning to push through without Republican votes, using that process known as reconciliation. Reconciliation means Democrats only need a simple majority, 51 votes in the Senate.
(on camera): Democrats say the first and most important step in making all of that work is getting that package of changes just right, especially to muster enough votes here in the House.
(voice-over): Some examples from the House speaker.
REP. NANCY PELOSI (D-CA), HOUSE SPEAKER: That would be affordability for the middle class; closing the donut hole for seniors; ending the Nebraska fix, and having state equity for all states; and fourth -- just to name the major ones -- changing the pay for from the excise tax.
BASH (on camera): Another obstacle Democrats are grabbling with is trust. Democrats in the House don't want to be left twisting in the wind. Some of them simply don't trust that their brothers over here in the Senate will actually follow-through and pass the package of changes.
REP. STENY HOYER (D-MD), HOUSE MAJORITY LEADER: We're working on having that faith verified.
BASH (voice-over): Another hurdle -- and it's a big one -- is whether Democrats themselves have enough agreement, especially in the House, to find the votes for all this. And it's election year. Democrats are already nervous about getting re-elected and Republicans are stoking that by warning the health care bill will bring them down.
SEN. MITCH MCCONNELL (R-KY), MINORITY LEADER: I want to assure our Democratic friends that if they are somehow able to pass this bill in the House, it will be the issue in every race in America.
(END VIDEOTAPE)
BASH: Democratic sources say they simply do not think, as of right now, the votes are there for this in the House. And a number of House Democrats say they have deep differences still with the Senate bill. They don't simply want to approve that differences over big, divisive issues like abortion, Kate, and that is why they are scrambling to find the votes in the House and that is also why you're going to see intense White House pressure, intense White House lobbying to find Democrats who might have voted no before and maybe -- maybe, could switch their vote to yes.
BOLDUAN: Scrambling and not a lot of time to get this done if they really are going to do it. Thanks so much, Dana.
BASH: Exactly. Thank you.
BOLDUAN: Thank you.
ROBERTS: Also new this morning, a week after firing all of the teachers at one of Rhode Island's worse-performing high school, the superintendent has agreed to explore other options. Frances Gallo says she is willing to negotiate with teachers in Central Falls now that their union has pledged to support changes to improve school quality.
BOLDUAN: Teachers and students from coast-to-coast are calling for a day of action today, to protest budget cuts in state-funded colleges and universities. Rallies, marches and walkouts are planned in 30 states. Funding cuts have meant tuition hikes, cancelled classes and fewer teachers. California alone has seen nearly $1 billion slashed from its state university system in just the last two years.
ROBERTS: Winter's wrath is certainly not helping the economy. The snow storms that battered the east coast last month slowed retail sales in Maryland, Virginia, the Carolinas and Philadelphia, while stifling tourism here in New York City. These snow storms could also lead to stiffer job losses than expected for the month. That data is going to be out tomorrow, by the way. So, we'll find out. Rob Marciano is keeping track of the weather across the country, not good in the northeast today either.
Rob, what's it's looking like across the country?
ROB MARCIANO, AMS METEOROLOGIST: A pretty chilly eastern half of the country and another storm heading into the Intermountain West, with another one heading into the Pacific.
Let's show you the temperatures across parts of Florida. Wind chill advisories in effect for parts of south Florida, with temps in some cases feeling like they are below the 40-degree mark. Forty-one right now temp in Orlando. And so chilly tough.
And the leftovers of that storm that came through the northeast yesterday still spring and snow showers across extreme eastern New England but certainly keeping things gusty across parts of the northeast. And that will slowdown that travel. Also slowing down travel, look for fog laying over that snow path across the Northern Plains -- and there's your winter storm heading into the Intermountain West.
Fifty in Atlanta, 39 in New York. That would be, I think, about your high temperature for, say, January 10th. Yes, we were well below average.
We'll talk more about that and where the temperatures may be going over the next few days a little bit later on in the program.
Kate, John, back up to you.
ROBERTS: All right. Rob, thanks so much.
BOLDUAN: Thanks, Rob.
ROBERTS: We'll see you a little bit later on.
President Obama's way forward with health care. He wants an up or down vote. He wants it within the next few weeks.
