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Anderson Cooper 360 Degrees
President Bush to Name Supreme Court Nominee; Nominee Reported as Appeals Court Judge John G. Roberts, Jr.; Marital Fidelity; President Bush to Announce SCOTUS Pick in Primetime; Mexico Awaits Hurricane Emily; Study: Most Suicide Terrorists Motivated Against Military Occupation
Aired July 19, 2005 - 19:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
HEIDI COLLINS, CNN ANCHOR: Blazing heat, drought, wildfires, floods and hurricanes. Tonight, Emily swirls ashore. What is going on?
Two hours from now President Bush announces his first nomination to the Supreme Court. Who will be pleased? Who will be angry? Tonight the armies of the right and the left are poised.
Do you really think you know what would cause a person to suddenly change, leave his wife and baby to commit mass murder of strangers? Tonight, inside the minds of suicide bombers.
And cheating: a user's guide. What you need to know to protect your marriage or your relationship. Do you really know what's going on?
ANNOUNCER: Live from the CNN Broadcast Center in New York, this is ANDERSON COOPER 360.
COLLINS: Good evening once again, everybody. I'm Heidi Collins. Anderson is off tonight.
We have known for many hours now this was going to be an exceptionally long day. CNN sources in Washington alerted us early this morning to the fact that President Bush would in all probability be making the first Supreme Court nomination of his presidency sometime today, a nomination to replace the retiring Sandra Day O'Connor, the first woman ever to sit on the high court. And the White House itself confirmed that not long ago. There will be indeed an announcement two hours from now at 9:00 p.m. Eastern.
CNN, of course, will be covering this historic development all evening, a development on which, when all is said and done, though we of course don't know yet the name of the nominee, one source estimates lobbyists may spend as much as $100 million to influence the outcome one way or another.
As for the question of what exactly is going on right now where the decision is being made, we are all waiting to hear what has already been decided. We are joined now by White House correspondent Suzanne Malveaux.
Suzanne, hi. SUZANNE MALVEAUX, CNN WHITE HOUSE CORRESPONDENT: Well, hi, Heidi. It all began with a tip that I got this morning from an inside White House person who simply said that put on your best suit, it is going to be a very long day. In fact, we expect it is going to be a long day, that the announcement would come today from the president. The president preparing for that moment.
We are told he will walk to the East Room with his nominee. We are told that he'll make a brief statement, then the nominee as well. The nominee will have their family with them on the occasion.
We are told the whole thing is going to last for about 10 minutes or so, that the president will make a direct appeal to Congress as well to say that he wants to keep this process dignified here.
There has been a lot of talk over the timing of all of this. We have been given guidance both inside the White House, outside as well. A couple of things that really tipped us off here, of course, yesterday when he called Senator Arlen Specter, the head of the Judiciary Committee, the one who is going to be running the whole process, from a softball game that he was supposed to be attending late last night, called him in quickly to come to the White House for a late meeting at the White House.
Then I was also told as well, given a tip from someone who went to the state dinner last night where the president was, of course, here at the White House. Also in attendance was Justice Clarence Thomas. I was told that the president said a little joke to Thomas, saying, I bet you want to know who it is that I picked. And that person also saying they believe that the president seemed rather proud and that he had made that selection at that time.
Heidi.
COLLINS: Suzanne, we have heard quite a bit all day long now about Edith Clement, and the possibility of her filling that vacancy. What have you heard on that and where this process goes now?
MALVEAUX: Well, there were a lot of us who were hearing that from various Republican sources, people on the Hill as well as people inside the White House, that at the very least she was a frontrunner for this position. It made a lot of sense. She was unanimously confirmed for her position, also seen as one who would really be a consensus candidate for both Democrats and Republicans, people who they really like.
We were late in the day told not necessarily to expect that. Now she actually interviewed with the president over the weekend at least twice. And she met with his White House counsel, Harriet Miers, at least once. But then we were told there are other people and other considerations.
COLLINS: Suzanne Malveaux, thanks so much for that. We know it has been a busy day.
Most Americans apparently have faith that President Bush will pick the right person for the Supreme Court. But those more familiar with the law apparently do not. Here's a download note. A newly released poll by the University of Pennsylvania's Annenberg Public Policy Center says 58 percent of Americans are very or somewhat confident that President Bush will make good choices in his nominees. The survey was conducted in March and April before Justice Sandra Day O'Connor announcer her retirement.
When lawmakers were asked the same question in March, just 38 percent said they were very or somewhat confident in the president's ability to pick a good nominee. Well, joining me now to discuss that and the latest speculation on that pick is CNN's senior legal analyst, Jeffrey Toobin.
All right. We have just heard that Edith Clement may be out of the picture. But there's another Edith still, Edith Jones, right?
JEFFREY TOOBIN, CNN SENIOR LEGAL ANALYST: Another Edith on the same court, the Fifth Circuit Court of Appeals in New Orleans. She has been -- unlike Edith Clement, Edith Jones has been on the court for 20 years, an outspoken conservative, very strongly in favor of the death penalty, apparently to all outward indications would vote to overturn Roe v. Wade. She is still very much in the mix, apparently.
COLLINS: Yes, she is. Also Judge Michael Luttig. He was with Souter, he was a clerk there. And there was some very interesting video today of him with his family.
