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American Morning

Terror Leader Al-Awlaki Killed; Trial of Michael Jackson's Doctor Continues; Bank Of America Debit Card Fee; Florida Creating Primary Frenzy; Judge: Loughner May Be Fit To Stand Trial

Aired September 30, 2011 - 05:58   ET

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

ANNOUNCER: This is CNN Breaking News.

CAROL COSTELLO, CNN ANCHOR: And good morning to you. It is Friday, September 30th. Ali has the day off. We begin this morning with breaking news.

The Obama administration confirming to CNN, the leader of al Qaeda and Yemen, a possible successor to Osama Bin Laden, is dead.

CHRISTINE ROMANS, CNN ANCHOR: Good morning, everybody. That's right. Following this breaking news this morning. This is AMERICAN MORNING. To tell you more about al-Awlaki and his apparent death. Breaking news, the American cleric and boss (ph) in Yemen is dead. The administration is confirming this for us. Yemen's defense ministry says he was killed along with other al Qaeda operatives.

The facts surrounding the attack are still sketchy this morning. The U.S. government has not come out to announce it quite yet, but al- Awlaki was considered even more dangerous than Osama Bin Laden by some experts since he was a U.S. citizen. That means he has that passport and can travel so many places.

And also, the ideological supremacy that that carried in al Qaeda circles. He was linked to the accused underwear bomber and the accused Fort Hood shooter. He was called the internet Bin Laden because of his skill for recruiting terrorists on the web.

COSTELLO: Yes. Joining us now for more on the phone, CNN national security contributor, Fran Townsend. This is great news in the war on terror, Fran.

FRAN TOWNSEND, CNN NATIONAL SECURITY CONTRIBUTOR (on the phone): It is terrific news. You know, and let's remember, Anwar al-Awlaki has this ties going back to some of the 9/11 hijackers. And so, it really is it's not just -- you know, he's continued radicalization of people like Nadal Hasan, the Fort Hood shooter and the underwear bomber. He really does go back to the most tragic attack on the United States as ever seen.

ROMANS: Let's talk a little bit about where we got him and how -- why now? We know that there was an attempt on his life with a drone attack earlier this summer, I think, that failed. Fair to say that the U.S. government has been targeting him for some time. TOWNSEND: Oh, over the last, I would say, eight years. I mean, there is no question when I was in the Bush administration. I personally pushed the president very hard on finding capturing Al- Awlaki.

You know, whether or not they were willing to have the political will to target him was always a big question. The United States over the sort of last five years has dramatically increased its presence, intelligence military.

And we worked very closely with the Yemen government. I don't think that this successful targeting would have been possible without U.S. support.

COSTELLO: Of course, we don't know if the United States was involved in this killing, the Yemeni government came out and announced this.

But what's interesting, Fran, is the Yemeni president just returned to the country and he sort of looking for the United States' help to keep him in power, and some of this was political in nature.

TOWNSEND: Sure, absolutely. You know, in fact, the U.S. government discouraged him from returning to Yemen, as did the Saudi government. We know that some officials in both governments. He went back anyway. He is looking for support.

But, Carol, we don't know whether or not the United States was directly involved in the killing, the Yemeni government does not have the capability without U.S. assistance to get this done.

COSTELLO: Fran Townsend joining us live. I hope you'll still around. We have many more questions for you, but we want to head live to Istanbul now to check in with Mohammed Jamjoom. He has information about exactly where Al-Awlaki was killed. Good morning, Mohammed.

MOHAMMED JAMJOOM, CNN INTERNATIONAL CORRESPONDENT: Good morning, Christine. We're told by the Yemeni embassy in Washington, D.C. that the operation that killed Anwar Al-Awlaki was carried out in Jawf Province that's province of Yemen. It's about 140 kilometers from the capital, from Sanaa.

Now this is interesting because Anwar Al-Awlaki many times in the past years when the Yemeni government would speak about him was believed to be in Shabwa Province that's another province that's known to be a stronghold for militants, for al Qaeda in Yemen and also the ancestral homeland for Anwar Al-Awlaki.

And one of the reasons the Yemeni government thought that he was in Shabwa Province is because he has his tribe there. He supposedly has a lot backing there. So they thought it would be an easy place for him to hide.

And that he had tribal support there as well. Also just a few days after Osama Bin Laden was killed a few months - (INAUDIBLE). COSTELLO: All right. We're having some technical difficulties, because, obviously, it's difficult to have somebody from Istanbul. But we'll go back to Mohammed when we can. Let's head to Washington.