But what about the plan itself? Is it actually workable? We will run that past Karen Tumulty from "TIME" magazine and Dr. Mark McClellan who used to be President Bush's administrator of Medicare and Medicaid services, as well as his top health adviser -- coming right up.
It's 10 minutes after the hour.
(COMMERCIAL BREAK)
ROBERTS: Twelve and a half minutes after the hour. Welcome back to the Most News in the Morning.
Here's a look at what's new for you this morning.
More aid and supplies are making their way to the regions in Chile that suffered the most damage from Saturday's 8.8 earthquake that killed more than 800 people. Relief groups say they are handing out three tons of food and thousands of blanket and sleeping bags.
Three 26-foot waves crashed into a cruise ship in northeastern Barcelona, Spain, killing two passenger, 14 other people were hurt, two of them seriously. A spokesman for the cruise lines says the abnormal waves broke several windows of the 14-deck ship.
And Captain Chesley "Sully" Sullenberger is retiring after 30 years of flying for U.S. Airways. Sullenberger was at the controls, of course, of Flight 1549 just over a year ago when he made this emergency landing in New York's Hudson River. Sully, who is 59 years old, says he will continue to be an advocate for aviation safety -- Kate.
BOLDUAN: So, the President Obama is calling on Congress to stop debating and start delivering on health care reform. He's even signaling Democrats to move ahead without Republicans if necessary.
Joining me from Washington now is Dr. Mark McClellan of the Brookings Institution. He's also the former commissioner of the Food and Drug Administration.
Also joining us, Karen Tumulty, national political correspondent for "TIME" magazine.
Thank you, guys, so much.
Mark, jumping right in -- President Obama has said, among other things, that he'll commit more money to reduce malpractice costs, increase Medicaid reimbursements to doctors, and step up efforts to root out fraud in Medicare and Medicaid.
What do you think of the president's latest proposal? What's your take on this? Too little too late, or is it good?
DR. MARK MCCLELLAN, BROOKINGS INSTITUTION: Well, I think some of those are steps in the right direction, Kate. But in an overall trillion-dollar health care bill, of $50 million pilot program on, like, medical liability reform and these relatively small steps are not going to be enough to get any Republican support.
I think what the Republicans are looking for is a bill that gives people more flexibility about the kind of coverage that they're able to choose, not as much control by the federal government in defining benefits and requiring coverage by employers and individuals, and also, more steps to bring down overall costs. The basic structure of the bill, giving a lot of people choices among health plans, laying and have good information, improving quality -- that's all good. But the overall costs of health care under this legislation are going to be higher because of the requirements.
And I think what Republicans are looking for are steps to bring down the total cost of care, making it easier for the government to sustain all these programs in the longer run. BOLDUAN: So, not a glowing review -- not a glowing review from the Republican perspective, Karen. But you've been following so close. What is the likelihood that any of these Republican proposals will end up making it into the final bill?
KAREN TUMULTY, NATIONAL POLITICAL CORRESPONDENT FOR TIME MAGAZINE: Well, the one that I think is most important of all of those right now, and oddly enough it is probably the one that is getting the least amount of attention because it sounds so technical, is the president's openness to upping the amount of that Medicaid would pay doctors, because one of the things that people don't realize about this bill is that almost half of the expanded coverage, 15 million new people who would get health care coverage would get it through the expansion of the Medicaid program. Right now, people who are in Medicaid as it is are having trouble finding doctors, because it pays so little.
So, I think the Republicans here deserve credit for pushing this issue, and forcing a little bit of realism here, that, you know, if you are going to put 15 million people into a program, you better make it worth the while of doctors and other health care providers to actually treat them. And this is going to ultimately increase the cost of this bill.
BOLDUAN: And cost is such a huge issue. Mark, Republicans, many Republicans are really just saying scrap the bill, start over, step by step approach, so many of those things that we keep hearing, but it also seems that some in the public are seeming to agree.
Let me show you this. The latest CNN/Opinion Research corporation poll shows that 48 percent of people say we should work on a new bill, and another 25 percent say we should stop working on health care altogether. So, is that the solution? We should start over?
