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BP to Take Final Steps in Cementing the Well; Problems with Full Body Scanners; Fight is Not Over Against California's Proposition 8; Petraeus Offers New Rules of Engagement to Protect Afghan Civilians; Overweight Pregnant Women Likely to have Overweight Children

Aired August 05, 2010 - 06:59   ET

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


CHETRY: Good morning to you. It's Thursday, August 5th. Glad you're with us on this AMERICAN MORNING. I'm Kiran Chetry.

ROBERTS: Good morning to you. I'm John Roberts. Good to have with you us today. Lots to talk about. Let's get right to it.

BP says the heavy mud that was pumped into its ruptured well is holding back the oil. The final fatal steps cementing the well expected to begin today. But the positive news is being met with skepticism from some Gulf residents. We're live in New Orleans this morning.

CHETRY: Much of the country is going to be a struggle to stay cool today. The nation is in the group of a dangerous and in some cases deadly heat wave. Power companies are maxed out. Cooling centers are open. Even zookeepers are trying to feed the animals popsicles to stay cool, and the mercury is rising again this morning.

ROBERTS: And we were told that images from those full body scanners at security checkpoints couldn't be restored. Now comes word that one federal agency is doing just that. We're live in Washington on this developing story this morning.

CHETRY: First though right now, BP is preparing for the final step in the static kill operation. After 108 days, the oil giant's blown out well is almost shut for good.

ROBERTS: The government giving BP the green light to submit over the well today after heavy drilling mud they pumped in Tuesday successfully forced the oil down into the reservoir. The government also telling BP to move forward with the relief wells they're drilling. That process should be completed within the next two weeks or so.

Despite the positive news, though, administration officials insist they're not standing down, instead, telling CNN, they are just beginning phase one of their long-term restoration plan.

Our Jim Acosta is live in New Orleans for us this morning.

Jim, it's good news, indeed, that BP may be pumping cement down to that wellbore today. JIM ACOSTA, CNN CORRESPONDENT: It absolutely is, John. You'll have to forgive the folks down here in Louisiana, they're not popping open the champagne just yet. And even though the national incident commander, Thad Allen, has given BP the go-ahead to go ahead and put cement down into that well, you would think that would be greeted with optimism down here.

But I have to tell you, for people down here in the Gulf coast of Louisiana, this has become a question of who to trust, the government officials who say all of that oil is disappearing out on the Gulf, or the local people down here who say it's still coming ashore.

(BEGIN VIDEOTAPE)

ACOSTA: Yes, the people of Louisiana have seen the latest video of the mostly clear blue waters in the Gulf of Mexico. And, yes, they've heard the latest government report that all but roughly 25 percent of the oil spilled into the gulf is gone. That doesn't mean that people like Louis Bolero are going to believe that.

ACOSTA (on camera): What do you think when you hear that?

UNIDENTIFIED MALE: Where it is? Where did it go?

ACOSTA (voice-over): A lifelong commercial fisherman, Bolero now coordinates disaster response teams for the St. Bernard Parish, and his response teams are made up of fisherman who are also skeptical.

JOHNNY NUNEZ, COMMERCIAL FISHERMAN: Where it went? Who picked it up? We didn't. You know, where it went? It's still there.

BARACK OBAMA, (D) PRESIDENT OF THE UNITED STATES OF AMERICA: The long battle for stop the leak and containing the oil is finally forced to coming to end. We are very pleased with that.

ACOSTA: The latest White House message from the president right down to the president secretary.

ROBERT GIBBS, WHITE HOUSE PRESS SECRETARY: Many of the doomsday scenarios that were talked about and repeated a lot have not and will not come to fruition because of that.

ACOSTA: Along with BP's new found confidence that its damaged well is no longer a threat, sound like a political mop up operation to St. Bernard parish president Craig Taffaro.

ACOSTA (on camera): Is it possible that people are so beaten up it's difficult to believe their own eyes?

CRAIG TAFFARO, ST. BERNARD PARISH PRESIDENT: No, I don't think so, because we believe what we see, and that's why we continue to have some concerns.

ACOSTA (voice-over): So Taffaro's staff still goes out every day to capture the images of the oil still rolling into its parish, in part to convince BP that the cleanup operations are sorely needed. TAFFARO: For BP, to say, guys, we don't need you anymore, that puts us in the position of having an entire community in no man's land.

ACOSTA: No man's land because commercial fishermen could end up stopped with no cleanup work and no markets for their seafood. It's no wonder Louis Bolero wears "the fisherman's prayer" around his neck.

UNIDENTIFIED MALE: Continue to give us hope and courage to face the challenge that lie ahead, reminding us always that you will bail us out. Amen.

(END VIDEOTAPE)

ACOSTA: And they still need those prayers down here, John and Kiran. In the end, government officials may find it harder to kill the skepticism down on the Gulf than it is that damaged well. Taking the government at its word, at this point, just as slippery as cleaning up all of that oil out there.