TOOBIN: Michael Luttig was in the Justice Department. He worked on Clarence Thomas' confirmation, has been a judge since the first Bush administration. Very interesting personal story with Michael Luttig. His father was tragically murdered in Texas and the killer was executed in Texas. So he has both academic and professional experience with the legal system, and also tragic personal experience, also very conservative, would provoke a big fight.
COLLINS: And there is always Alberto Gonzales. He's attorney general. A lot of talk about him early on.
TOOBIN: Alberto Gonzales, very close to the president, former White House counsel, former Texas Supreme Court justice. The conservatives in this process have rebelled against the idea of Alberto Gonzales being a Supreme Court justice. He seems to have fallen off the radar screen a little bit. But as close as he is to the president you can't discount him as a possibility.
COLLINS: Less than two hours we will actually know the answer. And we will talk again.
TOOBIN: We will know the answer, yes. It's hard to believe after this day that we're actually going to know. But that's why we're here.
COLLINS: That's right. We will see you again actually before this hour is through. So, Jeffrey, thank you so much for that.
The White House and the Senate have both made it clear they want a justice confirmed by October, of course, when the court's next session begins, meaning there won't be a vacancy seat at all. But if there is, don't worry, we've dealt with this sort of thing before, though you weren't around for some of the longest. Here's a download on that.
The longest vacancy was two years, three months, 23 days when Justice Henry Baldwin died in 1844. Definitely we were not around. John Tyler was president. Baldwin's successor wasn't confirmed until after James K. Polk was elected. The second longest, two years, one month, 16 days, between Justice Peter Daniel's death and Samuel Miller's confirmation. Abraham Lincoln became president and civil war broke out.
Erica Hill is now with us giving us the headlines for the other stories that we're following tonight.
Is there anything else, Erica?
ERICA HILL, CNN HEADLINE NEWS ANCHOR: Actually, believe it or not, Heidi, a few other things, pretty important, actually.
We're going to start off in Israel. We have been talking about this for the last few days. An update now, Israeli protesters clashing today with Israeli police and soldiers. The pushing and shoving was brief, but more than a dozen people were arrested. Protesters there are against an Israeli plan to withdraw Jewish settlers and troops from Gaza and some areas of the West Bank. That is scheduled for next month. Now they did plan to march to the Gaza border but were blocked by 20,000 Israeli troops and police officers who were deployed to stop them. The protesters wouldn't leave though. They do vow to march on when they can without confrontation.
In Washington, D.C., a commission adding at least four military facilities to a list of hundreds that may be shut down or downsized. The Associated Press says the facilities are located in Brunswick, Maine; near Virginia Beach; as well as San Diego; and Alaska. The commission's final decision on the list is weeks away. It also must get President Bush's stamp of approval.
In Richmond, Virginia, charge him or release him. That demand in a federal appeals court for a lawyer for Jose Padilla who is designated by President Bush as an enemy combatant in the war on terror. The government is appealing a decision by a federal judge earlier this year who said Padilla could no longer be held without criminal charges. He has been detained in a military brig South Carolina since being arrested at Chicago O'Hare Airport in May of 2002.
And in Charleston, South Carolina, retired General William Westmoreland is remembered. He died of natural causes at the age of 91. He commanded U.S. forces in Vietnam from 1964 to 1968.
And, Heidi, that's the latest at this hour. We'll hand it back to you.
COLLINS: All right. Erica, thanks. We'll see you again in about 30 minutes. Still to come now on 360, more on President Bush's pick for the Supreme Court. His announcement less than two hours away. We'll take a look at what is at stake tonight.
Plus, Hurricane Emily getting ready to pound Mexico. Parts of the U.S. will feel the storm. We'll tell you exactly what to expect.
And why can't some people stay faithful? We'll take a close look at infidelity. Is it in our nature to cheat?
(COMMERCIAL BREAK)
COLLINS: Hurricane Emily gained strength enough to be classified as a category 3 storm again, with winds of 125 miles an hour.
We turn now to CNN meteorologist Jacqui Jeras in Atlanta for details on what is next in this career of a very persistent storm -- Jacqui.
JACQUI JERAS, CNN METEOROLOGIST: Well, Heidi, more intensification, that's what you can expect. This thing blew up unbelievably today. We started out as a category 1 this morning. Hurricane hunters flew into the storm about an hour ago and found 125 mile-per-hour maximum wind, making it a major hurricane. It has also slowed down a little bit in forward speed. And that gives it time to become a category 4 possibly before making landfall.
So that's the new official forecast coming in from the National Hurricane Center with winds of 140 miles per hour making landfall over night tonight. So it will be sometime early on Wednesday morning. A little jog to the west is expected and that's why we're still thinking landfall will be in the northern parts of Mexico rather than into southern parts of Texas. But you will still be feeling the effects of this storm.
What can Texas expect? Primarily tropical storm force winds coming in tonight, possibly hurricane force wind gusts, rainfall of four to eight inches, locally heavier amounts, up to a foot of rain. That's all along the Rio Valley area. Storm surge of five to 10 feet, and it's probably going to be a little closer to these higher numbers because of the intensification expected. And isolated tornadoes can be expected as well.
And there you can see on radar -- this is out of Brownsville, radar, the eye of the hurricane very easy to pick out. And a tornado watch has been issued across much of southern Texas. It includes even Corpus Christi, extending down into Brownsville and South Padre Island.
So the big story, Heidi, major intensification. We've got a major hurricane once again making landfall overnight.