ROMANS: That's right and what we're talking about this morning waking up to news of another key al Qaeda death, but we still don't know a lot about how Anwar Al-Awlaki died. Dan Lothian live at the White House. What do we learning now, Dan?

DAN LOTHIAN, CNN WHITE HOUSE CORRESPONDENT: Well, first of all, as you've been reporting I confirmed with a senior administration official that in fact, Anwar Al-Awlaki is in fact dead. What we're still waiting to find out is if the U.S., and what role the U.S might have played in his death.

The U.S. has been very active in that region over the last few years with U.S. drone attacks and there were at least a couple of other reports post some of those drone attacks that, in fact, he had been killed, and those turned out not to be the case. Now the U.S. in fact confirming that he is dead.

This is a very important target as you have folks have been suggesting this is someone that to most Americans may not be on par with Osama Bin Laden, but certainly what made him very dangerous is the fact that he was and is an American.

The president himself last year issued the kill and capture order. So that sort of puts it into some perspective as to what the U.S. felt about this threat from Yemen. At the time, his father had sent a letter to President Obama suggesting that this order should not be put in place, because his son was not in any way connected to al Qaeda.

But, again, the U.S. has been very active in the region believing that that was a very real threat, because of his involvement, from just supporting these operations to attack Americans, to actually being involved in some of these operations himself.

We are waiting to get more details from administration official. I'm told by one senior administration official that, in fact, more information will be forthcoming. But at this point, just confirmation that in fact he is dead.

COSTELLO: I would suppose, Dan, that President Obama will come out a little later this morning and talk about this?

LOTHIAN: We have no indication yet the president will come out. In if fact he will step before the cameras or the White House will release some kind of statement from the president, but this is, in fact, a big achievement for the U.S.

It by no means wipes out the threat of terrorism from the region, but it is a key component of the threat, and so it is a good day for the Obama administration. And we are trying to find out if, in fact, we will see the president, hear from the president on this today, whether in person or in some kind of release.

ROMANS: You know, Dan, we were talking to Fran Townsend who was telling that in the bush administration she personally pushed their president, Saleh to find him, to get him, to capture him that he was on the loose and dangerous.

Now the political wind has shifted a little bit for Saleh, right? I mean, he's back from Saudi Arabia. The United States has warned him against coming back to his own country. How does that play into here? Could he and his government have helped in this mission?

LOTHIAN: Well, you know, you're right. The timing of all of this, but I think what's important to understand in terms of resources, it's difficult to see how in fact Yemenis alone could have carried out any successful mission like this.

I'm not saying that he couldn't happen, but certainly it does appear based on the track record that the U.S. played some kind of involvement in this because of the resources. As I pointed out, the drone attacks have been consistent over the last few years.

Some reports have suggested that this, in fact, could have been the result of drone attacks so the U.S. has been supporting in that effort there. Unlikely, that the Yemeni government could have handled this on its own, but we have no confirmation yet as to exactly how this mission was carried out, who was involved. Those are pieces of this puzzle we're still trying to put together.

ROMANS: All the Yemenis had, was the information. That was sort of my point. Maybe now that -- maybe this was something in a bigger picture. They knew where he was.

COSTELLO: The United States certainly couldn't have done it without the Yemeni's helping. Interesting, the Yemen government put out this big press release as you will like announcing the death of Anwar Al-Awlaki.

So, Dan, I guess what I'm asking you, the Obama administration has obviously been working with the Yemeni government over a long period of time to achieve this. So it's really -- it's really been a long relationship in getting this done.

LOTHIAN: It has been a long relationship, and, again, going back to what I was saying, they may not have had the resources but a lot of times when the U.S. carries these operations on outside of country, they rely depend on the intelligence, not only their own intelligence on the ground.

But intelligence from those governments and so yes, the U.S. would have had to have some kind of intelligence from the Yemeni government. But again, we're trying to get more information on that. I don't want to get ahead of -- certainly there are reports out there. No confirmation on exactly how that came together, except for the fact that the U.S. is confirming that he is dead.

COSTELLO: Dan Lothian reporting live from Washington. Stick around. We have more questions for you as you find out more information. Dan Lothian, many thanks.

LOTHIAN: OK.

ROMANS: Coming up, what was Conrad Murray doing in the moments after Michael Jackson was found unconscious? Jackson's bodyguard says the doctor was on cleanup patrol. We're live in Los Angeles just ahead on this AMERICAN MORNING.

(COMMERCIAL BREAK)

COSTELLO: It's 11 minutes past the hour. Good morning to you. More on our breaking news. This happened overnight. Another key kill in the war against al Qaeda. Yemen saying Anwar Al-Awlaki, the leader of al Qaeda in the Arabian Peninsula is dead.