MCCLELLAN: Well, you can see why Republicans are so confident in saying that the process should begin again, with three quarters of the public basically agreeing with a position like that. I think our problems in healthcare are too serious to continue to ignore. I think there are some good fundamental elements in this legislation.
I don't think we need to start completely over, but addressing the issue of lowering overall health care costs, not just increasing subsidies and paying for it with increased taxes and increased fees, but really lowering the cost of health care, reforming health care, could be a way to bring Republicans back. It's just very difficult to do at this stage in the process with numbers like the ones you just showed this close to an election.
BOLDUAN: And Karen, very quickly, you have written about this, our own Dana Bash has been reporting on this, that Democrats may not even have the votes to push this through when you are talking about a simple majority reconciliation, so what are they going to do? It doesn't look like the path forward is going to be anything but messy.
TUMULTY: I think they have got the 51 they need in the senate, but the thing to watch is the house. Because at this point the way the house is configured, Nancy Pelosi needs 216 votes, that's exactly the number she had in November. She is probably going to lose a few of those people. So the house is really going to be the really tight window here. And, it's going to be vote by vote by vote for Nancy Pelosi.
BOLDUAN: And we will all be watching. Mark, Karen, thank you guys so much. Great conversation. John.
TUMULTY: Thank you, Kate.
ROBERTS: All right, Kate, 18 minutes after the hour. The attorney for Major Nidal Hassan, the alleged Fort Hood shooter, had a gag order slapped on him by the judge. So, his response, he became a blogger. What's that all about? We'll tell you coming up next. Stay with us.
(COMMERCIAL BREAK)
ROBERTS: Twenty-one minutes after the hour. We are back with The Most News in the Morning.
A lot of times when people go to apply for a job, the employer, potential employer looks not only at their skill set, their education, but also their credit history, and some changes may be afloat with that. And our Christine Romans is here to tell that, "Minding Your Business".
CHRISTINE ROMANS, CNN BUSINESS CORRESPONDENT: It makes people really nervous when they say I had a foreclosure, my credit's been blown out, I don't really have a great financial record, and suddenly you realize that your potential employer could be looking at that. Your potential employer, when they are looking through a whole list of job applicants, so 25 bills in 18 states are considering limiting this, so the employer only has certain information that they can look at. In some of these states they can only look at your credit history if it's a bank job, or the treasure of a nonprofit or an accounts payable office.
So, these are the states that are considering to limit this. Hawaii and Washington, have that states that are most job applicants friendly, where an employer cannot just dig into your financial history and say oh, there was a personal bankruptcy, maybe that was caused by a divorce. Oh, wow, this person is a 580 credit score, why would I ever hire them.
And so they are your rights, too, as well here. By federal law an employer must notify you if before obtaining a report. But, if you have ever been on a job interview, they will tell you, hey we are going to run a credit check and a criminal check. We just need your OK on that. And of course, you say OK because you want the job. They have to get your consent. And if they are not going to hire you because of what they found in that report, they are supposed to by law in writing tell you what it was and why they did not hire you.
But there is some concern, you guys, that there are employers -- we know, how many times have we reported, there are six applicants for every job opening. If you are an employer, small business employer, you cannot afford to make mistakes. You are concerned about, you know, getting the right person in there who has shown a lot of responsibility in their own life, you would put the person with the low credit score at the bottom, or somebody with a spotty credit history at the bottom, wouldn't you?
BOLDUAN: That is the way some would go.
ROBERTS: Playing the other side of this coin here. A person goes through a personal bankruptcy because of divorce or some medical catastrophe that we have talked about, medical bills sometimes throw people into bankruptcy, or their house went underwater, they got foreclosed on, do you want that held against you?
ROMANS: And that is exactly why some of these states are doing this because they think that, look an employer could look in and say this person is high maintenance. This person has a lot of things going on might be more likely to not be financially responsible here on the job, so these states want to make sure that that information is not going to be a hiring decision for people.
But, it's tough because, I thought about this a lot, and I talked to small business owners and they are on such a tight, thin, little razor's edge, and they say they cannot have somebody who is not going to be the right hire. And it is one of the factors that they consider in many cases.
ROBERTS: Got a Romans numeral for us?
ROMANS: I do. 750 is the Romans numeral. And this comes from our friend, Ryan Mack, from Optimum Capital.