COLLINS: All right. Jacqui, we know you will be watching it. Thanks so much.
And as Jacqui told us, the way things are, not Texas, but Mexico presents Hurricane Emily with its biggest target. A long coast with not just a great many villages on it, but also some fair sized cities.
CNN's Ed Lavandera reports from one of them.
(BEGIN VIDEOTAPE)
ED LAVANDERA, CNN CORRESPONDENT (voice-over): The last major storm to steamroll through northeast Mexico was Hurricane Gilbert in 1988, a category 3 storm with winds of 120 miles per hour. Two hundred sixty people were killed as the storm plowed through the Caribbean islands into the Yucatan Peninsula and back into the Mexican mainland. Hurricane Emily has followed a similar path.
Ruttilo Macisa has lived on the banks of the river that cuts through the heart of Monterrey, Mexico, for 25 years. It's a city of about 1.3 million people,125 miles south of the Texas border, 250 miles from the Gulf. He's trying to fix what he can on the roof of his home before Hurricane Emily strikes.
(on camera): Do you think people here are aware of what is happening?
RUTTILO MACISA, RESIDENT (through translator): Yes, of course. We're all ready. We know it is out there and we know it is coming, so we'll see what happens.
LAVANDERA (voice-over): Macisa lives in a poorly constructed home in one of the most downtrodden neighborhoods in the city. Emergency officials like Gerardo Garcia (ph) have been walking the neighborhoods here, urging people to evacuate by Tuesday night.
(on camera): So this is one of the most critical spots here in the city because the river is going to rush through here.
(voice-over): Maria Ortega sits on her front porch surrounded by kids. She has lived here 33 years and remembers when she used to walk several miles to bring home buckets of water. Now any time it rains the water comes rushing through. She is nervous, scared, and ready to evacuate.
(on camera): Are you ready to go? She is ready to go. All she has to do is lock the house and leave.
(voice-over): Hurricane preparations here in Monterrey don't have the same intensity you normally see before a looming storm. We didn't see people racing out to the markets and hardware stores. Instead, street crews spent the day manicuring lawns along the major streets. Children were laughing and hollering on the playgrounds. Everyone here says they are ready for what is coming, whatever that might be.
(END VIDEOTAPE)
LAVANDERA: And the quote of the day coming from a man that we met on the street here today, we asked him where we could find people in Monterrey where they were boarding up windows or taping windows and putting in sandbags. And he said, you know, here in Monterrey we don't put on that kind of show. We leave that up to the people in the U.S.
But the main concern over the next 10 to 12 hours will be the towns along the Gulf Coast here in Mexico, on the northeast edge of the Gulf Coast, where many small towns and villages along there are beginning to feel the effects of Hurricane Emily. But here in Monterrey, people are relaxed and heading home from a busy day at work.
Heidi.
COLLINS: All right. Ed Lavendera tonight. Thanks, Ed.
Stay with CNN throughout the night for updates on Emily. We are you hurricane headquarters.
360 next, London, cleaning up. A big step is made after the suicide bombings earlier this month. We'll have the latest on the investigation.
Also tonight, we're less than two hours away from a big announcement from President Bush. He will name his pick from the Supreme Court tonight. We look at what is at stake with his decision.
Plus, infidelity, what you can do to protect your marriage.
(COMMERCIAL BREAK)
COLLINS: There are still a lot of questions to be answered concerning this month's terror attacks in London. But for many Britons, the motive is apparently very clear. Here's the download. According to a new poll published in London's Guardian newspaper, two- thirds of Britons believe the bombings are linked to their country's role in the war in Iraq. Thirty-three percent of the 1,005 people polled believe Prime Minister Tony Blair bears a lot of responsibility for the attacks, 31 percent say a little, 28 percent say not at all.
Cleanup continues in London. Today, workers lifted a destroyed subway train out of London's Edgware Road station. It's a remnant of the attack on July 7 in which 52 people were killed by four bombers who also died in the attacks.
Meanwhile a biochemist arrested last weekend in Egypt apparently has no links to the attacks. Today the Egyptian government cleared Magdy El-Nashar. It says a probe found no connection between El-Nashar and al Qaeda, though it did not say whether he'll be released. El- Nashar has lived in England since 2000 but was visiting family in Egypt. He had studied at North Carolina State University in 2000, but received a doctorate this year from a university in Leeds, England, near the homes of the four suspected suicide bombers.
Investigators still learning more about those killers. We know they were members of the middle class living in the suburbs and fans of cricket. They seemed like your average folks.
That may come as a surprise to you, but as CNN's Keith Oppenheim reports, suicide attackers often don't fit the stereotypes.
(BEGIN VIDEOTAPE) KEITH OPPENHEIM, CNN CORRESPONDENT (voice-over): They are not who you think. In a phrase, that's what one scholar discovered about those who strap bombs to their bodies to kill as many people as possible.
ROBERT PAPE, AUTHOR, "DYING TO WIN": Myself, I believed right after 9/11 that Islamic fundamentalism was the main cause.
OPPENHEIM: In the years following 9/11, University of Chicago political scientist Robert Pape would change his mind. Pape pored through government data, media accounts, even glossy yearbooks from terror groups such as the Tamil Tigers in Sri Lanka -- material that helped create a profile of all known suicide attackers since 1980.
The data, Pape says often did not match the stereotype of a desperate religious fanatic.