ROMANS: Nic Robertson has more live from London this morning. We're getting more details. We know from the Yemeni government that he has been killed. The U.S. confirming it. Still don't know how, where, when. What can you tell us now?

NIC ROBERTSON, CNN SENIOR INTERNATIONAL CORRESPONDENT: Well, we certainly know he was targeted through a drone air strike earlier this year. In fact, the strike came so close as to bounce off the fender of his vehicle when he changed vehicle.

It's not clear if it was a drone strike that targeted this time. We do know the activity of drones over the south of Yemen looking for Al-Awlaki and other like him, top al Qaeda bomb makers as well. So in all probability, this will be the way that he was targeted. But those fine details, we don't quite have yet, Christine.

COSTELLO: Nic, this is Carol Costello. Fill us in on this man's background because he supposedly inspired the Fort Hood shooter in 2009, 13 people were killed at Fort Hood. He also supposedly inspired the underwear bomber. You know, an attempt to bring down that plane in Detroit on Christmas Day in 2009. Tell us about this man.

ROBERTSON: His real strength is the fact that he is charismatic, is that he has developed a big following among some Muslims, people who sort of follow his sort of increasingly fire brand version of Islam as become more radical over the past decade.

But on top of sort of being charismatic, he speaks English. He speaks the language of the people that al Qaeda want to appeal to, to do draw into their net, to draw towards radical Islam and to commit attacks against the United States and other countries.

So this is a man who produces DVDs, CDs, audio messages, by the hundreds of thousands. You can buy them in stores, religious bookstores here in London. You can buy them on the internet. You can buy them all over the world.

He has been more radical over the past 10 years and his message, and his voice, is something that's found with increasing appeal. Not just among younger people. Older people had been and I was in one of these stores looking at his CDs, audio CDs, and an elderly man came in and I asked, why are you buying them?

He said, we liked his message. He doesn't preach on these DVDs to commit terrorists act, but it's his language, it's his flowery charismatic language that has made him such a danger because he can draw people in that al Qaeda can then use in attacks, as we have seen. Possibly Forthood, possibly the Christmas underwear bombing.

ROMANS: What, Nic, is his message then?

ROBERTSON: Well, his message is that the United States and the west are engaged in trying to diminish, to bring down work against Islam, and the only way to -- the only way to take them on is to fight back against them.

And to join a -- in terms of his messages now it is OK to go out and kill these people, because they're against Islam, and that's what makes his message so dangerous. I think if we put it in the context of Yemen right now, incredibly operationally active for al Qaeda. The bomb maker still on the loose in Yemen at the moment. Ibrahim Asiri made the underpants bomb that was used on the airline plot two years ago, made the bombs trying to bring down two aircraft over the United States last year, made the bomb that tried to, that was used to try and kill the Saudi deputy minister of interior.

So you have this bomb maker, this top Al Qaeda bomb maker on the loose in Yemen. Yemen is disintegrating in a civil war. Al Qaeda has taken control of three provinces there. Al Awlaki was the spiritual, charismatic mouthpiece. He is now dead, but Al Qaeda is growing in strength in Yemen and it's incredibly skilled and adept at bomb making.

ROMANS: Nic Robertson, we'll get back to you, live in London. Thank you.

Born in New Mexico, lived there till he was seven. He served as an imam here in the United States and in California, in Virginia, before moving back to Yemen. So that's another one of the allures of him that he was an American citizen, somebody who knows this system.

COSTELLO: And I've watched his speeches online. He's charismatic, he's young. Some people find him exciting. And you can see why he might inspire followers.

ROMANS: Well, today he's dead. We'll have more about the when, where, how, and why coming up later in the program.

Meanwhile, switching gears, more damning testimony against Michael Jackson Dr. Conrad Murray at his manslaughter trial. A bodyguard said as Jackson was dying, Dr. Murray directed Alberto Alvarez to pack up drug vials before calling 911. CNN's Don Lemon is covering the trial. He's live outside the courthouse in Los Angeles. Good morning.

DON LEMON, CNN CORRESPONDENT: Good morning. Basically, Christine, they were saying that Dr. Conrad Murray was trying to clean up after himself. As you said, cover his tracks. Now, this head of logistics, which is essentially the head of his security on the phone the whole time being directed by Michael Jackson's personal assistant -- walk towards the house. Go up the driveway. Now start running. Hurry up. Now go to the front door, and the front door is locked.