ROBERTS: That's something about a credit score.
ROMANS: Yes, he said everyone right now should be trying to figure out how to repair themselves in the great recession and get your credit score to 750, that should be your personal goal, because then you have nothing to worry about in any of these situations. This does not pertain to you.
ROBERTS: Seven hundred and fifty, the goal. Christine Romans, "Minding Your Business" this morning.
BOLDUAN: That's a really tough goal. Thank you, Christine.
Filibusters these days. What is going on? They are not your grandfather's filibusters anymore. Jim Acosta with an "AM Original," coming up after the break.
(COMMERCIAL BREAK)
BOLDUAN: It is 27 minutes after the hour. Welcome back to the Most News in the Morning.
Top stories are just minutes away, but first in an "AM Original," something you will see only on AMERICAN MORNING. We are talking about the filibuster. Oh, yes, it got the name back in the 1850s and has been used for ages, but has it lost its political punch? Jim Acosta joins us with another report in our series, "Broken Government."
What's going on here, Jim?
JIM ACOSTA, CNN CORRESPONDENT: OK, you know, correspondents have been accused of filibustering from time to time. Not you or I, of course, but the truth is, the filibuster's not what it used to be. The rules, or lack thereof, make it easy for any senator to hold up legislation without much effort. To most people the word filibuster means to talk something to death, but you know what, in the senate, that's not how things work anymore.
(BEGIN VIDEOTAPE)
ACOSTA (voice-over): When it comes to the filibuster, times have changed.
JIMMY STEWART: Wild horses are not going to drag me off this floor until those people have heard everything I have got to say, even if it takes all winter.
ACOSTA: In the 1939 film classic, Mr. Smith goes to Washington, Jimmy Stewart puts on a filibuster that lasts 23 hours. Segregationist Strom Thurman set the record in 1957 filibustering for more than 24 hours against civil rights legislation. In those days, senators had to sleep on cots to wait it out.
ALFONSE D'AMATO (D), FORMER SENATOR FOR NEW YORK: We did not have a plan that was deep down in the heart of Texas.
ACOSTA: There have even been singing filibusters. But these days senators are no longer required to speak for hours on end, to hold things up.
UNIDENTIFIED MALE: You won't find the words filibuster in the rules of the senate.
ACOSTA: And because there are no rules, senate historian, Don Richie says a filibuster is in the eye of the beholder. A senator can talk for days or simply object over and over to a vote on legislation as Jim Bunning did this week.
UNIDENTIFIED FEMALE: Is there objection?
JIM BUNNING: There is. I object. And let me --
UNIDENTIFIED FEMALE: Objection is heard.
ACOSTA: And then slip down a senator's-only elevator. Unless the majority can come up with 60 votes to end the debate, a procedure known as cloture, the filibuster is on. The filibuster has gotten so easy the cots are rarely dragged out. More and more senators have private unmarked hideaways inside the capitol. Filibuster is all about the power of one. DON RITCHIE, U.S. SENATE HISTORIAN: That means that every individual senator is a very powerful player and does not have to be here for decades to accrue seniority to have an influence.
ACOSTA (voice-over): But a few democrats are pushing to change this old senate tradition.
SEN. MICHAEL BENNET, (D) COLORADO: During this session of congress, the right to filibuster has been abused.
ACOSTA: Even some republicans admit, they were wincing during Bunning's filibuster on unemployment benefits.
SEN. OLYMPIA SNOWE, (R) MAINE: So you really have to exercise judgment in that sense and who you are hurting at the moment in time. And I think that was what was so difficult about this.
ACOSTA: Olympia Snowe blames both parties for my way or the highway attitude, that was out of control.
ACOSTA (on camera): And you would agree with the feeling out there that the government is broken, that the congress is -
SNOWE: Absolutely, I hear my constituents at home, I see it, I feel it.
(END VIDEOTAPE)
ACOSTA: There is no way to track the number of filibusters, just the number of cloture motions, those votes to cut off debate, and the current Congress could break the record number of cloture motions. The record was set in the last congress two years ago with 112 cloture votes.