PAPE: In fact, most suicide terrorists are socially integrated, quite productive members of their community, much like the London bombers. Most suicide terrorists, including those from Lebanon and Palestine, are working class and middle class, over 76 percent.
OPPENHEIM: In his book "Dying to Win: The Strategic Logic of Suicide Terrorism," Pape writes he was able to pinpoint the beliefs of 384 of 462 suicide attackers. Forty-three percent of those, he says, acted on religious beliefs, 57 percent were motivated by a secular ideology.
PAPE: It's specifically about ending the presence of foreign combat troops. I don't mean advisers, I mean tanks, fighter aircraft, combat troops, on territory they prize greatly.
OPPENHEIM: In other words, suicide bombers want foreign troops out.
(on camera): If someone is not being driven by a religious ideology, then why would they ever think about killing themselves for a political one?
PAPE: Most suicide terrorists are members of local communities who revere not so much a suicide terrorist attack as the political goal that the terrorist group has. The purpose of a suicide attack is not to die, it's to kill, it's to kill the largest number of people possible in the target society.
OPPENHEIMER (voice-over): Pape says Hezbollah's 1983 suicide truck bombing that killed 241 Marines in Lebanon had a dramatic effect. After that, U.S. troops pulled out.
PAPE: That event sent terrorist leaders around the world a message that suicide terrorism pays.
OPPENHEIM: And since the 1980s, Pape says, suicide bombings have steadily gone up from an average of three per year to nearly 50 per year in 2003.
PAPE: While ordinary terrorism over that same 25-year period has fallen by 50 percent. Terrorism is becoming suicide terrorism.
OPPENHEIM: Pape says in Iraq this year alone there could be more than 100 suicide attacks. That, he argues, is a consequence of continued deployment of U.S. troops there.
PAPE: We must expect that the threat of suicide terrorism is going to continue and possibly grow.
OPPENHEIM: Keith Oppenheim, CNN, Chicago.
(END VIDEOTAPE)
COLLINS: The mastermind and pilot in the 9/11 attacks, Mohammed Atta, also grew up in relatively middle class surroundings. Today CNN spoke with Atta's father, a lawyer, and found he's not at all upset by what his son and other terrorists have done. In fact, he praised the London attacks. He says those bombings and 9/11 were just the beginning and that he's hoping for more. He wouldn't speak to us on camera, though, unless we shelled out 5,000 bucks, enough, he says, to pay for another London attack. Needless to say we didn't give him any money.
Cheating, a user's guide. What you need to know to protect your marriage or your relationship. Do you really know what is going on?
360 continues.
(COMMERCIAL BREAK)
COLLINS: Welcome back to 360, everybody. I'm Heidi Collins in for Anderson Cooper tonight. Let's check the top headlines of the day in "The Reset" now.
Bracing for Emily. The hurricane strengthened today to a category 3 storm with winds of 125 miles an hour. Its effects will be felt in Texas. Stay tuned to CNN, your hurricane headquarters, for the very latest.
In the Southwest, the heat wave is taking a deadly toll. More than 24 deaths in Arizona may be heat-related. Many of the victims were elderly and homeless. The soaring temperatures are also being blamed for several wildfires across the state.
And awaiting a supreme decision. Tonight at 9 p.m. Eastern, President Bush will announce his choice to replace Justice Sandra Day O'Connor. The White House is giving an off-camera, off-the-record background briefing to reporters in just a few minutes.
So who will it be? We'll watch CNN's live coverage of the president's very important announcement.
Actor Jude Law has played many parts. But it's his real-life role as Casanova that's getting the attention and for all the wrong reasons. This week the movie star confessed to cheating on his fiance by having an affair with his children's nanny. That is a definite no, no. He said he's sorry and ashamed, but Jude Law's indiscretion got us thinking.
Are the rich and famous more likely to cheat or can anyone be taken by temptation?
The answer is tough to pin down. Researchers say 60 percent of men, 40 percent of women will have extramarital affairs at some point. But other studies show the numbers to be much lower. Tonight we're going to take a close look at infidelity. We begin with the basics. Why do people cheat? The answer may have a lot to do with animal attraction.
CNN's Kathy Slobogin reports.
(BEGIN VIDEOTAPE)
JANE TOLLINI, ZOOKEEPER: We're going to be taking a train ride through the zoo. I would say penguins are probably the most romantic animal in the zoo.
KATHY SLOBOGIN, CNN CORRESPONDENT: Penguins in love. They look innocent enough.
TOLLINI: They have a month of foreplay.
SLOBOGIN: But looks are deceiving, according to zoo keeper Jane Tollini.
TOLLINI: There's a penguin we named Joan Collins who would literally sachet in front of the burrows where parents are sitting on their eggs. And the males, you would watch them come out and they go out, schtook Joan in the hall, and then pick up a palm frond and carry it back to the nest acting like that's where I've been.
SLOBOGIN: And penguins aren't the only ones. It turns out most animals are cheating on the side.
DAVID BARESH, ZOOLOGIST: I'd have to say a species that doesn't cheat is exceedingly rare.
SLOBOGIN: Zoologist, David Baresh, and his wife, psychiatrist Judith Lipton, have studied monogamy in the animal kingdom. You may be surprised by how little of it they found.
DAVID BARESH, ZOOLOGIST: I know of one species of animal that I can be fairly confident, in fact quite confident, is monogamous. And that is a flat worm that lives as a parasite in the intestines of fish.