And then the nanny finally comes and sees him. He says, now, run up the stairs. He says, when he gets to the door he sees Dr. Conrad Murray, he's standing over the banister, goes up the stairs and he and Conrad Murray sort of go into the room -- or Conrad Murray goes into the room a bit before him and he seize Conrad Murray pumping Michael Jackson's chest with one hand and all of a sudden the children start to come in. First Paris came in. And here's how he directed that young child.

(BEGIN VIDEO CLIP)

ALBERTO ALVAREZ, MICHAEL JACKSONS' PERSONAL ASSISTANT: Paris screamed out, "Daddy!"

UNIDENTIFIED MALE: When you heard Paris scream out "Daddy!" was she crying?

ALVAREZ: Yes, sir.

UNIDENTIFIED MALE: And was Michael laying on the bed, palms out, looking slightly to the left at that time?

ALVAREZ: Yes, he was.

UNIDENTIFIED MALE: Would he have been actually looking slightly towards Paris' location?

ALVAREZ: Yes, sir.

(END VIDEO CLIP)

LEMON: So Paris is crumbled up in a ball. That's what the testimony was yesterday, and then also Prince there red-faced crying, the two older children in the room. And then, according to Alvarez, instead of calling 911, they still hadn't called 911 yet, he said that Conrad Murray directed him to start helping him put away vials and other evidence. Take a look.

(BEGIN VIDEO CLIP)

ALVAREZ: I was standing at the foot of the bed. He reached over and grabbed a handful of vials and then he reached out to me and said, "Here, put these in a bag."

(END VIDEO CLIP)

LEMON: That wasn't the only thing he said. "OK, so take these. Put these in a plastic bag. Take this plastic bag, put it in the brown paper bag. Take the brown paper bug, put it in a blue bag." It was on and on and on. And then the 911 call. So much time was lost here, Christine. ROMANS: Don Lemon. We're just getting more and more, this chaos as this man's life was ending. We'll check in with you again later in the program. Thanks.

(WEATHER BREAK)

COSTELLO: The question for you this morning, was Herman Cain fair when he said African-American voters were brainwashed. I know you heard Cain say think, but just in case, here it is.

(BEGIN VIDEO CLIP)

WOLF BLITZER, CNN HOST, "THE SITUATION ROOM": Why is the Republican Party basically poison for so many African-Americans?

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

(END VIDEO CLIP)

COSTELLO: Cornell Belcher, a CNN political analyst, calls Cain's remarks racist.

(BEGIN VIDEO CLIP)

CORNELL BELCHER, CNN POLITICAL ANALYST: If I came on your show, Anderson, and I said, all Jewish people are brainwashed, I probably wouldn't be invited back to CNN. What Herman Cain said was a racist, bigoted statement, and should be treated like a racist and bigoted person who makes racist and bigoted statements.

(END VIDEO CLIP)

COSTELLO: And frankly, it's tough to get over the fact some African-Americans forced the president to produce his birth certificate.

Republicans say, wait a minute. Don't paint us all with the same brush.

(BEGIN VIDEO CLIP)

ARI FLEISCHER, CNN POLITICAL ANALYST: I'm not going to dwell on this topic. Remember, the question was about people get poisoned about a party. There's presumption in the question also that flows from the fact 90 percent to 95 percent of African-Americans vote a certain way. But when people throw the word "racism" around, that's when I end the conversation because you cannot have an intelligent conversation with those choosing the public square of that. So I don't even want to get into that.

(END VIDEO CLIP) COSTELLO: The party of Lincoln has embraced Herman Cain. He now garners 17 percent support in a new FOX poll. So the talk back question for you this morning, was Herman Cain fair when he said African-American voters are brainwashed? Facebook.com/AmericanMorning, Facebook.com/AmericanMorning. I'll read your comments later this hour.

ROMANS: He used the word "poison," he came back with the word "brainwashed," and then there you go.

Coming up, Florida throwing a wrench into the election. Boy, have we heard that before. This time it's the race for the Republican nomination. Why a move by the state could shuffle everything around.

It's 23 after the hour.

(COMMERCIAL BREAK)

ROMANS: Welcome back. "Minding your Business" this morning. Right U.S. stock futures are down after a rocky day yesterday. Stocks first rallied then headed south, then a late-day surge sent the Dow up more than 140 points. The S&P was also up, the NASDAQ slightly down.

This recovery needs people to pump money into the economy. At 8:30 eastern we're going to find out if people did just that and spent more money in August. We'll also get the latest read on whether people are making more money.

