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Obama Choices Rahm Emmanuel as Chief of Staff; Tough Job Ahead for Obama; Opponents of Gay Marriage Ban Fight Back; Obama to Meet with Bush Next Week

Aired November 06, 2008 - 13:00   ET

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

TONY HARRIS, CNN ANCHOR: That's all our time. CNN NEWSROOM continues right now with this lady, Kyra Phillips. Rock on, lady.
KYRA PHILLIPS, HOST: Here we go.

HARRIS: Yes, yes.

(BEGIN VIDEOTAPE)

PHILLIPS (voice-over): He's got the job. Now Barack Obama has to fill dozens of others, and fast. A private process that could become a lot more public as soon as today.

SEN. BARACK OBAMA (D-IL), PRESIDENT-ELECT: Those who would tear the world down, we will defeat you. To those who seek peace and security, we support you.

PHILLIPS: Obama's message to the world. The world responds with excitement, elation, and great expectations. Can the new leader deliver?

UNIDENTIFIED MALE: Equal rights! Equal rights! Equal rights!

UNIDENTIFIED MALE: Equal rights! Equal rights! Equal rights!

UNIDENTIFIED MALE: Equal rights! Equal rights! Equal rights!

PHILLIPS: The voice of the people, just not the people who passed a ban on same-sex marriage. Will the California courts get the final word?

(END VIDEOTAPE)

PHILLIPS: And hello, everyone. I'm Kyra Phillips, live at CNN world headquarters in Atlanta. You're live in the CNN NEWSROOM.

Let's get right to it this hour. We begin with breaking news from the transition beat. Illinois Congressman Rahm Emmanuel is taking the job of White House chief of staff under incoming President Barack Obama.

Here's what we know. Emmanuel's been on the leadership track in Congress. He was hinting that he wasn't exactly eager to go back to the White House pressure cooker, but the president-elect, as we've seen, is a pretty persuasive guy. We're also hearing longtime Obama press aide, Robert Gibbs, is likely to be his White House press secretary.

Another main focus of the presidential transition team is national security. Today begins Obama's top level, top secret intelligence briefings, the same ones prepared for President Bush.

Speaking of whom, Mr. Bush announced late this morning that he and his successor will meet in person early next week.

Well, the incoming president seems determined not to do what President Clinton did in 1993: wait until almost the last minute to fill or announce his top appointments. We're hearing them. As you can see, CNN's Jessica Yellin watching the transition to power in Chicago.

Jessica, what does Obama's choice of Rahm Emmanuel say about the direction that he wants to go?

JESSICA YELLIN, CNN CORRESPONDENT: It says, Kyra, that he learned something from the Bill Clinton transition, and frankly, the Bush transition, because first of all, Rahm Emmanuel was there when Clinton was in the White House, and he knows what a rough start looks like, and he knows how to steer the White House successfully when -- with some experience, because he was there for so many years.

Rahm Emmanuel is a man with a very diverse history. He has been in the White House with Bill Clinton. He became an investment banker. At one point he was a ballerina. He also came back to -- to Illinois, his home city of Chicago, ran for office, and became a congressman and had a meteoric rise to become one of the leaders in the Democratic Congress, and is largely credited with steering the re-election of so many Democrats, through the DCCC, that he's credited with getting Congress back in Democratic hands. So many people owe him a debt of gratitude for their offices.

So what Rahm Emmanuel is able to do -- this is the thinking -- is rein in some of the congressional Democrats. If there is liberals on the far left, he can bring them back to the center. If there are people who are dissatisfied, he knows how to strong arm and cajole them into getting on board an agenda.

And although there's a lot of talk today that he is a partisan, which no doubt he is, he's also a guy who was instrumental in steering the Clinton White House during years when Congress was run by Republicans, when the House was Republican controlled. So he also does know how to work with Republicans.

Bottom line, this is a guy who gets things done. And it shows that Obama does not want to dilly dally. He wants to take action quickly -- Kyra.

PHILLIPS: Yes, I heard his nickname is Rahmbo because he does like to get things done. I don't know if you've heard that little tidbit yet, but that came across from some of the stuff that we were reading, Jessica. Well, let's talk about the president-elect. Has he planned a news conference any time soon? Are we getting word?

YELLIN: Yes. I've been told by a top transition aide that Barack Obama will be holding a news conference tomorrow. This doesn't come exactly as a surprise. He promised to hold one. And you know, it will both be an opportunity for him to announce some of these people, or explain why he's chosen them, and lay out some of his top priorities.