And as Craig Taffaro told us yesterday, if a quarter of the oil is still out there in the gulf, you have to keep in mind, one quarter of 200 million gallons of oil is about 50 million gallons. That's still five times the size of the Exxon Valdez disaster. John and Kiran?

CHETRY: All right, as we said, some conflicting viewpoints even by scientists themselves about where the oil may have gone. We'll continue to watch that, of course. Jim, thank you.

Also new this morning, it could be Elena Kagan's big day. The full Senate is expected to confirm Kagan to the Supreme Court today. Right now, she's considered a virtual lock. Five Republicans have signaled she has her support. Kagan would become only the fourth woman ever to sit on the high court.

ROBERTS: An American airlines flight from New York to Los Angeles was forced to make an unscheduled stop in Albuquerque, New Mexico yesterday. A passenger was lighting matches and smoking on board. The incident prompted an emergency landing.

The passenger was removed from the flight and questioned by the FBI. Agents say there was no bomb or threat made.

CHETRY: I'm sure that was questioned by the fellow passengers who were inconvenienced.

Well a group representing a New York City firefighter who survived the September 11th terror attacks has filed a lawsuit to stop construction of the controversial Islamic center and mosque near ground zero. In the suit the American Center for Law and Justice says, quote, "We seek to preserve and have landmark of property that terrorism was unable to destroy."

ROBERTS: Well, in terms of the weather, it is going to be another scorcher today, the country in the middle of a dangerous heat wave right now. Here's what it felt like yesterday. Places like Memphis, 108 degrees. Little rock, Arkansas, 106. And 104, Jackson, Mississippi.

CHETRY: Yes, it's pushing electric grids to the limit as well as the human body. Nine people have died because of this heat wave across the south and Midwest. Our Rob Marciano is live for us this morning in Atlanta. He's in Piedmont Park, in fact, as people down there also trying to stay cool.

ROB MARCIANO, CNN METEOROLOGIST: Yes, they are, and across much of the southeast, as a matter of fact. We said it yesterday, we'll say it again. Believe it or not, the heat is the number one related weather killer.

So just do what you got to do to stay cool, especially in the humidity. It's tough for your body to cool down. And certainly look after your neighbors if they are elderly or infirmed.

Across the southeast the heat and humanity, even at night it doesn't cool down. It seems like there's no escaping this heat.

(BEGIN VIDEOTAPE)

MARCIANO: How hot is it?

UNIDENTIFIED MALE: Yesterday, the asphalt chipped at 160.

MARCIANO: Temperatures that can scald in a second.

UNIDENTIFIED MALE: There's no shade. There's no shade, no place to hide.

MARCIANO: Whether you work or play in the sun there's no escape. Across much of the country, temperatures and heat indexes shot well into the triple digits pushing people and power grids and the entire machine to the limit. In Arkansas, officials say the brutal heat buckled concrete and firefighters were busy with more than a dozen wildfires.

UNIDENTIFIED MALE: It's pitiful. It's hard on us. It's hard on the grass. I mean, it's just probably -- it's just too hot.

MARCIANO: Water lines burst in Tulsa. And in the nation's capital, officials cut the speed of commuter trains in fear that the metal tracks might bend.

Everywhere, the sick and elderly are vulnerable, keeping the AC cranking, literally a matter of life and death. In Nashville, the power company let late bills slide. And in Oklahoma City, free movies for seniors.

UNIDENTIFIED FEMALE: Can I get it free?

UNIDENTIFIED FEMALE: Yes, ma'am.

UNIDENTIFIED FEMALE: Oh, man. Can you believe that? MARCIANO: People won't mind all those previews providing a few more minutes of relief.

(END VIDEOTAPE)

MARCIANO: So, if you choose to exert yourself or exercise, do so this time of day, in the morning, before the heat gets going. We've got some activity here at Piedmont Park. We've got the boot campers out, a couple kids getting their Tae-Bo and Zen out.

(WEATHER REPORT)

CHETRY: Also new this morning, federal prosecutors are stepping up their investigation against seven-times tour de France champ Lance Armstrong. "The New York Times" is reporting today that a former teammate told investigators that Armstrong took part in illegal doping. Back in May disgraced cyclist Floyd Landis publicly accused the cycling star and other team members of using performance enhancement drugs as well as blood transfusions to get an unfair advantage.

Armstrong has consistently denied any involvement in doping.

ROBERTS: Alex Rodriguez, welcome to the club. What took you so long? The Yankees slugger finally connected on his 600 career homerun yesterday. A-rod is just the seventh player to hit 600 homers and the youngest to ever do it. We've got Max Kellerman coming in to talk about that achievement and what it means in the 8:00 hour this morning.

CHETRY: I think he was just waiting to do it at home.

ROBERTS: On a lovely Wednesday afternoon when one of our writers, Rick Saleeby took his dad to the game for his birthday.

