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American Morning

Fed Foil Terrorist Plot Involving Drone Strikes; Trial of Michael Jackson's Doctor Continues; Major League Baseball Finishes Regular Season; Germany Passes Bill to Overhaul European Bailout Fund; "Jihad" Drone Plot; Chaos on the Day Jackson Died; Hikers' Iranian Lawyer Detained; McCain in Libya; Release Bin Laden Death Photos?; Cain: Black Voters "Brainwashed"; GOP "Maybes" Face Halloween Deadline; High Court Asked to Rule on Health Care Law; Alabama Immigration Law; Washington Monument Inspection; Why is Washington Broken?; Why is Washington Broken; David Gergen, George Clooney Skinny Dip; Amazon Introduces Kindle Fire, Cheaper than iPad; Brazil to Ban Gisele Ad

Aired September 29, 2011 - 06:59   ET

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


CHRISTINE ROMANS, CNN ANCHOR: Terrified remote. The feds busting an alleged plot to fly model planes packed with explosives into the Pentagon and the Capitol building.

CAROL COSTELLO, CNN ANCHOR: Day three of the Michael Jackson death trial. More testimony expected about the confusion inside the Jackson home on the day he died, a bodyguard saying Jackson children witnessed it all.

ROMANS: Herman Cain says the Black community has been brainwashed into voting Democrats. Strong words about his own race.

COSTELLO: And Facebook may have to answer to Congress over a new privacy issue that you can't even stop after you log off on this AMERICAN MORNING.

(END VIDEO CLIP)

ROMANS (on-camera): And good morning, everyone. It is Thursday, September 29th. Ali Velshi is off today. Welcome to AMERICAN MORNING and to you.

COSTELLO (on-camera): Yes. Good morning to you.

Up first, he was banned on jihad, and he's no dummy. That's what the feds are saying after they arrested a man in an alleged plot to dive bomb the Pentagon and U.S. capitol with remote controlled planes like those packed with C-4 explosives. The suspect is an American- Muslim with a physics degree from Northeastern University. Brian Todd with more on how his plot was foiled.

(BEGIN VIDEO CLIP)

BRIAN TODD, CNN CORRESPONDENT: Federal authorities have arrested a 26-year-old man from Ashland, Massachusetts named Rezwan Ferdaus. In an affidavit, U.S. officals say Ferdaus started his plot last year by buying cell phones, modifying them to act as electrical switches for IEDs then giving them to people he believed were members of al Qaeda. He hoped they would be used to kill U.S. soldiers overseas according to that document.

But the people he was give thing equipment to were actually undercover agents from the FBI. Authorities say that he then expanded his plot to use these, model planes. They say he planned to use them like drones operated by remote control, filled with explosives and guided by GPS. Federal authorities say that he selected two models. The F-4 phantom, this one here, shown here in this picture provided with the affidavit, and the F-86 saber. These models are about one- tenth the size of the actual aircraft.

His targets, according to the charging documents, the Pentagon and the U.S. capitol. The officials say Ferdaus traveled to Washington this spring, took pictures of the Pentagon and capitol. They said he also took pictures of East Potomac Park in Washington just south of the mall, where according to the affidavit he planned to launch the model planes filled with explosives.

According to federal officials, he also planned a ground attack, planned to bring other people into the operation, people armed with automatic weapons who would then fire on people as they tried to evacuate those buildings.

But we have to stress one very important point. A U.S. law enforcement official CNN spoke with said there was no danger to the public since undercover operatives were involved very early on. This official also says that there's no information that Ferdaus was connected to a foreign terrorist group, but they believe his intent was very clear. According to the affidavit, a cooperating witness once asked for Ferdaus why he wanted to blow up the Pentagon. The document says he responded "That is the target to eliminate and terrify all enemies of Allah."

Brian Todd, CNN, Washington.

(END VIDEOTAPE)

ROMANS: Joining us now with more on this, CNN national security contributor Fran Townsend. The part is we don't know how much damage the drones could have done if this plot were to have gone farther. But the fact he wanted to recruit six co-conspirators and have them mow people as they're coming out of the buildings with AK-47s. And then as part of the plot he went as far as to get AK-47s rendered inoperable by the FBI. How dangerous could this have been?

FRANCES TOWNSEND, CNN NATIONAL SECURITY CONTRIBUTOR: This really underscores the danger of the lone wolf. It is one individual who has the intent and capability. It is not just -- people said since this became public, what about an entrapment? But this guy on his own, he went down Washington and did surveillance, rented storage lockers to work on drones. This is a really serious case.

ROMANS: Yes. The FBI says they gave him many outs and kept pushing forward with the plot. That's one of the reasons they knew he was so serious. Has this been considered before, a drone attack?

TOWNSEND: It's interesting. We use, although the U.S. government does not acknowledge it, much larger, more capable drones overseas and overseas operations, and so the U.S. government has looked at this both offensively, that's our use of them overseas, and defensively could they be used against us. I think that the stunning thing about this is the notion of using it against us inside the United States.