SLOBOGIN: In fact, the desire to stray in both animals and humans may be deeply imprinted on our psyches. Part of the instinct to survive, says anthropologist Helen Fisher.
HELEN FISHER, ANTHROPOLOGIST: And what Darwin said was if you have four children and I have no children, you live on and I die out. So who breeds, who reproduces, who passes their genes to the next generation survives. Men seem to have a tendency to sleep around with a lot of different women, so that they can pass more of their genes into the next generation.
SLOBOGIN: And women?
FISHER: When a woman sleeps around, she can collect extra resources for the children that she has. So through millions of years of having genetic payoffs, through both men and women we evolved whatever it is in the male and female brain to be somewhat adulterous.
(END VIDEOTAPE)
COLLINS: True, everyone may be vulnerable to infidelity, but then again everyone should know better. If that's the case, why do so many risk it all to cheat? To find that out I talked a little bit earlier with two authorities on the subject, Helen Fisher an anthropologist from Rutgers University, and sex therapist and author Ian Kerner.
(BEGIN VIDEOTAPE)
COLLINS: Ian, Helen says that we have all sort of evolved to be adulterous. Is there any more to it than that or do you go with that statement?
IAN KERNER, SEX THERAPIST & AUTHOR: No, I don't believe that that's true at all. I mean where I probably would agree with Helen is that there are very potent sex chemicals in the beginning of a relationship that create the sparks, that cause us to become infatuated. And then as we move into a relationship nature has a funny way of pulling the rug out from under us, and those sort of adrenaline-based chemicals start to wane.
But -- and I think that, you know, once those sparks start to wane, rather than looking for them inside a marriage we start to look outside the marriage. But by no means do I think we are geared towards being adulterous.
I think that we're lazy and that we don't necessarily know how to keep the sparks flying in a relationship. But I believe that inherently we are actually monogamous creatures. And if you think about it, one out of two marriages end in divorce. And then two out of three remarriages end in divorce. And you can certainly say based on those statistics that we are an adulterous society. But I'd like to believe that we are a society who has our hearts in the right place, and we want to be monogamous.
COLLINS: Well Helen, then let me ask you. Not everybody cheats. I mean certainly there are relationships that work, but if you would profile for us the type of man who does cheat and what women should look out for?
FISHER: First of all, I want to say that I don't think that all people are adulterous. I do think that we inherited a tendency to be adulterous. We also inherited a tremendous tendency and the brain circuitry for pair bonding. I mean it's a hallmark of a human animal that we pair up. We've never found a gene for adultery. We have found a gene for pair bonding. And some people are going to vary off of that and have a tendency to be more adulterous than others. COLLINS: So who's the type of guy that does cheat, though?
FISHER: Well I mean, some men have a lot of opportunities. They are extremely good looking and women go for good looking men. Around the world there's a study of 37 societies. And everywhere in the world women are attracted to men who are extremely good looking, which is often a sign of high testosterone, and also probably of a very good immune system. So they're seeking, unconsciously seeking good genes.
COLLINS: But Ian already mentioned this sort of love potion, the brain chemistry that works or doesn't work with people. Do men just have more of that that makes them more active?
FISHER: Actually, Ian was talking about a brain scanning study that I did with my colleagues of -- we put 40 people who were madly in love into a functional MRI Brain scanner and we found that both men and women fall in love just as much. Men fall in love faster than women do. And men are more visual, which we all know. But women have to be more careful because they are going to raise that baby. So they are more careful about falling in love. But when those sparks begin to fly, as Ian says, then really a great deal of good judgment can go right out of the brain, and you can do all kinds of stupid things.
COLLINS: Well Ian, as a sex therapist, you actually say that you're seeing more and more women committing adultery now. So tell us what the woman -- what she's like and why she cheats, and then what men should look out for?
KERNER: In the very first episode of "Sex and the City," Carrie basically said in an age where women enjoy the same money as men, the same successes as men, why can't women enjoy sex like men?
CARRIE, SEX AND THE CITY: But I'll give you a call. Maybe we can do it again sometime?
KERNER: I think we are finding that today's woman is out there in the workforce. She's not as financially reliant on her partner. And you know, she's not going to settle for a lack of attention, a lack of intimacy or a sexless marriage at home. And she has both the confidence, the sense of empowerment and the resources to often make it happen. So in many ways women are just starting to have sex the way men have always had sex.
FISHER: Just as Ian was suggesting, that women are just as sexual as men. It's just plain different.
COLLINS: All right. Helen Fisher and Ian Kerner, thank you so much to the both of you tonight.
KERNER: My pleasure.
COLLINS: 360 next, how to catch a cheater. The warning signs you need to look for. Hear from a woman whose husband cheated on her.
Also tonight we're about 90 minutes away now from the Supreme Court decision. President Bush announces his pick for the Supreme Court. Tonight on 360, we're going to talk about what's at stake.
(COMMERCIAL BREAK)
COLLINS: If you suspect your significant other is cheating on you, we suggest you get pen and paper and a divorce attorney because my next guest can help prove it. Joining us now is Anthony Delorenzo, a private investigator from Allstate Investigations and author of this book, "28 Tell-Tale Signs of a Cheating Spouse".
And on the phone from New Jersey, one of his clients. A woman named Judy, who found out her husband was cheating on her after 11 years of marriage.