CHETRY: The hot dog eater, remember him?

ROBERTS: And he also ate the curry.

(LAUGHTER)

CHETRY: Well, a judge strikes down California's ban on same- sex marriage, but both sides say the legal fight is actually far from over. Up next on the most news in the morning, we're going to talk about what comes next with federal prosecutor and criminal defense attorney Paul Callan.

(COMMERCIAL BREAK)

CHETRY: It's 13 minutes past the hour now. Welcome back to the most news in the morning. Same-sex marriage supporters are celebrating in California this morning after a federal judge's decision to overturn California's Prop 8, a state ban on same-sex marriage. Still getting reaction on both sides of the debate. Let's listen.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Just a great moment today, because now we're a giant step closer to restoring that basic freedom of marriage in California.

UNIDENTIFIED MALE: It's a great tragedy. It's a fantastic attack upon our nation, our children, on our families. So hopefully, we'll have to rely on the Supreme Court now to save the nation.

UNIDENTIFIED FEMALE: It's really hard to talk because I'm so excited and so happy. Earlier today I was shaking because I was cold. Now, I'm just shaking out of joy.

(END VIDEO CLIP)

CHETRY: Well, groups in favor of the ban are vowing to appeal the judge's ruling before the ink even dries. John?

ROBERTS: Legal representatives on both sides of the Prop 8 debate can agree on one thing. This fight is far from over. For more, let's bring in former New York prosecutor and criminal defense attorney Paul Callan. Paul, great to see you this morning.

PAUL CALLAN, CRIMINAL DEFENSE ATTORNEY: Nice to be here, John.

ROBERTS: So this is pretty heavy reading here. It's 136 pages that actually goes thump when you drop it. But it's very interesting when you read through his findings and fact-based arguments for the decision.

One of them says the court determines that the plaintiffs equal protection claim is based on sexual orientation, but the claim is equivalent to the claim of discrimination based on sex. He's put those two things together?

CALLAN: Yes, he has. This decision, 136 pages, big, big factual records supporting Judge Juan Walker's decision here. He's looking down to the appellate process which is going all the way to the Supreme Court. And I think what he's done here is he's laid out a very compelling case with evidence, with scientific support.

Remember, proponents of gay marriage called 18 witnesses in this case, and they created a very lengthy record. Opponents of gay marriage only called two witnesses, and their case was a very, very sparse case in terms of actual evidence presented. So if you just weigh the amount of evidence on both sides of the question, the proponents of gay marriage really carried the day in the court.

ROBERTS: When you take a look at how sort of, quote, "thick this is" with fact-based evidence, scientific studies, that sort of thing, as opposed to just a legal opinion, how do you think that will carry it through the appeals process?

CALLAN: Well, I think he's in very, very good shape. When I say "he," the judge, in terms of upholding the pro-gay marriage decision. Remember, it's being appealed to the 9th Circuit Court of Appeals which is a very liberal court which has been favorable on these sorts of issues. So I think he's created a good record. It's likely he'll be sustained at that level. But you know, once you get to the U.S. Supreme Court, then that depends upon how many conservative justices there are, how many liberal justices there are. And you may have a whole different situation there.

ROBERTS: But this fellow is a conservative justice. He was appointed by George H.W. Bush in 1989. He's taken to be something of a libertarian as well.

So do you think that his arguments, at least, will be reflective by some of the conservative justices on the Supreme Court?

CALLAN: Well, they may very well be. Because one of the interesting arguments he makes is he says that the constitution says that if you're going to pick out a group and discriminate against that group in some way. Like For instance, kids. We have laws saying that kids can't drive until they're 18 or 21 years of age, or they can't drink.

You can single out a group if you have a rational basis for a different set of laws for that group. He says, with respect to gays in America, there's no rational basis to discriminate against them, to treat them differently with respect to marriage than non-gay individuals and heterosexuals. So it's the rational basis test and he makes a compelling argument that there's a violation of both the due process clause of the constitution and the equal protection clause.

ROBERTS: He also said that Prop 8 means that California fails to live up to its obligation toward all people in the state. Here's what he wrote. He wrote, quote, "Domestic partnerships do not satisfy California's obligation to allow the plaintiffs to marry." He went on to say domestic partnerships which were created sort of as a loophole around all of this, do not provide the same social meaning as marriage.

So he's basically saying it's the state's responsibility to allow these people to marry and give them the same social standings as a man and a woman?

CALLAN: Yes, that's exactly what he's saying. But I think the other thing we have to fall back on and we have to understand that there are huge numbers of Americans who are strongly opposed to gay marriage. And those people would strongly disagree with this assessment. And what they would say is that there is nothing in the United States constitution that makes any reference to gay marriage. Indeed, it makes no reference to marriage at all. So where does this judge get off saying it's unconstitutional.

I think, you know, the opponents say, hey, these are judges who are not elected trying to make laws. The majority of people in California voted against gay marriage. Where does a federal judge come off saying that the voters will be overruled? So this is a very, very heated discussion and debate among individuals interested in the question.