We expect him to begin already outlining his agenda pretty quickly, because again, facing these economic times and these economic times and the international pressures, he wants to hit the ground running.

PHILLIPS: All right. Jessica Yellin, appreciate it. Thanks so much.

Well, if you want a -- if you have a rough idea of how many jobs an incoming president has to fill, well, I hope that you saw President Bush's remarks. Just a little while ago just outside the White House the president gathered his cabinet and hundreds of aides and employees to reflect on the election and the huge job awaiting the president- elect. Take a listen.

(BEGIN VIDEO CLIP)

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: We face economic challenges that will not pause to let a new president settle in. It will also be America's first wartime presidential transition in four decades. We're in a struggle against violent extremists determined to attack us. And they would like nothing more than to exploit this period of change to harm the American people.

(END VIDEO CLIP)

PHILLIPS: Mr. Bush says that a smooth transition is a top priority of what's left of his time in office.

Now, as the president said, the challenges awaiting Barack Obama are huge, from wars to recession, to reforms here at home. Our Candy Crowley offers some perspective on how he got there or how he got here, rather, and how far he has come and how difficult the days are ahead.

(BEGIN VIDEOTAPE)

CANDY CROWLEY, CNN CORRESPONDENT (voice-over): He was born when much of the country was still segregated, son of a white woman and a black man. And there he stood, the next president of the United States.

OBAMA: If there is anyone out there who still doubts that America is a place where all things are possible, who still wonders if the dream of our founders is a live in our time, who still questions the power of our democracy, tonight is your answer. CROWLEY: It was awesome: a moment captured most powerfully in the silence of those who remember when. He was different in word and demeanor: no longer a candidate, a president-elect, about to take on the weight of the world.

OBAMA: From parliaments and palaces, and those who are huddled around radios in the forgotten corners of the world, our stories are singular but our destiny is shared. The new dawn of American leadership is at hand.

To those -- to those who would tear the world down, we will defeat you.

CROWLEY: Now it gets real. The man who daily brought out tens of thousands of people to hear him talk was silent Wednesday. A brief wave, but all the rest behind closed doors.

Then he has to stand up and deliver. A war in Iraq he wants to stop. A war in Afghanistan he wants to reinforce, a huge budget deficit and all those hopes he raised.

UNIDENTIFIED FEMALE: I think he can start those wheels moving to where we can get to where our troops are home.

UNIDENTIFIED MALE: I would like to see the health-care reform really happen.

UNIDENTIFIED MALE: The biggest thing that's important to me is probably the economic situation.

CROWLEY: There is no bigger burden than great expectations. Obama tried for perspective, in cadence and words reminiscent of Martin Luther King.

OBAMA: The road ahead will be long. Our climb will be steep. We may not get there in one year or even in one term, but America, I have never been more hopeful than I am tonight that we will get there. I promise you. We, as a people, will get there.

CROWLEY: The candidate who said he ran because of the fierce urgency of now needs time. Given the depth and breadth of his win, he's likely to get it.

CNN, Candy Crowley, Chicago.

(END VIDEOTAPE)

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Equal rights! Equal rights! Equal rights!

UNIDENTIFIED MALE: Equal rights! Equal rights! Equal rights!

UNIDENTIFIED MALE: Equal rights! Equal rights! Equal rights!

(END VIDEO CLIP) PHILLIPS: Well, this was the scene last night in California outside the CNN bureau in Los Angeles. Those protesters were angry that state voters on Tuesday approved a constitutional ban on same-sex marriage.

Our Thelma Gutierrez says that opponents of the ban are not giving up either.

Hey, Thelma.

THELMA GUTIERREZ, CNN CORRESPONDENT: Hey, Kyra, you're absolutely right. They are not giving up. In fact, opponents have already filed paperwork with the California Supreme Court calling for an injunction, and one of those groups is the ACLU.

Now, also, the Los Angeles County registrar's office has announced that they will not issue any more same-sex marriage licenses. However, in San Francisco, the mayor has said that he will continue until he's sued to stop.

Well, all of that, Kyra, caused emotional demonstrations in several cities last night: in Sacramento, in San Francisco, and in Los Angeles. Right here in Hollywood, 1,000 people gathered. That's according to Los Angeles police. They took to the streets of Hollywood. They closed down certain intersections.

When you look at some of the aerial shots from above, you could tell that there was this crush of people right in the street. They were blocking traffic. Some drivers said they weren't able to get out of their cars even.