ROMANS: Right. Muslim American, U.S. citizen, 26-years-old, went to Northeastern University, physics major. His parents, both are professionals. It is one of those things that shows you that radicalization can still happen even with the freedoms and opportunities of the American system. It makes it very difficult to find these lone wolves.

TOWNSEND: Absolutely. And remember, this is not the first one of these, as you just described it. The Times Square bomber, same thing. Well-educated, had been -- had a house and family. And you sort of wonder how that could happen.

But part of the FBI's focus now is going to be exactly how was he radicalized. Was it over the internet by a radical preacher like Anwar al Awlaki, the Yemeni? Or was it something else? Is there a radical imam here inside the United States? And third, who are the potential -- did he identify the six potential others? So that will be the immediate focus.

ROMANS: Do they exist yet? Were they hoping to get them, and how easy would it be for him to get them? How does somebody like this get on the FBI's radar?

TOWNSEND: You know, it interesting. We don't know that, but the fact of the matter is he did get on the radar because the FBI would not have invested the undercover resources if they hadn't been certain that this guy had the intent and the potential capability on his own without their involvement. So there's usually there is some sort of -- we heard the cooperation witness. Someone directed the FBI and gave them -- put this guy on their radar screen.

ROMANS: Storage lockers, we have intense interest according to officials of getting the guns and getting the planes. It's $6,000 for one of the planes. Acquiring all of the pieces of the puzzle, that goes well beyond aspirational?

TOWNSEND: Oh, absolutely. No, no. It's called overt act in furtherance of the crime. So the government has been pretty careful in their pleadings to lay out these overt acts. And let's be clear. While $6,000 is a lot of money, you realize how inexpensive a real serious attack can be. This is not $500,000. This is in the tens of thousands of dollar.

ROMANS: Fran Townsend, thank you so much, Fran. Thank you.

COSTELLO: Senator John McCain is in Libya this morning. He and three other senators arrived in Tripoli a short time ago. They are meeting with members of Libya's new transitional government. It is the highest profile American delegation to visit the country since longtime leader Moammar Gadhafi was ousted. Senators will also hold a press conference this morning at 9:45 eastern. We are monitoring that.

The Iranian attorney for two American hikers who were released last week says he was briefly detained and questioned by security forces after they raided his home Tuesday. He tells CNN he is not sure what the Iranian authorities were looking for, but they did take files, including those regarding the case of Josh Fattal and Shane Bauer.

ROMANS: Facebook may have to answer to Congress over the privacy flap. Congressman Ed Markey and Joe Barton are asking the Federal Trade Commission to investigate reports Facebook keeps gathering information about the websites you visit even after you log off Facebook. A spokesman for the social network says it does not use or store any information it shouldn't have. The question is what information should it have?

And today the House is expected to pass a short-term spending bill that will keep the government from partially shutting down. Earlier this week Senate Republicans and Democrats were able to strike a compromise on a potential deal breaker giving FEMA an additional $2.5 billion for disaster.

COSTELLO: You are being optimistic.

ROMANS: I know.

COSTELLO: It is day three of testimony at the Michael Jackson death trial. Jurors have been hearing about the chaotic moments after Jackson stopped breathing and the odd behavior of his doctor, Conrad Murray. Among the chilling details revealed by members of Jackson's entourage, the reaction of Jackson's children.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Paris was on the ground balled up, crying, and Prince was just standing there and he was just -- he just had a real shocked -- you know, slowly crying type of look on his face.

(END VIDEO CLIP)

COSTELLO: All right, joining us now with his analysis of this very gripping testimony, Paul Callan, CNN legal contributor and a criminal defense attorney. This is a vision that's being painted, picture being painted in a court of a not very competent medical situation. In some cases seems unclear whether anybody there knew how to perform CPR. Calling 911 -- what is it that they are trying to show here?

PAUL CALLAN, CNN LEGAL CONTRIBUTOR: Well, this was an extraordinary day in court yesterday. I have never seen so many themes produced in the first day of trial -- sympathy, competence, as you were talking about, Christine, and other things. Now the competence thing is critical because prosecutors are trying to show that Conrad Murray under the statute knew there was a great risk of death and he didn't use due care in the treatment of the patient. It is a very low standard for a criminal case. It's really kind of like a medical malpractice case with a little bit extra negligence involved.

So they are saying that, hey, he didn't know how to do CPR. He wasn't familiar with the background of the patient. He was making misrepresentations about Michael Jackson's health. They made him look incompetent.

COSTELLO: Not only that, he didn't call 911 when he found Michael Jackson in trouble. There was testimony yesterday that he called security personnel. So let's listen to a bit of that testimony.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Would it be surprise you, would it be strange for Dr. Murray to call you in an event at the emergency at the house?

UNIDENTIFIED MALE: First?

UNIDENTIFIED MALE: First.

UNIDENTIFIED MALE: Yes. If Mr. Jackson is dying, it would to me, personally.

(END VIDEO CLIP)

COSTELLO: I mean, how would you excuse that kind of behavior?

CALLAN: Well, you know, I don't know, and I think that the jury is going to have a problem with that. And that also demonstrates, I think, sort of a technical thing. Attorney Chernoff is a very experienced with this. He's won like 70 convictions as a prosecutor. You never ask a question that you don't know the answer to, and he got hit there.