And Kate, we looked into this, a long time, Senator Robert Byrd said we should go back to the old way of having senators talk for hours on end in and old-fashioned filibuster. But the majority leader's office says they've looked into this, and the rules simply don't make it possible for them to require senators to talk for hours on end.
BOLDUAN: It's just as effective, a little less exciting, though.
ACOSTA: Yes, a little less.
ROBERTS: What fun is a filibuster if you don't have people talking for hours?
(LAUGHTER)
Checking this morning's top stories -- three bombings have killed at least 12 people in Baghdad this morning and wounded another 47. Polls opened just a few hours ago for early voting in the country's parliamentary elections. Officials say they were expecting violence ahead of today's elections. BOLDUAN: America's nuclear waste will not be heading to a facility beneath Yucca Mountain in southern Nevada. The department of energy has officially withdrawn its application for the project. The move comes after Congress voted to cut funding from this year's budget for the facility.
ROBERTS: And more bad news for New York Governor David Paterson. He's accused of violating state ethics laws by accepting free tickets to last year's World Series and then allegedly lied under oath about intending to pay for them.
BOLDUAN: The attorney representing Major Nidal Hasan is raising a few eyebrows. He started a blog to air his complaints about the case.
ROBERTS: Retired Army Colonel John Galligan says he is under a gag order. So does blogging violate that and should it be allowed? Joining us now is Paul Callan, a professor of media law at Seton Hall University and a former New York City homicide prosecutor. Paul, great to see you this morning.
PAUL CALLAN, CRIMINAL DEFENSE ATTORNEY: Good morning, John.
ROBERTS: You sort of changed your mind on this a little bit. Yesterday you were thinking it was a bad idea, and now today you talked to some folks and say maybe there is some strategy here.
CALLAN: Yes, I had an interesting discussion with JAG officer who is on his way to Afghanistan, and he said one of the things that irritates military lawyers is civilians get it wrong when they describe what is going on in the military.
And here what is happening with this case, it's in a very preliminary stage. It's called an Article 32 proceeding. There is an investigation going on, and what Galligan is trying to do, the defense attorney, he is trying to get this thing pulled out of the military system by demonstrating unfairness, by demonstrating they can't handle the case properly.
And so he is publicly attacking the investigating officer in the case. We don't have a judge involved in the case yet. This is sort of a preliminary investigation to decide whether there will be a general court-martial and eventually whether the death penalty could be imposed.
BOLDUAN: But Paul, Galligan started this blog forthoodattorney.com to vent his anger about the gag order, but by doing that is he in violation of the gag order?
CALLAN: I think technically he is very close to the line on this. Remember, what happens -- although he is a civilian lawyer, and this gag order has been issued by the commander, somebody in command authority at the base.
So it's not so clear as to what kind of penalty can be imposed on the lawyer, but I think he is very close to violating the gag order, because the gag order said he can't comment on any discovery materials he has been provided with.
We don't know what materials the prosecution has given him, but it could be that his commenting about the testimony takes him really close to violating the gag order.
ROBERTS: I read through some of the postings today and I was intrigued to find out anytime he mentions Obama, he calls him "Barack Hussein Obama." And then I read through some of the comments, and people do not seem to be very sympathetic to the things that he is saying in the overall.
Leslie, one of the commenters wrote, "Here is a thought. Let's have a lottery. People can put in $100 per ticket, and the winner of the lottery gets to put a bullet in the coward they call Hasan."
CALLAN: Once this thing gets to the point of a military jury, the same exact rules would apply, and normally a lawyer is not allowed to go to the press to try and influence an ongoing proceeding, specifically a jury. You can be subject to discipline if you do that.
But what Galligan is doing here is looking at a very preliminary situation. They are doing their preliminary investigation, and he is attacking the military.
And, John I saw him referring to the president as President Barack Hussein Obama. Now, that was very controversial during the presidential election.
ROBERTS: We remember Bill Cunningham, he got thrown under the bus by the McCain campaign.
CALLAN: And what's odd here is Galligan is representing a Muslim client, so why would he be attempting to smear the president for having the Hussein middle name. I don't get it, except to say one thing, he is positioning for a defense that's called undo command influence.
What he's trying to establish here is when the president visited the base, he had conversations with commanding officers at the base, and maybe the commander in chief saying you better do justice in the case has tainted the whole chain of command and will cause an unfair trial for the defendant, and let's move it out into the civilian system. That's Galligan long-term game plan here.