IReporter Matt Hartman, who was in the crowd, he shot some video of marchers who were chanting and carrying signs. And things at one point got a little bit tense when one of the protesters jumped on top of a patrol car and started jumping up and down. Other protesters broke a skirmish line, and then police had to pull out their batons and break it all up.

But all in all, things started to quiet down.

Now, right out here in front of the CNN Los Angeles bureau, right on Sunset Boulevard, about 500 people gathered, and they actually pressed up against the glass doors. They started pounding on those glass doors. We're not sure if they wanted to come in. But about an hour later, they started to just disband. They quietly went away, and police said that things were rather quiet. They did take four people into custody, but they're very, very thankful that there were no injuries. After you look at some of that video, you can see why -- Kyra.

PHILLIPS: Thelma Gutierrez, live from Los Angeles. Thanks, Thelma.

Seventy-five days before Barack Obama takes offices. So how should he proceed with his transition to power? We're going to talk live with a presidential historian. And from the streets of Chicago to the villages of Kenya, Obama's election launched celebrations around the world. We'll have a live report on what the world expects from the new American president.

(COMMERCIAL BREAK)

PHILLIPS: And the transition of power is already beginning for Barack Obama as he starts to meet with a number of officials today. He has begun meeting in private meetings with those involved with the national security. We're being told that he just entered the FBI headquarters in Chicago, Illinois.

So we're following what he's doing today and, of course, the next 70-plus days as he makes that official transition.

Now, there's no shortage of challenges awaiting Barack Obama. We know that. At home and abroad. Our State Department correspondent, Zain Verjee, reports that the international community is waiting to see how the president-elect tackles everything from climate change to terrorism.

(BEGIN VIDEOTAPE)

OBAMA: The new dawn of American leadership is at hand.

ZAIN VERJEE, CNN CORRESPONDENT (voice-over): The president-elect set the bar high.

OBAMA: To those who would tear the world down, we will defeat you. To those who seek peace and security, we support you.

VERJEE: The world shared in America's historic moment, but now has great expectations. Nicholas Burns is a former undersecretary of state.

NICHOLAS BURNS, FORMER UNDERSECRETARY OF STATE: We have to be engaged. We have to kind of win back the confidence of some people around the world who have lost confidence, clearly, in American leadership.

VERJEE: The world wants the U.S. to fix the global financial crisis and for Barack Obama to deliver on campaign pledges, to withdraw from Iraq, to confront terrorists in Afghanistan and Pakistan and to fight global warming.

BURNS: I fear that perhaps the international expectations of what can realistically be accomplished will be too high.

VERJEE: As he rides a wave of global goodwill, the president- elect will have to reduce those expectations and prioritize.

Already Russia's President Medvedev has greeted the Obama election by blasting the U.S. on the Georgia conflict, blaming it for the financial crisis, and threatening to deploy Russian missiles against the U.S. missile defense shield. Candidate's Obama promised to make Mideast peace a priority on day one. Israelis and Palestinians are looking to the U.S. to lead them out of the deadlock.

(END VIDEOTAPE)

PHILLIPS: Zain Verjee joining me now, live from New York. Zain, what are Africa's expectations?

VERJEE: Africa's expectations, Kyra, are huge. I mean, there are many people that say now that Barack Obama has been elected president of the United States, they think their lives will get better. They'll have better schools and better roads.

And there are many, though, in the elite community, across Africa, that say that that's not going to be the case, that they don't have unrealistic expectations. They say the U.S. is grappling with a financial crisis. Barack Obama they expect to try and help lead the world out of the financial meltdown.

So the expectations aren't that high, but there are some intangibles, you know. There is a huge amount of pride. This is very inspiring for Africans all across the continent.

One thing just to point out, that they say that President Bush was very successful in one area when it came to Africa, and that was with programs on HIV/AIDS and malaria. And they say they hope that a President Obama will be able to build on that -- Kyra.

PHILLIPS: Well, what about Europe? What does Europe expect?

VERJEE: I spoke to a former State Department official who said that traveling through Europe, expectations, he described as stratospheric.

PHILLIPS: Yes.

VERJEE: They are -- they're really huge. And essentially, he says that the Europeans may be in for a rude surprise, because a President Obama might say you know what? Getting troops into Afghanistan, more troops, put them into dangerous areas where the American troops are fighting at.

And also the attitude that expectations on climate change, and what a President Obama will do about that is really high, and that they're going to judge him on that. There's an international conference in Copenhagen, and that's going to be a moment of truth for them.

PHILLIPS: Zain Verjee, good to see you.

VERJEE: You, too, Kyra.