If you're a debit card customer, Bank of America says beginning next year it's going to charge customers $5 a month to use their debit cards. It's in response to a government rule capping how much banks can charge merchants for those debit card transactions.

For many of you, now may be a good time to buy a home. Fixed mortgage rates hit their lowest levels since Freddie Mac began tracking them back in 1970. The 30 year fixed rate mortgage right averages 4.01 percent this week.

We're saving more for retirement. According to a study by Mercer, 41 percent of people boosted their 401(k) contributions. That's 10 percentage points from last year. And 11 percent putting away the $16,500 maximum allowed by the IRS.

AMERICAN MORNING will be right back after this break.

(COMMERCIAL BREAK)

ANNOUNCER: This is CNN breaking news.

COSTELLO: It is now 30 minutes past the hour.

The Obama administration confirming just about an hour ago, Anwar al-Awlaki, the leader of al Qaeda in Yemen, has been killed, along with other terror operatives. It's a huge blow to al Qaeda. This man's sermons on the Web may have even inspired the accused Fort Hood shooter and suspected underwear bomber.

CHRISTINE ROMANS, CNN ANCHOR: That's right. He's an American who was born in New Mexico in 1971 and has a huge following around the world.

Our senior international correspondent Nic Robertson joins us now live from London.

Good morning, Nic.

What do we know now new about al-Awlaki and this operation to target him.

NIC ROBERTSON, SENIOR INTERNATIONAL CORRESPONDENT: We knew that it got underway, according to Yemeni officials, at 9:55 a.m. local time, that would have been about 2.55 Eastern Time in the morning. They're not saying what time of operation it was. But given that the news of al-Awlaki's death it came within perhaps half an hour to an hour of that operation beginning to be conducted, it seems that it was a fairly swift operation.

They're saying that it was conducted about 90 miles east of the capital, Sana'a. Of course, the government in Yemen desperate to prove to the United States that it can help in the fight against al Qaeda. It wants the United States' support at the moment, the current government, because Yemen is undergoing a virtual civil war right now and Yemen's government wants the support of the United States -- Carol, Christine.

COSTELLO: Nic, how likely is it that the United States was involved in al-Awlaki's death?

ROBERTSON: Very likely. We can't say with any certainty at this stage, but we do know that earlier in the year, a U.S. drone targeted Awlaki. It was chasing him in a vehicle. He was escaping.

He changed vehicles at the last minute, and when it was when he was changing vehicles that the drone that was targeting him engaged with missiles and as he sort of scooted off in one of the vehicles, they split up into a couple of vehicles. His vehicle was hit on the fender by the missile, but it didn't detonate and it didn't destroy his car, although two other operatives with him at the time were killed in weren't one of the other vehicles.

So, the United States has come incredibly close recently. He is a target that they want to target. He is believed to be the first American put on a CIA targeting list, if you will. So, he is somebody who the United States has said is a key al Qaeda operative and he is a valid target. So, very likely they would have been involved.

ROMANS: The president personally signed that order targeting him back in April. So, he was definitely a top find for the U.S. government.

Thanks so much, Nic Robertson.

COSTELLO: Let's head to Italy now and check in with Paula Newton.

Paula, you interviewed Anwar al-Awlaki's father. What can you tell us about al-Awlaki, from what you got from his dad?

PAULA NEWTON, CNN SENIOR INTERNATIONAL CORRESPONDENT: Dr. Nasser has always been quite passionate about his son. You know, Carol, he talked to me about the person he described was an all- American boy. His words, not mine.

Carol, in order to prove it to me, he brought pictures of the whole family at Disney World. This was a man tormented by what had become of his son.

And you have to remember, Carol, at the moment he had spoken to me, he has Anwar al-Awlaki's kids, his wife. He says he has a tormented wife of his own that cannot believe of what has become of his son.

But at the same time, Carol, the other thing that was very interesting was this was a father that was fighting on two fronts. He would tell me that, look, what the American officials are saying about my son is not true. I would take this information back to U.S. officials and they would say, no, we definitely have evidence that he was materially involved in these lots and not just recruiting people online.

The other thing was that he always disputed whether or not the U.S. had the legal right to target and assassinate his son. He said he's an American citizen. If you believe he is guilty of something, capture him and try him, and this is what he really wanted to dispute in the end.

But I can tell you what it was like to have a relationship with this man. I'm still trying to get a hold of him this morning. His cell phone is switched off.

He just is so tormented because he spoke to me very much about how he raised his son to be very tolerant to be an American and he described to me the grief after 9/11. He said that in the way that the U.S. prosecuted the war on terror, that he believes that that in the end is what turned his son against America -- Carol.