You know, he said the assistant said no, I wouldn't have called me. I would have called 911 first. So why didn't Murray call 911? He was in a panic like an ordinary human being would be in a panic, and he is the doctor. He is supposed to be in control.

So I think this theme of incompetence was put on the table very effectively by the prosecutors in day one of the trial. But remember, this thing will go back and forth and this -- these defense attorneys are top-notched defense attorneys. So you will see them put important points on the board, too, as things go on.

ROMANS: What about the testimony Dr. Murray apparently wanted to go back and ride back to the mansion so he could get some cream Michael Jackson wouldn't want the world to know about?

CALLAN: Well, that's the part of the theme, Christine, that I call the cover-up part of it. Yesterday they talked really about they put sympathy on the board and they put competence on the board and cover-up. The claim here was that the doctor wanted to go back and clean up a cream that Michael Jackson would have been embarrassed about. Now, Propofol is sometimes referred to as a milky cream, a milk of magnesia. So was he talking about getting rid of the Propofol or was he talking about some sort of dermatological cream, and that would be an excuse to get in and get the Propofol out so that he could eliminate the evidence? Whatever the conclusion is, it was good point for the prosecution. Maybe he is trying to cover up his own incompetence.

COSTELLO: But once the defense presents its case -- our perceptions about what is going on may change completely, right, at least the defense hopes so. Could you argue that Conrad Murray went back to get that stuff because he didn't want to embarrass -- he truly can't didn't want to embarrass Michael Jackson. Isn't that what he was hired for in part?

CALLAN: Well, he was hired to protect Michael Jackson from embarrassment. But of course he was also hired to protect Michael Jackson's health. And that, you know, that was another thing, Carol, that I really noted yesterday. All of the testimony, you know, even from the rock promoters, they are worried about Michael Jackson's health. And they are worried but his own doctor is saying no problem with Michael Jackson. We are going to take a CPR machine with us, but he's vibrant and healthy and he can proceed.

And I think that they were trying to establish that, you know, Conrad Murray was supposed to be watching his back. He was supposed to be the person watching out for Michael Jackson's health. He wasn't.

ROMANS: How long had he been his doctor?

CALLAN: Well, not a very long period of time. He had been brought in during the last year in connection with the concert.

ROMANS: They could try to argue he was trying to just stabilize or undo what lots of doctors before him had done which is this man was addicted to a lot of different things and incapable of doing show and here is Conrad Murray trying to manage the mess.

COSTELLO: And Michael Jackson, I mean, he doesn't have to listen to anything Dr. Murray suggests. I don't listen to my doctor often.

ROMANS: Carol.

(LAUGHTER)

CALLAN: Well, the whole doctor theme, you raise a good point here, Murray comes in late in the game. I noticed one of the things the defense put on the board yesterday - and, you know, we don't have to wait important the defense case to see what they are doing. They are kind of planting seeds every day.

Now, here is the big seed. There is a dermatologist who was prescribing drugs for Michael Jackson. The claim is that that dermatologist was a drug dealer and gave him too many drugs and that Dr. Murray didn't know about this. So they are going to make him the villain in this case, the defense.

Now, what's going to happen? Will he be called as a witness? Will he take the Fifth Amendment? And will the jury say well, how do we know that the drugs from the dermatologist didn't kill Michael Jackson or cause most of the problems and poor Murray is being blamed for it? The hints of the defense are coming on day one.

So this is going to be a fascinating, fascinating trial. You have got great lawyers positive both sides, complex issues, and, of course, superstar, Michael Jackson. So the case has a lot to watch as the weeks go on.

COSTELLO: Paul Callan, thank you so much as usual.

Still to come this morning, Herman Cain using some strong words to explain why there aren't more black voters in the Republican Party and why he is optimistic it will be different this time.

ROMANS: And it's a job no matter what you do, whether it is your policies, what you eat or where you go on vacation, there will always be folks criticizing you. So why would anyone want to be president anyway?

One-team epic failure is another team's comeback of the ages. The Tampa Bay Rays punch their ticket to the playoffs in an incredible finish to the baseball season. You are watching AMERICAN MORNING. It's 13 minutes past the hour.

(COMMERCIAL BREAK)

COSTELLO: Its 16 minutes past the hour. Welcome back.

An unforgettable finish to baseball's regular season. Four teams vying for two wild card spots on the final day. The cardinals are in. They routed the Houston Astros eight to nothing. They will play the Phillies in the National League division series. The Cards got in because the Atlanta braves were beaten by the Phillies four-three in 13 innings. Poor Atlanta. The lost made Atlanta's collapse complete, the Braves blowing an eight and a half game lead in the NL wild card race.

ROMANS: It gets better, or it gets worse if you are a fan of the Boston Red Sox. Ahead three to two in the ninth, the Sox blew the game to the Baltimore Orioles. As it turned out the American League wild card -- if Atlanta's collapse was bad, Boston's even worse. The Red Sox blew a nine-game lead in the final month. That's a collapse.