Tony, let's talk quickly about these top warning signs, so that everybody knows what to look for.
ANTHONY DELORENZO, PRIVATE INVESTIGATOR: Well, the first one is hiding the cell phone bill. If you have a lover and you check their cell phone bill, they would call each other at least one time a day. In a billing cycle that number could shows up 20, 30, 40 times -- easy to figure out who the lover is.
COLLINS: And then, working a lot of overtime?
DELORENZO: Working a lot of time. It's harder to go out, come home and say I'm going out again. You say, I'm work working overtime.
COLLINS: Yes. Receiving lots of hang-ups. Crank calls?
DELORENZO: It means two things. Say a man is having an affair, it could be the girlfriend calling, saying I love you, I miss you or she'll be calling sayinbg you better get your act together, because I know your number and you better treat me right because I'm going to tell your spouse.
COLLINS: Threatening.
DELORENZO: Correct.
COLLINS: Excessive use on the Internet.
DELORENZO: It means two different things. That's usually more for women. A lot of women today are getting into these chat rooms to meet people. Men and women cheat different. Women want to have an emotional affair, so they're in the chat rooms trying to meet someone, planning a relationship, talking to someone for a period of time. So, with women on the Internet today actually increased the detective agency business 10 to 15 percent.
COLLINS: Wow. Judy, tell us what were some of the signs that led you to believe that your husband was cheating. Any of these we just mentioned?
CALLER: Well, there was a lot of overtime, although my husband is in a business where he would often take clients out to dinner. So, I really had no way of knowing if that was true or not, although I would try to call him during the evening and it would go straight to voice mail.
Some of the other signs were, you know, he was always at the gym working out in his spare time. He never wore a wedding band, but you know, that could be a sign, also.
COLLINS: Yes, I've read that. And I know Tony has obviously helped you out with this. So, once you found out that it was true, how did you confront your husband? What was his reaction?
CALLER: Well, I always had a feeling and any time I questioned him he was very defensive, until I finally got the evidence that I needed. And I had called Allstate Investigations and they had done surveillance on him and found out that he was indeed having an affair with a co-worker.
COLLINS: How did he react when you confronted him?
CALLER: Well, I actually asked him to come clean with me initially, which he did not do. And most people won't do, I've come to see, until you give them, you know, evidence. And that's where, you know, the video surveillance came in handy, because you can't deny what you capture on video. And I had asked him about it.
COLLINS: Right.
CALLER: And he denied it for the last time and then...
COLLINS: So, Tony -- all right. Judy thanks for that. And Tony, obviously what she's saying is you guys had some video surveillance. You showed it to him and there it was. But there are a lot of people out there, I'm sure, who are wondering: This has got to be incredibly expensive.
DELORENZO: Well, it's not really -- the thing is that between $500 and $1,000, we can tell you yes or no, if someone is having an affair. But once we catch the person, they want to say: Well, how many times is this going on? How long is it going on? I'm going to get more proof. I'm going to get more video. Then it gets expensive, because then it could run into four or five times a week, two weeks at a time. Then it starts getting costly.
COLLINS: I understand you get about 300 calls a week.
DELORENZO: Yes.
COLLINS: About 95 percent of them are right when they call you and say they suspect.
DELORENZO: Because most of the time when it's coming to us, the spouse is always in denial: Can't be happening to me. Here's the person I married. Here's the person I have children with. It can't be happening to me. So, by the time it comes to us, it is six months to 12 months before they actually realize what's going on.
COLLINS: Tony Delorenzo, we appreciate you being here tonight. Thank you so much for that, I think. DELORENZO: My pleasure.
COLLINS: We are going to John King. We are getting the name of the Supreme Court nomination a little bit early tonight. We want to go straight to Washington, D.C., where John King is standing by to tell us what he knows.
John, what have you got?
JOHN KING, CNN CORRESPONDENT: Heidi, CNN has learned that the president's choice is Appellate Court Judge John Roberts. He sits on the D.C. Circuit Court of Appeals, which is considered the appeals court just below the United States Supreme Court. He is a familiar face to conservatives. They will be very happy with this appointment.
Judge Roberts will now be the president's choice the replace Sandra Day O'Connor. Senior officials telling us the president will make that announcement, as you know, at 9:00 tonight. You see there he is a former private attorney. He was also, at one point, a law clerk for then Associate Supreme Court Justice William Rehnquist. He also worked in the White House counsel's office, in Ronald Reagan's White House.
This is one of the names conservative groups have been suggesting would be a favorite for them since early on in this process.
There had been a lot of speculation the president might choose a woman, he might choose a Hispanic to replace the retiring Justice Sandra Day O'Connor. But CNN has learned that he will indeed name this man you are seeing on your screen, Judge John Roberts.
Relatively young: born in 1955 in Buffalo, New York. A veteran in Washington legal circles -- conservative Republican legal circles for some time now. Again, he is an Appellate Court judge. He's not unfamiliar to this president. He was -- his law firm that he worked for was involved in the president's fight back in 2000 to win the contested election.
Again, John G. Roberts -- he is now an Appellate Court judge. He will be introduced in the White House, a little more than an hour from now, as the president's choice to fill the vacancy on the Supreme Court.