PHILLIPS: All right. We're just getting word in now from Oregon. U.S. Senator Gordon Smith of Oregon has conceded defeat to Democratic challenger Jeff Merkley in his re-election -- re-election bid. We're being told that Smith personally called Merkley to concede the race.

With 100 percent of the counties reporting now, Merkley received 48.4 percent of the vote to Smith's 46 percent. As you know now, Smith's defeat means that Democrats now hold 57 seats in the Senate. The outcomes of three races now remain unclear.

We are following Alaska, Minnesota and Georgia. Once again, U.S. Senator Gordon Smith of Oregon conceding defeat to his Democratic challenger, Jeff Merkley.

Well, it wasn't just the race for the White House. Several ballot initiatives made big news on Tuesday. We'll assess the outcomes of same-sex marriage and affirmative action.

And pastor to the people. Pastor to the president. Now Billy Graham prepares for another milestone in a life paved with them.

(COMMERCIAL BREAK)

PHILLIPS: It is going to be a busy, busy couple of weeks, no doubt four years for new president of the United States, Barack Obama, already meeting with members of -- involved with national security. He went to Chicago today. We're told he just entered the doors into the FBI, office of the FBI there in Chicago.

Now we're getting word from the White House, Elaine Quijano, that he will be heading to meet with President Bush next week?

ELAINE QUIJANO, CNN CORRESPONDENT: That's right. So you will have the outgoing first couple meeting with the incoming first couple. This just in to us from Dana Perino, the White House press secretary, saying Monday afternoon, President Bush and Mrs. Bush look forward to welcoming President-elect and Mrs. Obama to the White House. The Bushes will greet the Obamas, and then President Bush will visit with the president-elect in the Oval Office.

We also understand that Mrs. Bush and Mrs. Obama will meet and tour the private residence.

As for the Obama children, they will not be on this visit. But again, Kyra, this word just coming to us that, in fact, President- elect Barack Obama and his wife will be coming here to the White House on Monday afternoon -- Kyra.

PHILLIPS: OK. And we'll be following. That's for sure. Elaine Quijano, thank you so much.

Now, something else happening that we just broke to you a short time ago, the president naming representative Rahm Emmanuel as his chief of staff. Don Lemon actually outside of his office there in Chicago, Illinois.

He came out and made a statement, Don?

DON LEMON, CNN ANCHOR: Yes, he did come out Kyra, just a short time ago. He didn't come out and make out -- he didn't come out to actually make a statement. He came out to go to lunch.

He walked out of his office just a short time ago in -- in the neighborhood in Ravenswood neighborhood in Chicago. Of course, we know Rahm Emmanuel, he's the Fifth District of Illinois Congressman here. He walked out of his office with someone in his staff and he said, "Hey, listen, Don," and other local media who he recognizes from there, and he said, "It's not a big statement. All I have to say is I am going now to have lunch with my wife." His wife, Amy, who also greeted one of my co-workers this morning in a bathrobe saying, "Oh, my gosh. Everybody's been at my house. And you guys keep knocking on the door, but you know, he's not here. And I'm not sure where he is. Go check his office."

So over here at his office he said that, and then he walked away from the camera. And I said to him, "This has to be exciting for you to be the chief of staff, to be named the chief of staff." And he stopped and he looked at me and he said, "Yes, Don. I will say this. Everybody stop. I will say this on camera for you now until and I'll leave you with this until I have the press conference tomorrow."

And tears started welling up in his eyes, Kyra, and he said, "I am happy that my parents are still alive to see their middle son become the chief of staff for an historic figure in the White House, the first African-American president. I'm happy that they're alive to see that, and it means a lot to me." And he started to cry and then walked away from the cameras to go have lunch with his wife.

PHILLIPS: It's got to be a pretty emotional day. Just imagine being tapped.

LEMON: Very emotional.

PHILLIPS: At the age of 46, being tapped chief of staff for the president of the United States, a historic presidency.

LEMON: And Kyra, you know, I have to say this. Because there's a very interesting thing about this, is that whoever replaces Rahm Emmanuel, there's going to have to be a special election. And whoever replaces Barack Obama is going to have to be appointed by the governor. Governor Rod Blagojevich has some really tough choices to make. Not only does he have to schedule a special election in the district that was once his. Rahm Emmanuel's district was Rod Blagojevich's district, but he also has to choose who is going to take over for Barack Obama.