COSTELLO: That's more than a collapse. But I'm happy for the Baltimore Orioles because they end the season on a bright note. The Sox are out and the Tampa Bay Rays are in because of the night's biggest shocker, the Rays beat the Yankees. There was a stunning walk-off home run in the 12th inning. The Rays were down seven to nothing in the game and down to the last strike before tying it with this ninth inning home run. Look at this. The Braves now meet the Texas Rangers in the American League series. And as we know the Detroit Tigers will come to New York. I think they are probably here right now preparing for their game tomorrow with the New York Yankees, preparing for their victory you were telling me earlier.

ROMANS: Absolutely. Preparing for their victory.

(WEATHER BREAK)

COSTELLO: It's time to talk back on one of the big stories of the day. Our question for you this morning, why would anyone want to run for president? Let's face it. We are a demanding bunch. As comedian and political observer Dean Obeidallah puts it, "The biggest challenge the president faces is we the people. We have become unreasonably demanding. We want everything and we want it now, as in keep my taxes low, but don't cut services, as in you are not conservative enough or liberal enough, and you have bad hair to boot."

Late night comedians revel in it, knowing voters love it when they rip the candidates to shreds.

(BEGIN VIDEO CLIP)

JAY LENO, HOST, "THE TONIGHT SHOW": And President Obama's hometown newspaper the "Chicago Tribune" had called for president Obama not to run for re-election. Of course he is going to run. He has to run. He knows more than anyone else there are no jobs out there.

(LAUGHTER)

DAVID LETTERMAN, HOST, "THE LATE SHOW": Mitt Romney comes to have a meeting with Donald Trump.

(LAUGHTER)

LETTERMAN: At one point that thing on Trump's head starting growling at Mitt.

JON STEWART, HOST, "THE DAILY SHOW": Nailed it.

(LAUGHTER)

STEWART: I can't believe my advisors told me not to get high before this debate, I'm telling you.

(LAUGHTER)

(END VIDEO CLIP)

COSTELLO: I'm not saying candidates don't often deserve some derision, but seriously who would want to put themselves through that? I mean, as a candidate can't even be who you are.

(BEGIN VIDEO CLIP) SARAH PALIN, (R) FORMER ALASKA GOVERNOR: Does a title take away my freedom to call it like I see it and to affect positive change that we need in this country?

(END VIDEO CLIP)

COSTELLO: Example -- when Mitt Romney was governor of Massachusetts, he embraced the individual mandate. Now he has to justify it because conservatives hate the president's health care plan.

So the talk back this morning, why would anyone want to run for president? Why? Facebook.com/AmericanMorning, Facebook.com/AmericanMorning. I will read your comments later this hour.

ROMANS: All right, still to come this morning, the health care battle going where we expected it to go, all the way to the Supreme Court. And the timing, oh, yes, the timing couldn't be better or worse depending on how you look at it good, depending on the outcome.

COSTELLO: And your politics.

(LAUGHTER)

COSTELLO: Also, could we still see the Osama bin Laden death photos? Not if the White House has its way. A legal fight going on right now to release them.

It's 22 minutes past the hour.

(COMMERCIAL BREAK)

ROMANS: Welcome back. "Minding your Business" this morning. U.S. stock futures are up right now, but those lingering concerns about Europe that ended a three-day rally yesterday continue. The DOW is down 180 points or 1.5 percent yesterday. The NASDAQ and S&P were also down about two percent.

This morning Germany's parliament passed a measure to overhaul a European bailout fund. The vote helps pave the way to create a bigger bailout fund to help stabilize Greece and any other troubled countries, and to help the banks too.

Later this morning we are going to get the latest reading on the number of Americans filing first-time jobless claims. That report along with a new revision on how slowly the U.S. economy grew in the second quarter, those all come out in about hours from now. We'll have the detail out when it happens.

The world's largest cellphone maker Nokia announcing plans to cut 3,500 jobs, in an attempt to streamline its business. The majority of the cuts will take place overseas. Some of the companies workers though in Pennsylvania could lose their jobs, too.

The banks are still scrambling to clean up the mortgage mess. According to the "Los Angeles Times," reports of mortgage fraud soared 88 percent in the second quarter of this year compared to the same time last year, that jump in part because banks are finding more problems as they reexamine loans from the housing boom.

Don't forget, for the latest news about your money, check out the all-new CNNmoney.com. AMERICAN MORNING will be right back after a very quick break.

(COMMERCIAL BREAK)

COSTELLO: Just about 30 minutes past the hour, good morning to you. It is time for this morning's top stories.

A new terror threat here at home. The feds arresting a man in an alleged plot to dive bomb the Pentagon and U.S. capitol with remote controlled planes packed with explosives. The suspect is an American-Muslim with a physics degree from North Eastern University. It turns out his co-conspirators were undercover agents.

ROMANS: Facebook may have to answer to congress over its latest privacy flap. Congressmen Ed Markey and Joe Barton want the Federal Trade Commission to investigate reports that Facebook keeps gathering information about the web sites you are visiting even after you log off.