BOLDUAN: That may be his game plan, but what are the chances that this could backfire on him and his client?
CALLAN: Well, it could backfire, because if the case remains in the military system, these attacks on a public blog of the investigating officer and maybe eventually the presiding judge could cause anger and maybe rulings against his client.
So it's a dangerous tactic, but a lot of times these military lawyers that come in from the outside, civilian lawyers to try military cases, will do anything to get the case out of the military system. ROBERTS: What is the advantage of having it in the civilian system?
CALLAN: The advantage in the civilian system is you have you a civilian jury coming from all walks of life. In the military system, he will have a jury of other military officers who may be influenced by commanding officers. So he has a better shot at avoiding the death penalty before a civilian jury.
ROBERTS: Paul Callan, always great to get your take on things.
CALLAN: Nice to be here, thank you.
ROBERTS: Staying with the military, the relationship between the military and Hollywood. What does the military think about movies like "Hurt Locker" and "Avatar." Our Barbara Starr went to the Pentagon to find out.
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ROBERTS: Welcome back to the Most News in the Morning. The Oscars are this weekend and there is new controversy for the film, "The Hurt Locker." An army veteran is suing the movie's producers, claiming that the film's writer, a journalist who was embedded with his unit in Iraq, based the main character on him.
BOLDUAN: And this year the military is a major theme in the race for Oscar gold, and often producers of war movies turn to the Pentagon to help spice up their special effects. Barbara Starr is live at the Pentagon.
A very interesting assignment, Barbara, and it seems the relationship between Hollywood and the Pentagon, not so new?
BARBARA STARR, CNN PENTAGON CORRESPONDENT: Absolutely right, Kate. When the stars, directors, the producers walk the red carpet this Sunday, you may not realize it, but in fact a lot of the movie- making magic begins here.
(BEGIN VIDEOTAPE)
STARR: Back in 1927, "Wings" won the first Oscar for best picture, and it was the first time the military went to the film industry. It's been in Hollywood ever since.
LT. COL. GREGORY BISHOP, U.S. ARMY PUBLIC AFFAIRS: We are the only ones with Apache helicopters and tanks and trucks and all the stuff we can bring.
STARR: This year's best picture contenders "Avatar" and "The Hurt Locker" have military themes, but the Pentagon did not assist in either production. In fact, this year, it's more like irreconcilable differences.
Defense Secretary Robert Gates told aides he loves "The Hurt Locker," but Oscar nominated screenwriter, Mark Boal, says the Pentagon did not like the portrayal of the gritty reality of an army bomb disposal team in Iraq.
MARK BOAL, PRODUCER/SCREENWRITER, "THE HURT LOCKER": I made the movie how I saw it.
STARR: "Avatar's" director James Cameron did not ask the Pentagon for help with his fantasy about a marine veteran's involvement in a conflict on a distant planet. Still, the movie came under criticism by some in the military. In a published letter, a marine spokesperson criticized "Avatar" as a sophomoric portrayal of military culture.
Another Oscar nominated film did get the Pentagon's help. In "The Messenger" Woody Harrelson plays a soldier who notifies families when loved ones are killed. The Pentagon set up meetings with military personnel who perform those duties.
STARR (on camera): It's a nondescript hallway here in the Pentagon, but open the door and you begin to see where movie magic gets the once over.
STARR (voice-over): Deciding if a script has the glimmer of realism or fun he is looking for. He said yes to "Transformers, Revenge of the Fallen."
PHILIP STRUB, DOD DIRECTOR OF ENTERTAINMENT MEDIA: They filmed on a number of bases, they filmed with marines landing on a beach, in a destroyer, with various types of aircraft, and transport aircraft.
(END VIDEOTAPE)
STARR: And the Pentagon says of course it helps with movies that show the military in a positive light.
And coming next to a movie theater near you "Battle L.A." A group of U.S. marines help to battle an alien invasion of Los Angeles, and the Pentagon is helping with that movie as well.
BOLDUAN: And a good relationship, Barbara, but this has to cost money and it's a lot of time and inconvenience. Who is paying for all of this?