And in the community here, inside of Illinois, people here really want -- an African-American person to take over, because they want diversity in the Senate. And the governor has more than African- Americans, so it's very interesting to see if he is, who he's going to pick. He gets to decide if the Senate is diverse in the future. Of course, you know, Barack Obama, the only African-American member of the Senate.

So Governor Rod Blagojevich is really -- really has a tough decision and an interesting decision that not many people have picked up on, Kyra. PHILLIPS: All right. Don Lemon there, live for us from Chicago. Don, thanks so much.

And you know, presidential transitions are unique to America. Plans for an orderly and peaceful transfer of power actually start before the elections, but they don't really get serious until after the votes are counted. So what's ahead for Barack Obama?

Historian Douglas Brinkley of Rice University joins me now.

And Doug, just -- I wanted to -- I've got a number of questions, obviously, for you. But just, you know, the news here about Rahm Emmanuel being named chief of staff. Just looking through -- obviously I'm reading up on a lot of his background. You know, a guy that's called Rambo because he's -- or Rahmbo, rather, because he's apparently a real pit bull politician, but also a ballet dancer. I just -- how do those all mix? This guy is an interesting character.

DOUGLAS BRINKLEY, HISTORIAN, RICE UNIVERSITY: He's a very interesting character, and I think he's the absolute right pick. I mean, it was -- it was a horse race between Tom Daschle and himself. I think Daschle may go on to be something of a health czar, somebody who can get universal health care through, which is, get the Obama health plan through.

Rahm Emmanuel is a bad cop. And that's exactly what you need at this moment, I think, for a White House chief of staff, because Obama is, as his opposition call him, a celebrity president. Everybody wants to meet Obama, touch Obama, and he needs somebody that's going to run that office with a lot of discipline. He's shown great party discipline in the Democratic Party, and one makes the assumption that he will show White House discipline and make sure that Obama isn't being pulled in too many directions at one time.

PHILLIPS: I love this quote: "He's a killer strategist and nonstop fund-raiser with a style one ally likens to a toothache."

BRINKLEY: That's -- well, and you know, he doesn't mind saying no. Washington is full of a lot of yes people. And he's a no man. And it allows Obama to be the -- whenever you get in a room with him, to be generous and gracious, as he is by nature, because Rahm Emmanuel will be standing outside the door as a watchdog saying, "Get out of here. No. We don't have time for that. The answer's no."

And so I think it's a good first appointment, and it's important that it's done very quickly, like it was.

PHILLIPS: All right. Let's talk about the transition that's going to happen from a Republican administration to a Democrat now. You know, looking back in history, what are the challenges in a switch like this when you're going to a different party, or is it the same as any new president coming in?

BRINKLEY: Well, first off, remember, everybody's talking about how bad the depression is right now, and we've been hearing a lot about 1932 with FDR coming in. But when Franklin Roosevelt won in November 1932, he wasn't inaugurated until March of 1933. There used to be that long a transition period. Well, we've now moved it to January.

Well, this year I think the transition begins today with Rahm Emmanuel. There's -- it's -- we're dealing with a lame duck President Bush. And we're dealing with an economic meltdown. The stock market tumbled even yesterday terribly. We're dealing with two wars. So everything Obama does now, it's going to be seen as a de facto, that he's the de facto president.

There's -- each year, presidential election year, the transition goes different ways. In recent years, when Bill Clinton came in, in '92 it was a disaster. He worked on his cabinet appointments but didn't develop White House staff quickly. A lot of things fell through.

Bill Clinton picked Zoe Baird as attorney general. He couldn't get her passed. It was a bad start for Bill Clinton.

So it depends on the presidents. Other presidential transitions go very smoothly. Dwight Eisenhower and John F. Kennedy. That was a Republican -- popular Republican turning it over to a Democrat, but the old war general and the young lieutenant of World War II, they got along fabulously on -- during the transition and during inaugural day.

PHILLIPS: You know, you bring up a good point about the wars. I mean, the last war that was inherited was Vietnam. Right? So now you have a new president that's inheriting two wars: Iraq and Afghanistan.

BRINKLEY: You want to create a semblance of seamlessness. On the other hand, this was a Democratic mandate victory. Really, the most significant since 1964 for the Democrats. So a lot of partisanship. A lot of Democrats want in the game. Everybody wants to be part of an Obama administration. And Obama is the leader of this new Democratic Party.

On the other hand, and particularly the foreign affairs realm, we can't feel a clear, clean departure. I think you will see at the secretary of defense ship, either Secretary Gates staying on or a Republican like Chuck Hagel coming in. I think you want to show some continuity in our policy in Iraq and Afghanistan, even though there are going to be some changes coming up in the coming year.