ROBERTS: So this is one state of 50. There are no federal laws regarding gay marriage, though there the Defense of Marriage Act. But when you look at him putting together this idea that not allowing gays and lesbians, same-sex couples to marry, equates to discrimination based on gender, it's the same sort of thing. And there are federal laws governing that.

So, if the Supreme Court upholds California, this rumor, does it spread across the country?

CALLAN: Oh, it most definitely will spread across the country. But it's interesting how the Supreme Court handles big social questions like this. Usually, they will allow many of the state courts and many of the lower federal courts to make decisions like this. There'll be a New York decision, a California decision. And they kind of let it percolate in the lower courts. And then the case eventually, or many cases come up to the Supreme Court, and they make the big decisions. So I don't think you're going to see the Supreme Court jumping in on this immediately. I think it's probably going to be another couple of years. A lot of cases will be decided by the lower courts. And then they'll move in and make the big decision as to whether it's legal or not. Gay marriage in the United States.

ROBERTS: Well, that will give us two years of news to cover on.

CALLAN: Yes, it will, John.

ROBERTS: Paul, it's great to see as always. Thanks so much for coming in.

CALLAN: Nice to be here.

ROBERTS: Kiran?

KIRAN CHETRY, CNN ANCHOR: All right, thanks. And we also want to know what you think. The amFIX blog is up and running. We have been getting some comments. We'll read a few of them for you as well. You can head to CNN.com/amFIX.

Also, U.S. and coalition troops in Afghanistan operating under new guidelines this morning. But what are the new rules of engagement? And will they make a difference? We're live at the Pentagon with more.

Twenty minutes past the hour.

(COMMERCIAL BREAK)

ROBERTS: Twenty-three minutes after the hour. New this morning. We're learning more about the prime suspect behind the leaking of tens of thousands of secret Afghan war documents. Before Private First Class Bradley Manning's arrest in June, he allegedly sent a text message to the former computer hacker who tipped off authorities writing, quote, "I've been isolated so long." Friends tell CNN Bradley was smart, opinionated but also teased in the military for being gay.

CHETRY: Well, turning to the war front in Afghanistan now, the top general there is offering up new rules of engagement for 155,000 U.S. and coalition troops. The directive comes from David Petraeus and it limits civilian casualties. At least that's the goal.

ROBERTS: The subject has become a major source of tension in Afghanistan. Our Barbara Starr is live at the Pentagon, and at the same time, David Petraeus is rolling out this new code of conduct for U.S. and coalition soldiers. The Taliban is doing something similar. What's that all about?

BARBARA STARR, CNN PENTAGON CORRESPONDENT: Absolutely, John and Kiran. David Petraeus has his plan for the war. The Taliban have their plan. Both sides making it public. The bottom line is that fight for the hearts and minds of the Afghan people.

(BEGIN VIDEOTAPE)

STARR (voice-over): After one month in command, General David Petraeus has now laid out how he wants to fight the Afghan war. Petraeus has largely kept current rules in place telling troops in a message to maintain, quote, "disciplined use of force to avoid civilian casualties. Petraeus had acknowledged the existing rules were controversial.

GEN. DAVID PETRAEUS, CMDR., US FORCES IN AFGHANISTAN: I am keenly aware of concerns by some of our troopers on the ground about the application of our rules of engagement and the tactical directive.

STARR: Recent operations in the Helmand River Valley underscored the dilemma for troops, fighting insurgents and yet holding back if an operation would endanger civilians at the same time. In his directive, Petraeus made clear troops still have the right to self- defense. But guess what, the Taliban just laid out their own 69-page code of conduct for dealing with Afghan civilians.

STEPHEN BIDDLE, COUNCIL ON FOREIGN RELATIONS: The Taliban make a very explicit exception for civilians who side with the government of the coalition who they think it's open season to kill. We aren't threatening to kill Afghan civilians who express sympathy for the Taliban.

STARR: The coalition says there's evidence that the Taliban doctrine is being implemented. Recently some 50 elders in the Kandahar region received threatening letters telling them to leave their villages or be killed. So is the Taliban attacking more because it's stronger, or because it's worried the military could succeed in stopping them? Stephen Biddle who has advised the coalition says right now, coalition strength is growing, but so is the Taliban effort.

BIDDLE: And where the outcome is up in the air. And we don't know which side is going to win yet.

(END VIDEOTAPE)

STARR: Well, what's the coalition going to do about all of this now? Spokesmen say the plan now is to publicize every instance of Taliban violence so the Afghan people know where it's coming from. Many Afghans, most Afghans will tell you they know exactly what the Taliban had been doing. They have been their victim for years -- John, Kiran. CHETRY: Barbara Starr for us this morning from the Pentagon, thanks.