A spokesman for the social network says it does not use or store any information it should not have. The question is what should it have and how long is it watching you on the web?

COSTELLO: When Conrad Murray's manslaughter trial resumes in just a few hours, jurors will hear more about the chaos that rained on the day Jackson died. Two paramedics who responded to a delayed call for help at Jackson's mansion are among those set to testify.

ROMANS: The Iranian attorney for the two American hikers who were released last week said he was briefly detained and questioned by security forces after they raided his home Tuesday.

He tells CNN he's not sure what Iranian authorities were looking for, but they did take files and including those regarding the case of Josh Fattal and Shane Bauer.

COSTELLO: Senator John McCain is in Libya this morning. He and three other senators arrived in Tripoli earlier this morning. They are meeting with members of that country's new transitional government. The senators will hold a press conference this morning at 9:45 Eastern.

ROMANS: All right, the number one question after Navy SEALs killed Osama Bin Laden, will we see the photos? This morning there is a legal battle under way over the release of dozens of top secret images of Osama Bin Laden taken during and after the raid that killed him. The Obama administration is determined to keep these photos from going public. Here's CNN's Lisa Sylvester.

(BEGIN VIDEOTAPE) LISA SYLVESTER, CNN CORRESPONDENT (voice-over): There are a total 52 videos and recordings, pictures from immediately after Osama Bin Laden's death to his burial at sea. The conservative group "Judicial Watch" has sued the federal government seeking the release of the pictures, which are now classified top secret.

But the Justice Department has asked a judge to dismiss the lawsuit. Arguing that making the images public could result in exceptionally great damage to the national security. White House Spokesman Jay Carney says the White House believes an openness and transparency, but there are limits.

JAY CARNEY, WHITE HOUSE PRESS SECRETARY: I think a very sensible decision has been made that the release of the photos would unnecessarily increase the danger that our troops face overseas.

SYLVESTER: Chris Farrell is with "Judicial Watch." He is also a former Army counter intelligence officer. He feels strongly the Bin Laden photos should be released.

CHRIS FARRELL, JUDICIAL WATCH: It also sends a message to those that would try to harm us in some way that we will pursue you across the end of the earth and over years to bring justice. It was a very strong deterrent message, we believe. And then it is history.

SYLVESTER: The photos have been described as graphic and including several of Bin Laden's fatal head wound. Tom Fuentes, a former assistant FBI director and currently a CNN contributor, says the administration's concerns are valid, that al Qaeda could use the photos as a recruiting and propaganda tool.

TOM FUENTES, CNN NATIONAL SECURITY CONTRIBUTOR: It can serve as further inspiration and would see those images forever on television and that could lead to more recruitment of future al Qaeda members making him a martyr basically.

SYLVESTER: Fuentes says the American public already knows many details from the night in May when Bin Laden was killed and releasing the images and videos could compromise intelligence sources and methods.

(END VIDEOTAPE)

SYLVESTER: Several news organizations have filed freedom of information act requests seeking access to the pictures and "Judicial Watch" has until October 24 to file its response to the government's motion to dismiss the case. And we expect a ruling sometime within the next two months. Lisa Sylvester, CNN, Washington.

ROMANS: All right, Herman Cain is surging. Coming up, a big upset in the Florida straw poll last weekend. Cain, a black Republican and also a Tea Party favorite, he was on "THE SITUATION ROOM" and has some strong opinions about why there aren't more candidates like him.

(BEGIN VIDEO CLIP) HERMAN CAIN (R), PRESIDENTIAL CANDIDATE: Because many African- Americans have been brainwashed into not being open-minded and not even considering a conservative point of view. I received some of that vitriol simply because I am running for the Republican nomination as a conservative. So it is just brainwashing and people not being open-minded, pure and simple.

WOLF BLITZER, CNN HOST, THE SITUATION ROOM: That's a strong word to talk about your fellow African-Americans brainwashed.

CAIN: For two-thirds of them, Wolf, that is the case. Now the good news is that I happen to believe that a third to 50 percent of the black Americans in this country, they are open-minded. I meet them every day.

They stop me in the airport and so this whole notion that all black Americans are necessarily going to stay and vote Democrat and vote for Obama, that's simply not true. More and more black Americans are thinking for themselves and that's a good thing.

(END VIDEO CLIP)

ROMANS: Cain also weighed in on the Chris Christie chatter saying media should focus on the candidates who have already declared.

COSTELLO: OK, so let's talk about another undecided then because he is getting some attention this morning. That would be Rudy Giuliani. A source close to the former New York mayor says he is still flirting with a presidential run.

One of his top advisers visited New Hampshire for a meeting with state officials yesterday, which would kind of back that up, right? Giuliani or anyone else thinking about a presidential run has to decide by Halloween or they will miss the all-important Florida primary. It is the first of many big deadlines.

ROMANS: All right, the health care war, health care war could come back just in time for 2012. The Justice Department has now asked the Supreme Court to look at President Obama's health care law.

In particular, the request requirement that people must buy health insurance by 2014. If the court decides to hear that appeal a ruling might come by late June and that would be, of course in the thick of an election year.