COSTELLO: Is he in contact, has he been in contact with his son? His son's been hiding out in the mountains of Yemen for a very long time. Nobody could find him, until now, obviously. But has his father been in constant contact with his son?

NEWTON: It's a very good question, Carol, and when I put that several times to the Dr. Nasser, he told me that, look, I'm not in contact with him. That's what he has to say. He also believes that officials from the Yemeni government, officials he knows quite well. He knows the president of Yemen quite well. He's done work for him, and as well as American officials tailing the family to understand that they knew where he was. He told me, no, he doesn't have any contact with his son, but he also told me he was sure his tribe, his relatives, wherever he was, would do their best to protect his son.

It is very clan-like there. The tribes stick together, and he was sure that his son would be protected. That is the reason that he wanted some kind of amnesty for his son, if you can believe it because he thought that he perhaps if his son could turn the corner, he could be helpful to U.S. officials in giving them information about terror plots.

It was clear, Carol, that all the information coming out, though, Anwar Awlaki was too far gone down that road to be of any use to U.S. officials, and clearly by the president signing that order, they wanted him dead.

ROMANS: Paula, let me ask you what the father thought about his preaching, if you will, and the things that he was saying in the thousands and thousands of audio messages and DVDs?

I mean, on the one hand, he didn't think he was a threat the U.S. made him out to be, but on the other hand, there's plenty of evidence about what he was doing to try to radicalize people, young people, old people, everyone.

NEWTON: Absolutely. And you know what? The time we brought out some of the descriptions what was going online, what happened at Fort Hood, he said, look, he was not denying that his son felt a lot of anger towards what was going on in the war on terror, but he at the time, the last time I spoke to him in person, he told me, look, he would never, never want innocent people to be dead. He would never hurt innocent people.

After that, I then -- when you have other incidents of Anwar Awlaki speaking online and saying, look, Americans are legitimate targets, even innocent Americans are legitimate targets, I would go back to them. And he would basically say, I don't want to talk about this. I don't think that the U.S. authorities are really approaching this the way they should. I do not want to see my son assassinated -- and he refused to engage on those issues after that.

COSTELLO: Paula Newton reporting live from Italy, thanks so much.

ROMANS: All right. The U.S. ambassador to Syria, Robert Ford, is safe this morning after being attacked by an angry mob in Damascus. The crowd pelted Ford's convoy with rocks and tomatoes as he arrived to meet with a Syrian opposition figure. Ford is outspoken about his support for dissidence in Syria.

Secretary of State Hillary Clinton calls the attack inexcusable.

He's retiring this morning on schedule. The Joint Chiefs chairman, Admiral Mike Mullen, is not going quietly. Mullen is standing by his statement to Congress that Pakistan's spy agency supports insurgents. President Obama will attend the hand over ceremony this morning as Mullen is replaced by Army chief of staff, General Martin Dempsey.

ROMANS: All right. Broken government, our series all week. Still to come, we've been looking at America's broken government, but CNN's senior legal analyst Jeffrey Toobin says, hey, maybe -- maybe it doesn't look so broken to him. Are we all wrong? We're going to ask him.

We're also going to be talking about the legality of targeting an American citizen in this latest terror attack against al Qaeda. A lot to talk to Jeff Toobin about, that's coming up right after the break.

(COMMERCIAL BREAK)

COSTELLO: Forty-one minutes past the hour.

Just to update you on our breaking news this morning. The inspirational voice of al Qaeda in the Arabian Peninsula, Anwar al- Awlaki, has been killed. The Yemeni government is telling us that in a press release earlier this morning. Also, the Obama administration confirming this for us.

This is the man who supposedly inspired the Fort Hood shooting, where 13 people were killed back in 2009. This is a man who supposedly inspired the underwear bomber who tried to bring down that Detroit flight on Christmas Day. We'll have much more information as the morning drags on.

Let's talk a little bit about politics right now, because we have some important primary information to tell you about, some changes in Florida that may certainly affect this Republican primary race.

Let's head to Washington and check in with Mark Preston.

Good morning, Mark.

MARK PRESTON, CNN SENIOR POLITICAL EDITOR: Hey. Good morning, Carol.

COSTELLO: So, tell us about those changes.

PRESTON: Sure. You know, big changes in just a few hours, Carol. The presidential nominating calendar as constructed by the Republican Party is going to be thrown out the window. This is very significant, because what it means is that Republicans will very likely now, Carol, choose their presidential nominee at least a month earlier than had expected.