STARR: Moviemakers must reimburse the Pentagon and the federal government if these resources have to be moved away from the regular jobs and none of it can interfere with any ongoing military operations, and they do reimburse the Pentagon for any costs.
I asked what it would cost if I wanted to put an aircraft carrier on my credit card for a movie, and they said I did not afford it, Kate.
(LAUGHTER)
BOLDUAN: Thank you so much, Barbara.
ROBERTS: I wonder how much it does cost. Is it an actual cost or a token cost? BOLDUAN: I don't know if there is anybody that calculates that. We'll have to see.
And stay tuned to CNN for Hollywood's big night for the "Road to the Gold." We will be live from the red carpet on Sunday, and post show coverage begins on HLN.
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ROBERTS: Good morning, Washington where it certainly looks nice, sunny and 39 degrees right now. Later on today it's going to be 45 and it looks like the sun is going to be staying with us as well.
BOLDUAN: I sure hope so. And Rob Marciano is in the CNN Weather Center. What is going on, Rob?
MARCIANO: Sunshine but cold. So bear with it and we're going to spring at some point. The winds are going to knock down things, including what it feels like outside. It feels like 22 right now in Atlanta and it feels like 36 in Orlando. That's your wind chill and it's all from that (INAUDIBLE) low pressure that's heading off the Eastern Seaboard.
Pretty quiet across the nation's center, but also another storm rolling into the Pacific Northwest and in the inner mountain west. Here are the leftovers of that storm that rolled to the northeast yesterday-- a kind of a no news maker, but that's a nice one to have for a change of pace. It seems like every East Coast storm this year has had a fair amount of news, as you know.
These ones are going to make some news across parts of Nevada and Utah and Colorado, winter storm warnings and some advisories posted. You could see as much as 10 to 20 inches of snow across the intermountain west (ph). We'll take that fresh (INAUDIBLE) as we get closer to spring break.
Boston, New York, D.C., Philly, I think they'll see a little bit in the way of delays today because of the winds that are again, leftover from that storm.
Temperatures will be definitely chilly; 39, that's more like January. We're definitely looking at below average temperatures everything kind of pivoting around this high where it's quiet in the mid-section but there's a driving cold air down as far south as Florida.
It is although bringing in somewhat above average temperatures across parts of the west. And that will try to get a little bit farther to east come this weekend. I don't think we'll be above average east of the Mississippi, but at least we'll be closer to and that will feel good for a change of pace.
John and Kate, back up to you.
ROBERTS: Well, look at that and it's like a line right down the center of the country, above average and below average. BOLDUAN: I know we're on the wrong side of it.
ROBERTS: I think we are.
MARCIANO: Going kind of lopsided actually.
BOLDUAN: Yes.
ROBERTS: Time to head west Rob. Thanks so much.
MARCIANO: Right, see you guys.
ROBERTS: We've got 11 minutes now to the top of the hour. New guidelines for men when it comes to screening for prostate cancer; you want to hear this.
Stay with us. We'll tell you next.
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ROBERTS: Fifty-two minutes after the hour. Welcome back to The Most News in the Morning. It's time for your "AM House Call: Stories about your Health".
That means that we're going to be telling you about something from the American Cancer Society this morning, revising its guidelines on testing for prostate cancer. The group says most men over the age of 50 should have a serious talk with their doctors before they decide to be tested. That's because false positives can lead to unnecessary treatments and some damaging side effects.
A new study out of Japan shows that CPR, including mouth to mouth is better for kids. For the past two years the American Heart Association had recommended CPR with chest compressions only with no air way resuscitation. But the researchers found that when kids also got mouth to mouth they were more likely to come out of their injury with better brain function.
And you may also want to double-check your receipt the next time you're dining out. Some restaurants are now tacking on a health charge. The fee first appeared in San Francisco as a way to cover the restaurant's mandatory contribution to the city's health care system.
But experts say you can expect to see this charge copied elsewhere. So if you go to restaurants these days it looks like, calorie counts, health charges. My goodness --
BOLDUAN: Oh, it's a hard life.
ROBERTS: Yes, it's a hard -- you know, if people just made healthy choices in what they do every day, as opposed to eating junk --
BOLDUAN: I know.