PHILLIPS: Doug Brinkley, always good to see you.

BRINKLEY: Nice to see you.

PHILLIPS: It wasn't just the race for the White House. Several ballot initiatives made big news on Tuesday. We'll assess the outcomes on same-sex marriage and affirmative action.

(COMMERCIAL BREAK)

PHILLIPS: 1:32 Eastern time. Here are some of the stories we're working on in the CNN NEWSROOM. Congressman Rahm Emanuel will be Barack Obama's White House Chief of Staff. And it's a good bet that Robert Gibbs will be his press secretary. We should know a lot more about the transition tomorrow, when Obama holds his first news conference as President-elect. The Obamas will visit the White House on Monday.

And kudos for Obama, coming from all corners of the world, including Tehran. Iran's president, Mahmoud Ahmadinejad, posted a congratulatory message on his web site. He said, he expects changes in Washington's foreign policies now.

And Secretary of State Condoleezza Rice is back in the Middle East, on another peace mission. Rice says that it's important to maintain momentum so new government and Israel and the U.S. have a foundation to continue talks.

The big three automakers are heading to Capitol Hill today. Will the struggling companies get the money that they say they need? Stephanie Elam at the New York Stock Exchange with all the details and a look at the sell-off on Wall Street.

Hey, Steph.

STEPHANIE ELAM, CNN CORRESPONDENT: Hi, Kyra.

Yes. Auto stocks taking a beating today, and so is the broader market, thanks to terrible retail sales and job numbers. Ford shares, they're down seven percent. GM, off 10 percent. And that's pulling the Dow Jones Industrials down. Off right now, 405 points at 8,733. The NASDAQ following suit off close to four percent, as well at 1,616.

Now, the sell-off comes just hours before the heads of GM, Ford, Chrysler and the United Auto Workers Union are set to meet with House Speaker Nancy Pelosi. The topic of conversation is said to be federal funding. Analysts say that without a cash injection, more job cutting to could be on the horizon. Tomorrow GM and Ford are both expected to post billions of dollars in quarterly losses.

So, we'll be keeping our eyes on that. Kyra, back to you.

PHILLIPS: Sounds good. Stephanie, thanks so much.

Well, Nebraska and Colorado tackled both on affirmative action Tuesday. While Florida, Arizona and California all approved legal bans of same-sex marriage.

In California, the vote is provoking strong emotions. Take a look at this protest this morning, outside our bureau in Los Angeles. Joining us to talk about it is CNN legal analyst Sunny Hostin.

Sunny, let's just start with California's Prop 8. What does this measure defining marriage as being between a man and a woman mean for gay couples in California, planning weddings right now?

SUNNY HOSTIN, CNN LEGAL ANALYST: Well, right now it really means for those couples they will not be getting married anytime soon. The ban was very, very clear. It really amended the constitution. It revised the constitution as some would say, to say that marriage -- a marital union is only between a man and a woman.

And there is no question I think, in my mind at this time, that a same-sex couple cannot get married today in California. Especially because when you look at the language, Kyra, of that proposition, it says that it is too starch in its application, immediately after the vote on the ballots.

PHILLIPS: All right. So, what does it mean for thousands of gay couples in California who are already married? Like, we we're seeing video right there of Ellen DeGeneres and Portia de Rossi.

You know, are they still legally wed?

HOSTIN: You know, it's interesting Kyra. I think they are really in a legal limbo, legal black hole. I've been speaking to legal scholars about this all the time, all day, rather. I've also been speaking to a couple of law professors and everyone disagrees.

On one side, some people, they're saying, listen, when you look at language again of the proposition, it's very clear that not only is marriage only now in California between a man and woman, but it also is retroactive, which means it nullifies all marriages.

On the other hand, there are several legal scholars that are saying, this is is a fundamental right that was given to approximately 18,000 couples. There is no way that that right can just be given away. Especially because when people get married, there are a lot of decisions made based upon that marriage. Whether or not to adopt children to have children, to buy property. To have health insurance. All of those decisions are based on the fact that there is a legal marriage.

And so I think the short answer to your question is, it is really unclear as to where Ellen and Portia really stand right now.

PHILLIPS: Wow. All right. We're on the Prop beat here. Let's go over to Nebraska. Voters there voted on a initiative known as the Civil Rights Initiative. And it ended up outlying affirmative action. Now, some critics are saying that the wording may have confused voters.

So, how exactly was it worded?

HOSTIN: You know, take a look. I believe we have the wording right here. And it was really very interesting. It was deemed the Civil Rights Initiative.