COSTELLO: A federal judge rules on one of the toughest immigration laws in the country. Alabama's immigration law is being challenged in court by the Justice Department. The judge allowing some of the most controversial portions of the law.

Authorities can question people suspected of being in the country illegally and hold them without bond and officials can also check the immigration status of students in public schools.

ROMANS: And that's something that a lot of states have been loathed to do. They didn't want to bring immigration into schools and wanted just to make that very, very bright line there. That's a big departure there.

Also, elite team of engineers will be at it again today dangling from ropes and literally hanging on to the Washington Monument. Rappel down the sides and checking for cracks and other damage from last month's earthquake.

The top down inspection began yesterday. Here is what it looked like from on high. Some 500 feet up. It's rare view. Park service officials expect the slow painstaking operation to take about five days.

COSTELLO: Still to come this morning, Washington seems to have been taken over bipartisan in-fighting and turf battles. But what if the problem is really you? It's 37 minutes past the hour.

(COMMERCIAL BREAK)

COSTELLO: It is 40 minutes past the hour. Good morning, Washington, D.C. Cloudy now and 69 degrees and thunderstorms expected later, a high of 79.

All this week, CNN is taking an in-depth look why our government is so broken. Today, the House votes on a bill to keep the government running. But here is the thing.

It is only for a week. We have been through this before. Remember the 11th hour budget deal in April or the debt ceiling showdown?

Washington is just unwilling to work together. So what can we do about it? Joining me now is David Gergen, CNN's senior political analyst and Rubin Navarette, a cnn.com contributor. Welcome to both of you.

UNIDENTIFIED MALE: Good morning.

COSTELLO: David, let's start with you because you say that maybe voters should look in the mirror and maybe we are in part to blame for the chaos that reins in Washington these days.

DAVID GERGEN, CNN SENIOR POLITICAL ANALYST: First off, Carol, let me say what a pleasure it is to be here with Ruben. He is a former student. He's continued on. I didn't knock him off on the road to success. He continued right on. But we both agree, that I think to a considerable extent we have the government we deserve.

Ruben has just written about that. We tend to blame all of the politicians and they do deserve a lot of blame. But they also reflect the differences in the deep divides within the country itself.

The consensus we had growing up about America's role in the world about government and at home, the role here at home, that consensus was shattered during street Vietnam War, Watergate and years that followed.

And ever since then, we have been a pretty polarized people and we send people to Congress who reflect that polarization.

COSTELLO: Wait a minute, David. What about the middle we always hear about? We hear about the extremes of the party control and there is a vast middle in this country that does pretty well in -- you know, the general election.

GERGEN: I was down at Southern Methodist University area this week with Bob Gates, former secretary of defense who had -- been in Washington for eight presidencies, eight presidencies. He said one of the biggest threats to our national security is right here at home in this -- disappearance of the middle, disappearance to the middle that helped to hold us together.

Increasingly people have moved more towards the extreme. Extreme right or extreme left and left that middle. There are some people out there still that -- what about all the independents we hear about? If you look more closely at the swath of independents, about half of them according to Pew survey, actually are Democrats or are Republicans that don't particularly like to carry the label. That's how they vote for consistently.

COSTELLO: So there's sort of like -- they don't want to come out and say they are Republican or Democrat, but they really are but call themselves independent anyway.

GERGEN: Right, exactly.

COSTELLO: And we have a poll up there. You can -- that's the -- Pew Research poll you were talking about, David.

GERGEN: Good, good. Thank you.

COSTELLO: See. We have it on the ready. Ruben, do you agree? You have written opinion pieces taking a more traditional view of why our government is broken.

RUBEN NAVARRETTE, COLUMNIST, CNN.COM CONTRIBUTOR: Right, absolutely. I'm not about to disagree with my friend and former professor. I think David has it exactly right. It's not just a question of getting government you deserve, but also the government that you will tolerate.

And when you have this kind of gridlock, if there isn't a price to be paid for it, if in fact, you don't start replacing members of Congress or taking it out of their hide so to speak, they are going to continue on their way and you are going to get exactly what you put up with.

But I think there are also other reasons that this comes to the forefront and there is this sort of mixed messages, I think, people send to members of Congress. On the one hand, they say they want them to compromise. On the other hand, you can get a good pummelling out there if you are seen as too soft and too willing to compromise.

Look at the grief that President Obama is getting from the left because he is seen as too quick to cave in to Republicans, too quick to compromise. So, you know, I'm a little sympathetic to politicians who if they just want to give us what we want, they are not always sure what that is because we seem to want and ask for different things.

There's also an interesting dynamic I noticed where I'm really -- on tough issues, David would talk about it in class. Things like Social Security reform. Well, if you can't get into that, the next best thing is somehow blame the other party for being the obstructionist on that issue.

It happens on immigration. President Obama did this just yesterday in meeting with his background table. He said I would love to pass immigration reform, but it is those darned Republicans who won't let me. So you are able to score points off the other guy even when you do nothing, you can still come out the winner.

COSTELLO: David, you are saying voters kind of like that even though they won't admit it because the voters themselves are like that.