Florida is expected to choose January 31st to hold their primary. This is in violation of Republican Party rules. What this is going to do is force states such as Iowa, New Hampshire and Nevada and South Carolina to move their contests into early January. And by doing so, we're going to see candidates now campaigning in Iowa right after the Christmas holidays. They will probably take one day down.

Now, I will say that the Florida officials are defending themselves, Carol, from this. They say that the state is too large, too diverse, whether that is across racial lines or geographic lines or age lines for it not to be a major player in picking the next Republican presidential nominee -- Carol.

COSTELLO: But could the state of Florida be punished for making this move?

PRESTON: And they will be punished. They are expected to lose half of their delegates. They have more than 100 delegates that are slated to go to the convention. However, in many ways, that's probably not going to happen. Florida is hosting the Republican National Convention down in Tampa in August of next year.

And also, do you really want to penalize a state that is going to play such an important role, not only in the presidential primary but quite frankly in the general election?

COSTELLO: OK. Mark Preston, reporting live for us in Washington -- many thanks to you, Mark.

PRESTON: Thanks, Carol.

COSTELLO: All right. Carol.

All this week, CNN taking an in-depth look at why our government is so broken. But our next guest argues, looks like a fractured system to many of you, it might actually just be Americans struggling to agree while disagreeing. That's what our system is all about.

Jeffrey Toobin, CNN's legal analyst, joins me now.

So, before we explain this, I want to talk about the breaking news this morning. Anwar al-Awlaki, it was a year ago, we heard, that this administration, the president personally had signed an order to target him -- an American citizen, very rare if not unprecedented. It was challenged by the ACLU and his own father, Anwar al-Awlaki's own father, said this is illegal. The American government should not do this.

What is the legality of something like this?

JEFFREY TOOBIN, CNN SENIOR LEGAL ANALYST: Well, I don't think there's really going to be any dispute about the legality. This is a war. I mean, we are fighting against people who are engaged in armed warfare against us. I mean, the fact is, sadly, a handful of the people who are fighting against us are also American citizens, but the legal basis for killing him on foreign soil is really no different than the legal basis for killing Osama bin Laden.

And I think there will be -- even if there is some legal proceeding arising out of this, frankly, which I doubt.

ROMANS: Right.

TOOBIN: I don't think this is going to be a lawsuit. I am sure the United States government will win that case. Well, I think, you know, people are always, you know, why can't they work out their differences? Why can't they compromise? You know, this is an ideological struggle going on in Washington now with principle differences. I mean, the Democratic party and the Republican Party right now really just disagree about a host of issues.

And, when you have people saying, oh, you know, they should just agree. They don't agree. They just don't agree on whether it's social issues, whether it's abortion, whether it's same-sex marriage, whether taxes help the economy or hurt the economy. You know, I just don't think that we should pretend there's some right answer out there in the middle when, in fact, they just disagree about what's right for the country.

ROMANS: Presumably who to blame more, though. I mean, some have pointed out that one-third of one-half of one-third of government seems to be holding things up, and that's the Tea Party. The new part of the Republican -- new Republicans in the House of Representatives, and other say, you know, Democrats had their way for too long and this is a natural reaction to that.

Is that the way the landscape is? This is just a new twist on normal disagreement?

TOOBIN: Well, I think that underestimates the power of the Tea Party. I mean, when was the last time you heard any prominent Republican say a bad word about the Tea Party? Like -- never. I mean, they are the mainstream of the Republican Party now. You can argue about whether that's a good or bad thing, and you can argue on the merits of any of these disputes.

But, the Republican Party now is essentially equivalent to the Tea Part, the anti-tax, libertarian in some ways, socially conservative in other ways. That is the Republican Party now. It's 180 degrees different from the contemporary Democratic Party. I mean, Democratic Party is, you know, a party that believes in activist government.

And the fact that they don't agree is really why we need elections, because that's who's going to settle this ultimately, not, you know, some magical compromise in the middle.

ROMANS: Let's talk about the most divisive issue. One of them under recent years. It's healthcare reform. The Supreme Court's going to get this.

TOOBIN: Thank goodness for those of us who follow the Supreme Court.

ROMANS: I know. But, look, I mean, this going to land right in the middle of a big re-election campaign. There's some who say that Clarence Thomas' wife should, because of her activism in this, that maybe he should not be involved. What do you think?

TOOBIN: I think he should remain on the case. She has a job. She is a political activist. She's been one for decades since before she met Clarence Thomas. She is not a party. Her organization is not a party to any of the lawsuits that they're working their way forward. She has political views.