And still ahead, what about those full-body scanners? You remember, we were told that they wouldn't save the images? Well, now, it turns out the feds have 35,000 of those images saved. So what happened here? We're taking a closer look.

It's 26 minutes past the hour.

(COMMERCIAL BREAK)

CHETRY: Twenty-nine minutes past the hour. Time for a look at your top stories now.

The end of the gulf oil disaster may finally be at hand. Today, BP is expected to begin pouring cement down its damaged well. That's on top of all the heavy drilling mud that they pumped in two days ago. To make sure that the well stays plugged, BP is still pushing ahead with its relief well which should be ready in the next two weeks.

ROBERTS: The full Senate expected to confirm Elena Kagan to the Supreme Court today. Right now, she is considered all but a lock. Five Republicans have signaled that she has their support which will mean the GOP does not have the numbers of a filibuster. But most Republicans have argued she has no experience as a judge and that she's too liberal.

CHETRY: Gay rights activists are celebrating a federal judge's decision to overturn California ban on same-sex marriage. But groups on the other side of Prop 8 are vowing that the legal fight is not over.

(BEGIN VIDEO CLIP)

RANDY THOMASSON, SAVECALIFORNIA.COM: The judge has dealt a terrible blow to natural marriage, the voters' rights, the constitution and this republic we call the United States of America. You mark my words, if marriage can mean anything, then marriage ultimately will mean nothing.

(END VIDEO CLIP)

CHETRY: And as we just heard when you spoke with Paul Callan a few moments ago, it will eventually, probably makes it way to the Supreme Court. But he said that we may see some local rulings or some statewide rulings first.

ROBERTS: Yes. And they go with this particular ruling, go through the Ninth Circuit first as well. He thought maybe it would take a couple years for it to make its way up. We'll keep following it for you.

We're also following new developments this morning, in a story that's sure to have privacy advocates up in arms. The U.S. marshal service has admitted storing full-body scan images of people entering the federal courthouse in Orlando, Florida. The federal agency hasn't stored just a few, it's got more than 35,000 images on record.

CHETRY: And it's no surprise, this is now raising new questions about these scanners, the ones being used in airports security check point as well. Homeland Security correspondent Jeanne Meserve joins us now in Washington. Well, first of all, tell us, how was this discovery made?

JEANNE MESERVE, CNN HOMELAND SECURITY CORRESPONDENT: The freedom of information act of a request from a privacy group. We have some samples of the images saved by the marshal's millimeter wave machine in Orlando. They aren't particularly revealing, but what is so disturbing to privacy advocates is that they were saved at all, after so much assurances from government officials that the machines would not do that. Here's Homeland Security secretary Janet Napolitano in March.

(BEGIN VIDEOTAPE)

JANET NAPOLITANO, HOMELAND SECURITY SECRETARY: The machines are not set to store images. They're not set to transmit images. And they are objectively better at detecting liquids, powders, gels, other things that somebody may try to smuggle on the plane, to blow up the plane.

We have really been working on the privacy side to make sure those concerns have been mitigated from the original iterations of the technology. Allow the reports that are out, such as the one you referred to, are really talking about, you know, older iterations of the technology.

ROBERTS: Sure -

NAPOLITANO: We want to deal with those as we go through the implementation.

ROBERTS: Sure. But can you guarantee, madam secretary, again that we will never, ever hear a sorry of somebody inappropriately storing or transmitting these images?

NAPOLITANO: Look, I'm going to tell you, we are not retaining. We are not keeping. They are not designed for that at all.

ROBERTS: Right. But that doesn't sound like an unequivocal no.

(END VIDEOTAPE)

MESERVE: Now, the same images we're talking about today were from the U.S. marshal's machine at a courthouse, not a transportation security administration machine at an airport checkpoint. The TSA is reiterating today that although its machines can store images when they're being tested, but, "all functionality to store, export or print images is disabled before these machines are delivered to airport checkpoints."

But the privacy group who obtained the marshal's images, the Electronic Privacy Information Center, says it bolsters its case for barring use of machines at airports. John and Kiran, back to you.

ROBERTS: Simply because they don't trust that that indeed will be the case. And the secretary went on to say in that interview, can I say that mistakes won't be made? No. So how many of these machines are out there? How many potential mistakes are there?

MESERVE: Well, the marshals say they tested the machines in Orlando and in Washington, D.C., and in fact, the machine in Washington, D.C. has been returned to the vendor. The TSA though has about 160 of the machines deployed at 43 airports. They plan to have 500 of them out there by the end of this year, and 1,000 by the end of 2011. TSA says they improve security and that's why they're deploying them so widely.

CHETRY: All right. Jeanne Meserve for us this morning, to be continued for sure. Thank you.

MESERVE: You bet.

CHETRY: Well, the oil spill calculation. There's a debate on the assessment of how much damage happened to the Gulf of Mexico. So what's the view on the ground for the people that were fighting the oil right there on the frontlines from day one.