GERGEN: That's right. And -- to go to Ruben's point, what we have seen is that a number of prominent Senators from recent years, who have tried to work in the middle and tried to work with the other side, have either become so frustrated they have gone home, or they have -- been beaten in a primary by someone more extreme than they are.

And there is a huge price now for working in the middle because the force and the -- it is coming from the edges and not from the middle. And -- look at the -- Howard Baker or Bill Cohen or Bill Bradley or Jack Danforth. You can go through a lengthy list of people we all looked up to and said, they really made the compromises and the deals that kept the country moving.

Of course, we have always had a fractious politics. Of course, we've always had people with different points of view. But we have had people we call statesmen. And it is like -- it's almost in archaic word now. People who actively work to see if they couldn't bring the best out from both sides and at least reach an agreement to enable us to go forward, instead of this kind of paralysis and -- and poison we now have.

COSTELLO: Right. We love our politicians to -- we love tough talking people. That's the American way.

GERGEN: Absolutely, yes.

COSTELLO: But, maybe the next generation of voters will have the answers. Do you suppose, Ruben?

NAVARRETTE: That's a hope. I spoke to a couple of authors yesterday who are baby boomers themselves, and they had this very interesting theory. They think the reason our government is broken and gridlocked is because baby boomers have, throughout their entire lives, had this sort of moral superiority about themselves, whether they be on the right or left. You have now conflict in Washington, in Congress between people that are just not ready to move off their values because they think that's the last thing they want do is negotiate values. They need to understand that what you believe and what you believe in are really two different things and -- they should be willing to negotiate. But maybe when younger people come to the forefront, they will be more of a sense of consensus and working together, but not for a while, unfortunately.

GERGEN: Let me break in there, Carol, because I have had the privilege now of working with the younger generation for a number of years, people like Ruben. What I have found is the younger generation is different. And it is very encouraging. You have these young veterans coming back from Iraq and Afghanistan. Their political colorization does not matter so much as -- what they care about is building the country they fought for. And you have people like -- and Teach for America or at Citi or a number of the other organizations that go out in the tough neighborhoods and engage in service to the country at the age of 19, 20, 21.

And as a result of that, they become very committed to improvement. And again, at Teach for America, there are a lot of kids who probably vote Democratic but they like Republican ideas on public education reform. It is really interesting.

And so the party labels don't matter so much to the younger generation. I don't think they have all these hang-ups. And I think it is a very promising generation.

COSTELLO: Gosh, I hope you are right.

David, we cannot let you go without asking you about this wild night of skinny dipping with George Clooney because CNN actually tracked down George Clooney to ask him about that little incident. Listen.

(BEGIN VIDEO CLIP)

GEORGE CLOONEY, ACTOR: Then I said to David Gergen, well, you know, Walter Cronkite jumped in the lake. I then I got Gergen to do it. Then I got Charlie Rose to do it as well. So I'm getting world- class journalists drunk and dumping them in the lake.

(END VIDEO CLIP)

COSTELLO: David, we need some 'splaining.

(LAUGHTER)

GERGEN: Well, it has been a little bit overblown. Let me just say it was not skinny dipping.

(LAUGHTER)

But --

(LAUGHTER)

George Clooney has -- invited me to spend a weekend with him because I was doing an interview with him for "Parade" magazine about a new film, a political thriller coming out in early October, "The Ides of March." Of course, I went. It was a hoot. I wanted to be -- of course, I'm going to spend a weekend at Lake Como in Italy. Gorgeous place.

(LAUGHTER)

And he turns out to be a -- not only just a classy person but a master host. Very gracious. And we --

(CROSSTALK)

COSTELLO: We want to know about the skinny dip, David.

GERGEN: OK, so my final night there, there were a group of guys there, and we had a long dinner. It went on and on and on. It was wonderful. We talked and laughed a lot and I also got hammered. I think the rest of the guys did, too.

(LAUGHTER)

At about 2:00 in the morning, he hops out, and we are all pretty raucous, and he climbs this fence above the lake. Fully clothed, jumps.

(LAUGHTER)

And then he's challenging the rest of us. Well, this was a challenge to our manhood. I wasn't sure if I really wanted to climb that damned fence.

(LAUGHTER)

But I thought, I've got a plane to catch in about four hours. So I said I'm not going in fully clothed. I stripped down to my boxers and jumped. Thought I might die out there in the dark but -- but --

(LAUGHTER)

COSTELLO: Hey, I would have done the same, David.

GERGEN: We had a lot of fun. We had a lot of fun.

(LAUGHTER)

I -- fortunately, no one drowned.

COSTELLO: Look at Ruben. Oh, my old professor down to his boxers with George Clooney.

(LAUGHTER)

I never thought I'd see that. GERGEN: Well, he's a classic --

(CROSSTALK)

GERGEN: He was a really gracious host. I must say that about him.

COSTELLO: I would like to experience --

(CROSSTALK)

COSTELLO: -- that myself some day.

(LAUGHTER)

Thanks to you both. It has been fun.

GERGEN: OK, thank you.

NAVARRETTE: Thank you.