They are actually very similar to his. I would say that's true in most marriages. People share political views. I just don't see why that is a disqualification. I do think this that this is going to be the most significant case that this Supreme Court has had since --

ROMANS: Really?

TOOBIN: Oh, absolutely.

ROMANS: Right in the middle of an election campaign. If you're looking for compromise and unicorns and rainbows next year, you won't get it.

TOOBIN: You won't get it. I mean, I just think this is going to define what the scope of the federal government powers are in a wide range of issues probably for decades, this case. So, I just think this is an immensely significant case, and it will be decided at the end of June 2012, right before the convention.

ROMANS: So interesting. Jeff Toobin, thank you so much.

TOOBIN: Great stuff.

ROMANS: Nice to see you, Jeff. You can read Jeff's opinion piece online at cnn.com/opinion. All right -- Carol.

COSTELLO: Christine, it's 48 minutes past the hour.

Your morning headlines coming your way next including breaking news, the biggest blow to al Qaeda since Osama Bin Laden. We'll be back.

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COSTELLO: Ten minutes until the top of the hour. Here's what you need to know to start your day.

(BEGIN VIDEOTAPE)

COSTELLO (voice-over): The biggest foe to al Qaeda since Osama Bin Laden. Yemen saying Anwar al-Awlaki, the leader of al Qaeda in Arabian Peninsula is dead.

Bank of America says it will begin charging customers five bucks a month to use their debt cards. The move coincides with the new government role limiting how much banks can charge merchants on debt card transactions.

Michael Jackson's bodyguard says before calling 911, he helped Dr. Conrad Murray gather up drug vials in Jackson's bedroom. Prosecutors claim that's evidence of a cover-up. Murray is charged with involuntary manslaughter in Jackson's death.

Adm. Mike Mullen passes the torch this morning to the man who's replacing him as the joints chiefs chairman, Army General Martin Dempsey. President Obama will attend the hand over.

Florida is now expected to move up its presidential primary to the last day in January 2012. A decision on that likely coming as early as today. It's a move that could throw the entire Republican nominating calendar into a frenzy.

Baseball's second season now getting under way. The American League playoffs begin tonight. It's the Rays versus the Rangers and then the Detroit Tigers, I know they're going to win, versus the New York Yankees.

(END VIDEOTAPE)

COSTELLO (on-camera): That's the news you need to start your day. AMERICAN MORNING back after this break.

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COSTELLO: Seven minutes until the top of the hour. Good morning to you.

Arizona shooting suspect, Jared Loughner, must undergo four more months of treatment before he is re-evaluated. The federal judge ruling Loughner could one day be confident enough to stand trial if he stays on medication. Loughner is charged in the January shooting rampage that killed six people and injured 13 others including Congresswoman Gabrielle Giffords. He's been diagnosed with schizophrenia and is on suicide watch in federal prison.

ROMANS: Using a procedure that would take longer to explain than the actual vote. Just three House members who pass a spending bill that keeps the government funded through next Tuesday will also providing FEMA with additional money for disaster relief. When the full House returns from recess next week, it will take up a more comprehensive bill to keep the government running through mid- November.

COSTELLO: With a now looking very lucky that the Supreme Court could rule on the healthcare law during the election year. A political battle is growing over whether some justices should sit the case out. Some House Democrats now want Justice Clarence Thomas to be investigated over his wife's ties to a lobbying group that opposes the healthcare law.

On the other side of the aisle, some Republicans have called for Justice Elena Kagan to recuse herself since she was the administration's top lawyer during the healthcare debate.

ROMANS: A very unexpected outcome of a natural disaster. Tropical storm Irene is causing a gold rush. Irene slammed into the state of Vermont back in August, turns out, resulting erosion has made things easier for people who pan for gold. One Panner says that the tropical storm unveiled some new treasure spots.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: On the good side as far as the looking for gold, it moved the gold. It moved a lot of dirt. It cleaned a lot of places where you had to dig before. So, there's a lot more out there than they used to be as far as finding is concerned.

(END VIDEO CLIP)

ROMANS: So, I mean, how much gold is really out there in Vermont? We don't have specifics, but according to one gold panning expert, a Vermont family found enough to pay out their property tax.

COSTELLO: You're kidding?

ROMANS: I know.

COSTELLO: That's amazing.

(LAUGHTER)

ROMANS: I know.

COSTELLO: Let's go to Vermont.

ROMANS: Of course. It's really hot.

(LAUGHTER)

ROMANS: All right. Ahead next hour, breaking news. Yemen saying the man believed to be al Qaeda's new number one is now dead. How they got him? What Washington is saying about it? All next hour.

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