Homeland Security director of Jefferson Parish Deano Bonano is going to be joining us with his take. Still ahead.

(COMMERCIAL BREAK)

CHETRY: 37 minutes past the hour. Welcome back to the most news in the morning. Well, BP is preparing to finally kill the ruptured well at the bottom of the gulf today.

ROBERTS: The federal government announcing that there's very little oil left on the surface of the Gulf of Mexico to clean up, which leaves a lot of people who live and work along the gulf asking the same question, where did all that oil go? More now on that from Ed Lavandera.

(BEGIN VIDEOTAPE)

UNIDENTIFIED MALE: It was just terrible.

ED LAVANDERA, CNN CORRESPONDENT (voice-over): It wasn't long ago, you'd find thick crude floating in the Gulf of Mexico. This was the end of May, about 12 miles off the Louisiana coast.

UNIDENTIFIED MALE: Certainly, it does look like it's fresh out of a pipe.

LAVANDERA: But according to the federal government, images like these no longer exist in the gulf waters.

JANE LUBCHENCO, NOAA ADMINISTRATOR: There is negligible amount of oil still at the surface. LAVANDERA: Overall, a new federal report paints a rosy picture of the oil spill cleanup, a far cry from the days of thick oil covering huge parts of the gulf. The report says that only 26 percent of the oil still exists in the form of light sheen and tar balls or microscopic droplets in the water. But how can most of the estimated five million barrels of oil already be out of the water

(on camera): According to that federal report, about a third of the oil was either skimmed up, burned or blasted with chemical dispersants. Another huge chunk, about 40 percent, they say, evaporated or dissolved naturally. But how does that happen?

UNIDENTIFIED MALE: This is sample of light, sweet crude.

LAVANDERA (voice-over): That's the kind of oil that was gushing into the gulf, very different from the oil in Alaska's "Exxon Valdez" disaster.

Dr. Richard Snyder from the University of West Florida showed us how sweet crude oil changes once it escapes the well.

DR. RICHARD SNYDER, BIOLOGIST, UNIV. OF WEST FLORIDA: This represents the weathering process. This has a lot of light material in it. And if you opened this up, it would knock you out. It's like opening a can of paint thinner. It's just very, very thin. A lot of volatile materials. When this hits the surface, a lot of this material will start evaporating right away. And it will get heavier and as that lighter material evaporates, we'll get this heavy, gooey, tar-like material.

LAVANDERA: At this point, scientists say microbes in the warm gulf waters start eating the oil. What's left over turns into tar balls. Many wash up on the shorelines and get picked up by cleanup crews. But the federal government's findings has skeptics. Many worry about what we can't see.

SEN. BARBARA MIKULSKI (D), MARYLAND: We know that dispersants break up in small droplets. That they're seeking the water. Gee, what does that mean? And what does being invisible mean? Because it's invisible, it can't be overlooked and under evaluated?

LAVANDERA: The federal report also says that there are vast amounts of microscopic oil droplets lingering some 3,000 to 4,000 feet under water and we've seen oil trapped in this gulf algae that's a natural nursery for marine life.

VOICE OF DR. IAN MACDONALD, OCEANOGRAPHER, FLORIDA STATE UNIV.: Each one of these little patches of packages of floating leaves here are very important habitat for a variety of animals, crabs, small fish. So all of this habitat that has been fouled by this bits of oil.

DR. ERIC HOFFMAYER, SOUTHERN MASS. GULF COAST RESEARCH LAB: It's a lot of unknown (INAUDIBLE) and we just don't know what the long term implications are going to be. It's going to depend on the exposure level.

LAVANDERA: The oil well is finally dead. But the debate over the oil spill's environmental impact is just now coming alive.

Ed Lavandera, CNN, New Orleans.

(END VIDEOTAPE)

CHETRY: Ed, thanks so much. We're going to get more on this issue with somebody who's been there on the ground from the very beginning, Deano Bonano. He is the Homeland Security director for the Jefferson Parish and he's going to be giving us his take on whether he believes the assessments. Coming up.

(COMMERCIAL BREAK)

(MUSIC PLAYING)

CHETRY: 43 minutes past the hour. There's a lot of progress to report in the Gulf of Mexico this morning. We've been getting a lot of good news, in fact that BP's now preparing to start pumping the cement down its ruptured oil well to kill it for good.

It's the news that the residents in the gulf have been waiting to hear for 108 days now. Joining me from New Orleans to talk more about these developments is Deano Bonano, Homeland Security director for Jefferson Parish. Good to see you again, Deano.

DEANO BONANO, HOMELAND SECURITY DIRECTOR, JEFFERSON PARISH: Good morning, Kiran.

CHETRY: I really wanted to get your take. Because you know, you've been there since day one. And we've heard this very rosy assessment yesterday from NOAA, that 75 percent of the oil is gone. What do you think?