And it would basically was the state shall not discriminate against, or grant preferential treatment to any individual or group on the basis of race. And a lot of voters are now saying that they really misunderstood that to support affirmative action as opposed to abolishing affirmative action.

We also know, Kyra, that there is a legal challenge pending. There are some allegations of petition fraud, meaning that when a ballot gets put, an initiative gets put on the ballot, you really have to have petitions and signed petitions. And there's a legal challenge now saying that really, those petitions were not done correctly. And if that is true, that could certainly invalidate Tuesday's results.

But, right now in Nebraska, cities in Nebraska, universities, certain other groups, cannot consider race, gender, in terms of hiring decisions in any way, shape or form. And so it really is a hot topic, certainly not only in Nebraska, just across our nation now.

PHILLIPS: Sunny Hostin, always love your input. We're going to ask our viewers to e-mail your legal questions to Sunny, at sunnieslaw@CNN.com. That's sunnyslaw@CNN.com. Or, just go ireports.com/sunny.

Thank you, Sunny.

HOSTIN: Thank you. Next time, hologram hopefully.

PHILLIPS: You got it. No! I want you in person.

See you, sunny.

HOSTIN: Love the hologram. Bye.

PHILLIPS: Well, voters also decided some medical-related ballot measures Tuesday, including assisted suicide and the use of medical marijuana. We're going to run through them later this hour with our medical correspondent, Elizabeth Cohen.

Now, Barack Obama will have a powerful voice praying for him. Billy Graham, America's pastor has prayed with and advised every president since Harry Truman. And some 250 million people heard him preach in person over his 70-year career. Well, Reverend Graham turns 90 tomorrow. Another milestone in a life paved with them.

(BEGIN VIDEO CLIP)

REV. BILLY GRAHAM, EVANGELIST ASSOCIATION: The Old Testament looks forward to him. The New Testament looks back to it. But the center of the Scriptures is Christ.

PHILLIPS (voice-over): Billy Graham's singular message and unfaltering faith in God, has made him a trusted resource for Americans of all backgrounds. But nothing cemented his status as the nation's premiere preacher like his ties to the White House and its chief residents.

UNIDENTIFIED MALE: I think all of us felt in the time of greatest challenge and responsibility of our public lives, that would be the presidency. That we needed some Christian or religious counseling from a completely trustworthy and objective and fair source. To guide us through those difficult times.

PHILLIPS: What started out as a historic and unprecedented single visit with President Truman, became a regular occurrence with Richard Nixon. The powerful pair spent many hours together publicly and privately. Talking about religion, politics and the pressing social issues of the day. But that cozy connection caused criticism when an old tape surfaced 30 years later.

In 2002, the National Archives released a taped Oval Office conversation laced with anti-semitic slurs. When President Nixon ranted about what he saw as Jewish media control, Reverend Graham joined in.

VOICE OF GRAHAM: This stranglehold has got to be broken or the country's going down the drain.

VOICE OF RICHARD NIXON, 37TH PRESIDENT OF THE U.S.: You believe that?

GRAHAM: Yes, sir.

NIXON: Oh boy. I can't ever say that, but I believe it.

GRAHAM: No. But if you get elected a second time, you might be able to do something.

PHILLIPS: Graham's comments sparked outrage. Jewish leaders expressed horror that a role model with high access would tolerate, let alone actually make such statements.

CHARLES COLSON, FORMER NIXON AIDE: I've been in those meetings. Nixon was a very dominant personality. He could do that. And of course he's president of the United States, sitting behind a desk and a certain awe goes with it. And even Billy Graham is influenced by that.

PHILLIPS: In a written apology Graham said the recording did not reflect his true views. He also apologized in person to Jewish leaders meeting in Cincinnati. Abraham Foxman, president of the Anti- Defamation League, issued a statement accepting Graham's apology.

NIXON: I shall resign the presidency effective at noon tomorrow.

PHILLIPS: In the wake ever the Watergate scandal, the Evangelist was forced to confront the notion that the man he considered a friend had not always been honest with him and that he had been made a political pawn.

WILLIAM MARTIN, BIOGRAPHER: And he said, I knew what I'd said to the president. And I knew what he'd said to me. But when I saw all those memoranda circulating in the background, I felt like a sheep led to the slaughter.

PHILLIPS: Relations with future administrations would be different. Less political, more pastoral. Billy Graham hopscotched the globe with his messages of salvation, freedom and peace. But close friendships with two particular families brought him back to the U.S., and back to the White House, despite being burned in the past.