That vacancy created by the resignation of Sandra Day O'Connor. Immediately, Heidi, as this battle unfolds, everyone will say that in John Roberts, you have someone who by his record so far, seems to be more conservative than Sandra Day O'Connor and will tilt the court a bit to the right. But he is also someone who has had bipartisan support in the past. So, it will be very interesting to see how the Democrats react to this one.
COLLINS: Yes. Obviously going to be a favorite for the conservatives, as you have said. But something I'm reading here, John -- if you can comment on it, that Roberts did help write a brief that stated, "we continue to believe that Roe was wrongly decided and should be overruled." Obviously going to be an issue. KING: Of course it's going to be an issue. Abortion, one of the many hot-button issues that will come up. Most believe Sandra Day O'Connor's resignation in and of itself, does not create the possibility to overturn Roe. There are still five votes even with Justice O'Connor stepping off the court. But that certainly is one of the issues. And there is a case on the docket this fall that is not a challenge to Roe itself, but it is an abortion restrictions case out of the state of New Hampshire -- parental notification, parental consent issues at stake in that case.
So, certainly abortion is one of the issues. Gay marriage is another issue that will be contentious in the coming nomination battle. We will have here a number of other issues as well. So, it'll be quite interesting.
He is one of the justices, as you note, one of the contenders, who is on the record when it comes to the abortion issue. That will be a key lightning rod -- a key issue in the hearings themselves, although one thing the White House has made clear, they believe that now that a person is a nominee -- once a person is a nominee for the Supreme Court, that it is inappropriate to ask them how they would vote on a specific case.
They certainly can go back through the record -- and you have some of it in front of you. But the White House will say it is out of bounds to say, Judge Roberts, how would you note next month or next fall or next year if you had Roe v. Wade before you again?
So, they will look at the record. That gives them, obviously, perspective that this is a conservative justice. But, it will be very interesting to see because, again, yes, most Democrats will disagree with him on that one issue, but he has had bipartisan support in the past. An interesting test, not only for the president in making this his first and a very important Supreme Court nomination, but a test for the Democrats and the partisan mood here in Washington, as well, Heidi.
COLLINS: Right. And they've been saying it for quite some time ever since it all began. John, thanks. No litmus test. Jeffrey Toobin joining us once again. So, we have a name that we have not really heard much about today, anyway, John G. Roberts.
TOOBIN: He's been on the lists all along. He is an intellectual heavyweight. There's no doubt about it. He's one of the most accomplished Supreme Court advocates of his generation. That is, by the way, a rather young generation as Supreme Court justices go. He's only 50 years old and he has a very limited record as an appeals court judge.
He has not been on the appeals court in the D.C. Circuit for very long. The Democrats won't have a lot to shoot at, as it were, in terms of his record as a judge.
And he is likely to be a very good witness in his own behalf, because this is a very smart guy and he is used to the intellectual byplay of arguing before the Supreme Court. It's not the same thing as sparring with the Senate Judiciary Committee, but it calls on some of the same skills and Roberts should be very well suited for that task.
COLLINS: This will tip the tables, though, if you will. Sandra Day O'Connor being a moderate, as we have all discussed. It was, you know, someone right down the middle. Now we're talking about a different number. What does that mean when we're talking about these cases that will be decided for this country?
TOOBIN: Well, the first thing we have to learn is what does John Roberts stand for? You know, he has not -- he does not have a public profile. He's not Robert Bork, who has spoken out on all the great issues of the day. Yes, when he was working in the solicitor general's office in the Bush administration, he signed a brief that said Roe v. Wade should be overturned, but we don't know if he personally believes that.
COLLINS: All right. Jeff, stay with us. We're going to talk more about this after we take a quick commercial break.
We're also going to update you on the latest with Hurricane Emily. Stay right here on 360, everybody.
(COMMERCIAL BREAK)
COLLINS: Ladies and gentlemen, we do have a name to tell you about that we are hearing from our sources in Washington. Fifty-year- old John G. Roberts will apparently replace the vacancy in the Supreme Court for Sandra Day O'Connor.
Graduated from Harvard Law School. He clerked for Judge Henry Friendly, as well as Chief Justice William Rehnquist. We know, of course, we have been hearing about his name as well lately. Right now, though, he's a judge on the U.S. Court of Appeals for the D.C. Circuit. Was appointed there two years ago, in 2003.
Want to get to Ed Henry. He's standing by on Capitol Hill to tell us about reaction from there. Hi, Ed.
ED HENRY, CNN CONGRESSIONAL CORRESPONDENT: Good evening, Heidi. That's right, obviously, this will be a major confirmation fight within the Senate itself. That's where the official fight takes place, but there will also be a battle among the groups on both sides of the aisle.
First out of the chute tonight, a key conservative group leader Brian McCabe from Progress for America has just put out a statement telling CNN that he believes this is a fantastic nomination, because John Roberts is a former clerk to William Rehnquist, the chief justice, and has an impeccable reputation. In the words of Brian McCabe, he says -- quote -- "Judge Roberts is a terrific nominee to the Supreme Court. Judge Roberts is a man of great character, who deserves genuine consideration, not automatic attacks and partisan indignation."
That's an immediate reference to the fact that conservatives have been claiming for weeks that liberal groups are going to start attacking this nominee, regardless of who it is. They are immediately going to try to pounce, define John Roberts as, in the Democrats' words, an out-of-the-mainstream conservative.
And conservatives have been predicting that Democrats would do that regardless of who the pick would be. So conservatives are now trying to get out and try to define John Roberts as someone who they think is just right for the balance on this court.