ROBERTS: It would cost us less. What do you think? BOLDUAN: I think you are right.
ROBERTS: There you go.
BOLDUAN: Listen up, America.
All right, five former presidents together; a presidential reunion, Jeanne Moos style, after the break.
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BOLDUAN: Four minutes until the top of the hour, and that means it's time for the Moost News in the Morning. There is a reunion of sorts involving some "Saturday Night Live" alumni.
ROBERTS: In fact, presidents, former and past back together again.
CNN's Jeanne Moos has got the story.
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JEANNE MOOS, CNN CORRESPONDENT: If a get-together featuring five live presidents was a big deal --
BARACK OBAMA, PRESIDENT OF THE UNITED STATES: This is an extraordinary gathering.
MOOS: Yes, well then so is this.
UNIDENTIFIED MALE: Now listen Borat --
UNIDENTIFIED MALE: Barack.
MOOS: The most famous presidential impersonators of all-time gathered in one room to offer advice to the Obamas.
UNIDENTIFIED MALE: Man, and Michelle's got some legs on her.
UNIDENTIFIED MALE: How did you two get in here?
UNIDENTIFIED MALE: The security code is still 1234 from when I was prez. Only took me 5 times to remember it.
MOOS: "Saturday Night Live" stars like Will Ferrell --
WILL FERRELL, AS GEORGE W. BUSH: Betty, did you change the locks again?
MOOS: -- And Chevy Chase doing Gerald Ford.
CHEVY CHASE, AS GERALD FORD: Well, if you had listened to me, it would have raised taxes.
MOOS: And Dana Carvey doing George Bush Sr.
DANA CARVE, AS GEORGE H. W. BUSH : Yes, that second term of your was a real victory lapper, wasn't it Nebersch?
MOOS: Topped off with Jim Carrey as Ronald Reagan.
JIM CARREY, AS RONALD REAGAN: To help "Mr. Reach Across the Aisle" grow up.
MOOS: It was a reunion of the presidents of comedy, with director Jake Simansky (ph).
JAKE SIMANSKY, DIRECTOR: Absolutely, it was incredible.
MIKE FARAH, PRODUCER, FUNNYORDIE.COM: And they're just as excited as everyone else. I mean they're all friends and know each other, but they haven't anything like this before. So everyone is kind of just looking around and saying, you know, I cannot believe this is happening.
MOOS: The comedians donated their time to make this funny or die video to push for financial reform in the creation of --
UNIDENTIFIED MALE: The Consumer Protection Agency.
MOOS: The video, shot in a day from noon to midnight was directed by Ron Howard.
UNIDENTIFIED MALE: When I put the Iraq war on my credit card, I never dreamed I would be paying 28 percent in interest rates.
GEORGE W. BUSH, FORMER PRESIDENT OF THE UNITED STATES: I want to thank the President-elect for joining the ex-presidents.
MOOS: Occasionally the real presidents were unintentionally almost as funny as their impersonators. For instance, when George Bush Sr. almost shook hands with his hanky or when Bill Clinton got lovey-dovey about the Oval Office rug --
BILL CLINTON, FORMER PRESIDENT OF THE UNITED STATES: I love this rug.
MOOS: Of course, only the impersonators could bring back departed presidents.
UNIDENTIFIED MALE: I'm dead, but I am going to be a guest on "Dancing with the Stars" this season.
MOOS: Both the real presidents and the impersonators took a group photo, and should you decide to do what the video says and call your Senator, make sure you use the phone, not the glass.
Jeanne Moos, CNN --
UNIDENTIFIED MALE: President Barack O'Donnell --
MOOS: New York.
(END VIDEOTAPE) ROBERTS: Now that is funny.
BOLDUAN: No words to describe.
ROBERTS: Continue the conversation on today's stories. Go to our blog at cnn.com/amfix. We would like to know what you think about things.
That's going to wrap it up for us. Thanks so much for joining us today.
Kate, it was great to see you here.
BOLDUAN: Thank you for having me. It was actually really fun.
ROBERTS: A lot of fun.
BOLDUAN: Who knew work could be fun?
ROBERTS: Who knew that?
BOLDUAN: Here's "CNN NEWSROOM" with Fredricka Whitfield.