BONANO: Well, that's certainly good news. And we're cautiously optimistic that this is the beginning of the end, certainly not the end. And we do continue to fly the other reconnaissance of the gulf. Our Jefferson Parish (INAUDIBLE) helicopter does the grid out in the gulf every day, and all we're seeing right now is light sheening.

It's so light, that it's not even recoverable on skimmers. So it's good news. But we don't want people to let their guards in. There's still a lot of oil unaccounted for. So we're not ready to pull assets back and say, "hey, look, the danger's over." We're still going to be prepared with all of our assets, our barges, our booms, and skimmers to protect the coast if oil does surface.

CHETRY: In the meantime, what does it look like down there now, as compared to how it was at the height of this disaster?

BONANO: Well, most of the heavy oil has been removed off the beaches. And efforts are still ongoing right now to continue to clean the perimeter of the marshes. But on a daily basis, we still see tar balls and tar patties wash ashore.

I spent the day yesterday on Grand Isle, and there was a significant amount of tar balls and tar patties that washed up on the night before. And on my way here this morning, I talked to our crews that were on the night shift, and they witnessed the same thing last night with tar balls and tar patties.

CHETRY: So, are there any fears that what we see there, which is you know, dozens and dozens of people, at any given time out there on these various beaches, that this going to be scaled back now because of these optimistic reports?

BONANO: No. What you're going see happen is the next phase of the cleanup process, and that is to try to clean it to the point where it can be reopened. We removed the heavy oil, we're washing the sand now with a big washing machine, and now we're going to be sitting down with the environmental agencies -- the Department of Environmental Quality, the EPA, our Department of Health and Hospitals and say, OK, guys, what criteria do we need to meet to be able to reopen these beaches for human use?

We still have it closed from the high water mark down to the water line. People can't go there. We have it fenced off. Now, we're going to enter that next phase, the testing process, to determine what areas of the beach are clean enough to allow humans to start using it again.

CHETRY: Right. We saw some of the pictures just a second ago of the brown pelicans there. We were all out on Barataria Bay, and we were seeing a lot of the areas where they nest, oiled.

What is the outlook for those pelicans and other wildlife that call those marshes home?

BONANO: Well, there's no more major threat for animals to get oiled. But we still continue to recover animals that were previously oiled. I was out on Barataria Bay last week, and actually witnessed a pelican that - it was old oil - but he was covered in oil and having difficulty flying. So that effort will continue.

And, of course, there are going to be some long-term lingering effects from that that are unknown at this point in time. Hopefully over time, in the next few weeks, those things will get better as the cleanup reaches its final phases.

CHETRY: I remember you saying to me when I was down there on about Day 37, and we were on Grand Isle Beach, and you said if this were any other summer, you'd be out there with your fishing pole in the water catching fish.

How close are you to getting to that point? Is that something that's in your sights this year? Or is it just not going to happen?

That is actually ongoing right now. We opened fishing again, a week or so again, the state of Louisiana opened recreational fishing. Now they're getting close to a point where they can reopen commercial fishing, so that's good news.

In fact, I hope for this weekend to be able to take my sons back out to do some fishing that they've been begging to do all summer. I hope Saturday or Sunday, we'll be able to do that this weekend.

CHETRY: Well that's certainly good news, if you can.

What about the local restaurants, the businesses that rely on this tourist season? Has anything come back to life right now?

BONANO: It's a little bit coming back to life. The big thing for us is being able to instill confidence in people about the ability of eat Louisiana seafood. Normally, seafood doesn't go through the rigorous testing that agricultural products go through. But right now it's gone through more tests than it has ever has and it is clean.

Louisiana seafood right now is determined to be very clean. It's tested quite frequently right now. Crabs, fish, shrimp, and they're not find anything hydrocarbons in it. We need to start encouraging people, hey, it's OK to eat Louisiana fish so that when we put these commercial fishermen back to work in the next week or two, there is a market for their product. That's a big concern, that's something you're going to see the state of Louisiana to start pushing here in the next week or so. Hey, Louisiana seafood is good, it's edible, it's clean, it's safe. Please consume it.

CHETRY: Got you.

And what about the dispersants issue? I know that in that same report, NOAA says there's no evidence that dispersants got into the food chain.

Are you convinced that there's nothing to worry about there?

BONANO: Well, we haven't seen anything to indicate that that's a problem. So, yes, we're pretty confident that dispersants haven't affected the food chain. At this point in time, none of the signs that is out there right now indicates that dispersants is a problem.

Trust me that that's going to continue to be an issue that's going to be studied, not just for weeks to come, but probably for years to come. What effects, if any, were there by dispersants on the food chain. Right now, there is none.

CHETRY: Sounds like a lot of progress compared to how things were even just a month ago. So, congratulations to you guys. I know there's still a lot of hard work ahead.

Deano Bonano, Homeland Security Director for Jefferson Parish.

Thanks for being with us this morning.

BONANO: Thank you, Kiran.