Coming out of the last election, as you have been hearing from John King, especially since this is a Sandra Day O'Connor seat on the court, conservatives very eager to make sure that the balance tips to the right. They think since this is a swing seat, this is a great opportunity for them. They think John Roberts is the right candidate for that.
Heidi.
COLLINS: All right, Ed Henry, thanks for that.
John King, back now with you. Sandra Day O'Connor, female. Roberts, obviously not.
KING: No. And Heidi, the president will say not in his statement tonight, but he will say when asked later about this that he did consider female candidates, and that diversity is important to him, but that most important was putting someone who he believes has the right conservative philosophy on the court. And the White House believes it has that man in 50-year-old John Roberts, a very young man. The president clearly thinking about his legacy here, putting someone on the court who could serve for some 20, 30 years or more.
Only an appellate judge for two years. So in terms of decisions as a judge, not that long of a paper trail for the Democrats to go through. A man who has had bipartisan support in Washington. So the president clearly thinking about his legacy, clearly proving once again, all this talk on so many issues during the Bush presidency, will he tack to the middle, will he go for a moderate on this particular issue -- once again, the president has picked a conservative. That has been true since day one of the Bush administration.
We should also note, Mr. Roberts' law firm, Hogan & Hartson, had a big part of Mr. Bush's legal fight in the recount back in election year 2000. So the president rewarding someone who was involved with him politically a long time ago.
Mr. Bush will introduce him today, saying he believes he's the right man. And the White House tells us privately already they understand the fight to come, because even they are describing Judge Roberts as someone who will tip the court more to the right, now that he would if he is confirmed, and that battle is still ahead. But if he's confirmed, the White House acknowledging, yes, he is more conservative, at least they believe so, than Sandra Day O'Connor. Although, Heidi, as we've discussed in recent weeks, sometimes presidents are surprised once their picks get on the court. they don't think that will be the case in this case.
COLLINS: Yeah, we never really, really know. All right. John King, thank you.
CNN senior legal analyst Jeffrey Toobin joining us one more time. You get the last word. Confirmation needs to happen semi-quickly. The term starts in October.
TOOBIN: He's a candidate who will likely wear well under that process. You know, in 1992, the first President Bush nominated him to the D.C. Circuit, and in a bitter disappointment he was -- he was never acted on. His nomination was never acted on by the Democratic Senate. He -- things have worked out OK for John Roberts. He wound up being nominated by the second President Bush, took his seat on that very court in 2003. Now he's a nominee for the highest court in the land, and he's going to be a strong candidate.
COLLINS: Are you surprised by this?
TOOBIN: You know, not terribly surprised. You know, we had so many names floating around today, but John Roberts has always been on the list. Very accomplished. Very little bit of a paper trail. I think of what a conservative I know said to me who knows John Roberts well when I was asking about him, he said, he's 100 percenter. In other words, he's 100 percent conservative. But it will be very difficult for the Democrats to define him in some extreme way, because there's no paper trail, there is no documentation that will support that theory.
COLLINS: The president has always said, though, that really, all he wanted to do was to find someone who would faithfully interpret the Constitution.
TOOBIN: And that is what he will do, according to those lights. I mean, you know, the liberals think they are faithfully executing -- interpreting the Constitution, too. There's a lot of play in the joints here, and it all depends on who is doing the interpreting.
COLLINS: The main issue is going to come down to what?
TOOBIN: Abortion. I think this, as always with the Supreme Court, Roe v. Wade will be the central subject of discussion in the confirmation hearings. It's very likely there will be a lot of questioning of John Roberts about this brief he signed when he was in the solicitor general's office, saying Roe v. Wade should be overturned.
He was representing a client at that point. The client was the first President Bush, who wanted Roe v. Wade overturned. The question will be, how much was John Roberts expressing his own views or just his client's?
COLLINS: Right, and of course, this is an issue that is on the docket, the first major abortion battle in five years.
TOOBIN: There will be a parental notification case out of New Hampshire. It doesn't squarely take on Roe v. Wade, but it will surely be a clue which way Justice Roberts, if he becomes Justice Roberts, is going. And it's very likely we'll be hearing from him on the court come the fall.
COLLINS: Are you having fun, Jeff Toobin?
TOOBIN: You know, this is what we live for in the legal analyst biz, so yeah.
COLLINS: All right, Jeffrey Toobin, thanks so much. We know that you will be around tonight. TOOBIN: Absolutely.
COLLINS: Also, want to hit this before we let you go. Our other top story tonight, Hurricane Emily now a category 3 storm, with 125 mile-per-hour winds. It's in the Gulf of Mexico, moving closer to land, though. Hurricane warnings are posted from La Cruz, Mexico, to Port Mansfield, Texas. It is expected to hit land early tomorrow morning. Texas may skirt a direct hit, but it will likely face strong wind and rain.
Stay with CNN for the very latest. Remember, we are your hurricane headquarters, your Supreme Court headquarters. We're just your big headquarters.
I'm Heidi Collins, everybody, in for Anderson Cooper. Join us again at 11:00 p.m. Eastern, live, for a special edition of 360, on President Bush's pick for the Supreme Court, John G. Roberts. CNN primetime coverage continues now with Paula Zahn. Hi, Paula.
PAULA ZAHN, HOST, "PAULA ZAHN NOW": Hi, Heidi. Thanks so much.
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