COSTELLO: David Gergen and Ruben Navarrette.

ROMANS: Just -- I mean, if George Clooney is watching, because obviously he admires David, we're -- Carol and I are happy to go interview for anything, any time, and I would love to jump in Lake Como.

(LAUGHTER)

COSTELLO: I think we're too old for him though.

ROMANS: Carol, you're breaking my heart. You're breaking my heart.

(LAUGHTER)

COSTELLO: I'm just saying.

ROMANS: A girl can dream.

All right, up next, why Brazil is considering banning a new TV ad tool featuring Gisele Bundchen.

COSTELLO: And we don't look like Gisele Bundchen.

ROMANS: No? Oh, speak for yourself, Carol.

(LAUGHTER)

Come on. Come on.

And today's "Roman's Numeral," $300. $300 is the "Roman's Numeral." Hint, it's the number that could add up to trouble for Apple.

Fifty minutes after the hour.

(COMMERCIAL BREAK)

ROMANS: All right, the morning's "Roman's Numeral" for you. It's a number in the news today, and the number is $300. That's how much cheaper Amazon's new tablet is than the cheapest iPad.

COSTELLO: Wow.

ROMANS: $300 cheaper. It's called the Kindle Fire, costs just $199. Amazon stock was up big yesterday. Will Amazon be able to gobble up some of Apple's huge market? Is this something that is really great for Amazon? It can stream movies and TV shows though it has no 3G capability. It also lacks a camera and a microphone, but it is $300 cheaper.

COSTELLO: Exactly. It is supposed to be pretty cool, despite its deficiencies --

(LAUGHTER)

COSTELLO: -- if you want to call them that.

In this morning's "House Call," the CDC is warning people to throw out cantaloupes if you don't know where those cantaloupes came from. It's all because of a listeria outbreak in 18 states. So far, 13 people have died and more than 70 people have become sick after eating the fruit. Investigators say the source of the outbreak appears to be Jensen Farms in the Rocky Ford region of Colorado.

ROMANS: Kansas City schools have a new tool to cut down on bullying -- dogs.

COSTELLO: Oh.

ROMANS: "USA Today" is reporting that this program teaches kids responsibility, compassion, self-control and integrity. And apparently, the program is working. It says it was launched five years ago. They're now in 80 classrooms. There is already a long waiting list for next year.

COSTELLO: Is there anything a dog can't do?

ROMANS: I was going to say, bring a dog in, whenever -- when the going gets tough, a dog is --

COSTELLO: They should bring dogs to Congress.

(LAUGHTER)

ROMANS: You're right.

COSTELLO: Dogs can do it all.

ROMANS: Two barks mean yes and one bark means no.

COSTELLO: And if anyone is not agreeing, the dog can just bite the person.

(LAUGHTER)

COSTELLO: Reebok must fork over $25 million in refunds for claiming its Easy Tone and Run Tone sneakers tone leg and buttock muscles. The Federal Trade Commission ruled the claims were based on bogus science. The agency's provided a link if you're looking for a refund. I think it's ftc.org.

ROMANS: You mean you can't just wear shoes and get skinny? Darn!

COSTELLO: Who'd believe that anyway?

ROMANS: I know.

All right, Brazil may ban its sexiest export, Gisele Bundchen. Brazil's Ministry for Women called for a ban for a TV ad featuring her strutting around in Hope lingerie, basically a bra, a thong and some high heels.

(LAUGHTER)

ROMANS: Now, we need permission to show you the actual ad, but this is just Gisele modeling Hope undies.

(LAUGHTER)

ROMANS: You get the picture. It's underwear and Gisele. The ministry is saying the commercial reinforces an erroneous stereotype of women as sex objects.

I mean, come on, people might be confused and think that every woman looks like Gisele Bundchen.

(LAUGHTER)

ROMANS: Wow.

COSTELLO: You have unrealistic expectations.

ROMANS: I'm going on a diet.

(LAUGHTER)

COSTELLO: We asked you --

(LAUGHTER)

COSTELLO: We asked you this question this morning for our "Talk Back" segment, why would anyone want to run for president anyway?

This from Summer, "I really don't understand why. You are always being criticized. Your life is always in danger. You can't enjoy life without being scrutinized? And you really aren't completely in charge because you have to play mediator between the kids. That would be the Republicans and the Democrats."

(LAUGHTER)

COSTELLO: "And when they don't get their way, they complain and they hold progress."

This from Lauren, "Like Beyonce's song, 'Ego,' most of us like our spot as the sideline president."

This from Sergio, "The president is the nation's scapegoat. Becoming president means becoming the most hated man in the country, and parts of the world, for that matter, for four years. Unless you're a messiah and can immediately fix every problem in the first year, you're bound to be hated. So why would anyone want it run for president? Good question. It takes a strong man, or a fool who doesn't realize what he's getting into."

Keep the comments coming, Facebook.com/Americanmorning. We'll read some more later.

ROMANS: All right, top stories when we return, including the elite FBI team that few people know exists. FBI dive teams going underwater to fight terrorism.

Fifty-seven minutes after the hour.

(COMMERCIAL BREAK)