ROBERTS: This morning's stories of just minutes away now, including victory for same-sex couples in California. But a long legal battle still lies ahead. We'll take a look at the big Prop 8 ruling and the challenges facing gay couples now.

CHETRY: And A-Rod makes history in the Bronx Home Run number 600. Yankee fans saying, finally. In a year where the kings have been all on the pitcher's mound. Why this year has been called the year of the pitcher. Is that because the players are deflating? Max Kellerman weighs in.

ROBERTS: And, are you smarter than the average bear? Do cats love music? Do elephants mourn their dead? Would you treat animals differently if you knew that they thought like we do? Those stories and more coming your way, beginning at the top of the hour.

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CHETRY: Time for your AM House Call. This morning, we're talking about warning for moms-to-be when it comes to pregnancy weight.

ROBERTS: Yes. If you gain too much weight while you're pregnant, a new study says it could lead to weight problems for your child, not just heavier birth weight but later in life. Kind of sets the stage, if you will.

For more let's bring in the chief medical correspondent Dr. Sanjay Gupta.

And there really are some kids who are just born to be heavy, Sanjay?

DR. SANJAY GUPTA, CNN CHIEF MEDICAL CORRESPONDENT: Yes. Short answer is absolutely yes, John.

This adds to a growing amount of evidence saying that if a mom-to-be gains too much weight during pregnancy, not only is she likely to have a baby who is of high birth rate, but is likely to become an overweight or obese adult, as well. As you said, really setting the stage.

What was interesting here, though, couple of things. First of all, very large study looking at over 500,000 moms with at least two kids. The moms had varying levels of weight gain between the pregnancies. There was this idea that somehow it's genetic influence. The mom has genes that she passes on the child and that's what makes them heavy in the long-term.

What they found is that when the mom gained less weight, despite her genes, she was less likely to have a high birth weight baby and less likely to have that baby turn into an adult with all these problems. So the point is, it's not preordained despite your genetics.

What seems to happen is, if you have these extra calories, this extra glucose, these extra nutrient stores, as a mom, you're storing those things into your fat. But some of that is also crossing the placenta and affecting the baby at a very critical developmental stage, affecting not only the baby's fat stores, but also their brain development. That's what sort of sets the stage. That's why the problem comes so long-term.

Again, not preordained but a potentially long-term problem with this type of weight gain. CHETRY: Poor pregnant ladies, they're blamed for everything. They've got so much to worry about. I know that a lot of women want to make sure they're doing everything right by their kids as early on as they can.

So what is the healthy amount of weight to gain while pregnant?

GUPTA: You know, you always want to be careful here a little bit because there are ranges and you don't want to be blaming pregnant mothers, pregnant moms-to-be, by any means, Kiran.

But you know, this idea of how many calories. It's obviously going to be a range. It's going to depend in some part your own body size, where you started. But as a general range people were surprised to hear that probably only need to be eating 100 to 300 more calories during the pregnancy, as compared to what you normally eat. That's only five to ten percent more of your normal diet.

But, let me give you a little bit of a range here. First of all, if someone gains more than 50 pounds, this is exactly what we're talking about here, two times more likely to have a high birth rate baby. And if someone overweight -- this is going to be the most common category that women are going to fall into -- 15 to 25 pounds. Again, if they start off overweight. If they're obese, and about a third of the country now, adults, obese, 11 to 20 pounds. You obviously want to gain less.

For a normal weight - a woman who starts normal weight at beginning of her from pregnancy, 25 to 35 pounds. Really no more than that. Again, it depends in some part how big you are, what you started with.

ROBERTS: What can expectant moms do during pregnancy, besides really watch the calories to make sure that they don't gain too much weight?

Is rigorous exercise OK?

GUPTA: It's interesting because people talk about rigorous exercise a fair amount and there's some trepidation about this.

But, really they say up until the point where you're pretty far along, so into the third trimester, women can continue lots of exercise, the exercise patterns that they were maybe doing before, including aerobic exercise. There's this fear that somehow it may lead to, you know, early-term labor, things like that. But the studies really haven't borne that out.

If you are a runner, if you like to be on an elliptical machine, if you like on to swim, continue to do those things. Again, you might need to add a few more calories but not - there's a sort of sort of eating for two myth. That probably isn't true.

CHETRY: I can't say anything. I went way over that.

ROBERTS: She eats for two, anyway, on a regular basis.

GUPTA: Oh, wow.

CHETRY: Normal weight. I feel bad. But, you know what? Kids are skinny so we'll see. Fingers crossed.

Sanjay, thanks.

GUPTA: All right, guys. Take care.

ROBERTS: Genetics may have had something to do with that. Perhaps?

CHETRY: You guys see rigorous exercise, I have to laugh. It's hard. You're so wiped out, it's hard to think about getting on that treadmill and going for a jog.

ROBERTS: Some friends of mine, they looked like they couldn't even more around, let alone get on the treadmill. Poor things.

Top stories coming your way right after the break. Stay with us.

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