MARTIN: With Reagan, they been friends since -- since the '50s. He had known Reagan for a long time, and visited the White House a great deal during the Reagan administration. But it was always, almost always, kept private. He said we never discussed politics. He also said he wasn't really interested in politics. He wanted to talk about the old days in Hollywood.

PHILLIPS: Graham had also known then vice president George Bush, since his 1957 New York crusade. And even vacationed with the Bush family in Kennebunkport.

GEORGE H.W. BUSH, 41ST PRESIDENT OF THE U.S.: Just two hours ago, allied air forces began an attack on military targets in Iraq and Kuwait.

MARTIN: Before launching the first Gulf War, President Bush at the time invited Billy Graham to the White House, and then asked him to lead a prayer service the next day with the Army brass and others in the Pentagon and the White House.

PHILLIPS: Once again, critics questioned whether a U.S. president was using Reverend Graham to endorse a war. But others said it was natural for President Bush to call on his old friend at that crucial time.

COLSON: And if there's ever a time that you want the reassurance that you're doing God's will, the reassurance that God is sovereign and watching out for you, that you have God's blessings. It's when you're in that crunch.

(END VIDEOTAPE)

PHILLIPS: Well Billy Graham doesn't move, see or hear like he used to. And doesn't leave his North Carolina home very much. But his mind is still sharp. And tomorrow, we'll talk with his grandkids about how the family is celebrating their patriarch's 90th birthday.

And be sure to check out CNN.com. There's a great article on the site about America's pastor and the unique gift that his son got him for his birthday. Let's just say it's not a tie.

Abortion, medical marijuana, doctor-assisted suicide. Those were some of the hot health issues on ballots across the country on election day. We'll find out how they fared.

(COMMERCIAL BREAK)

PHILLIPS: Well, the transition is starting and the President- elect Barack Obama isn't waiting time. We just reported a short time ago, he will be meeting with the former President Bush and former First Lady Laura Bush on Monday.

Just got this statement from Barack Obama saying, "Michelle and I look forward to meeting with President Bush and the First Lady on Monday, to begin the process of a smooth, effective transition. I thank him for reaching out in the spirit of bipartisanship that will be required to meet the many challenges that we face as a nation."

Well, the nation didn't just elect a new president on Tuesday. Several states passed important ballot measures on hot health topics as well. Medical marijuana, doctor-assisted suicide and abortion. CNN medical correspondent Elizabeth Cohen is here to tell us what happened.

Let's go ahead and start with abortion.

ELIZABETH COHEN, CNN MEDICAL CORRESPONDENT: Right. Start with the big one. There were propositions in three different states, Kyra, that all aimed to limit a woman's right to have an abortion. And they all failed. One of them failed by actually a pretty large margin.

Let's take a look at these three propositions. The first one in the state of Colorado, aimed to define a person hood -- is beginning at the moment of fertilization. And that failed; 73 percent to 27 percent. The implication there, of course, is that if life begins at the moment of fertilization, that fetus would then have certain rights.

Now in South Dakota, there was a measure to reinstate a ban on abortion. That failed by 55 to 45 percent. And in California, there was a measure that would have required a mandatory waiting period and parental notification for teens wanting to have an abortion. And that failed 52 to 48 percent. So, there you go. All three of them didn't happen.

PHILLIPS: Medical marijuana. Controversy, as well.

COHEN: Yes.

PHILLIPS: What happened in Michigan?

COHEN: In Michigan, the voters spoke and they spoke loudly. They want sick people to be able to smoke pot. What they did is they said that if you want to smoke pot for a medical reason, and there's the margin right there -- 63 to 37, you have to register. You have to register to smoke pot for medical reasons. Some people say that it helps pain and nausea for problems like glaucoma, cancer, HIV. And that makes Michigan the second state -- I'm sorry. The 13th state to allow medical marijuana.

PHILLIPS: And doctor-assisted suicide? Washington state, right?

COHEN: Washington state right now. They are now the second state to allow doctor assisted suicide. And here's how it would work. A person would have to have less than six months to live and there would have to be two doctors to verify that. And it would allow doctors to write a prescription for a lethal dose of a drug.

Again, two doctors would have to approve this and the person would have to have six months or less to live. And again now, the second state to allow this after Oregon.

PHILLIPS: All right. Elizabeth Cohen, thanks.

COHEN: Thanks.

PHILLIPS: Well, a jogger's scary run-in on the trail. What do you do when rabid animals attack?

And there's not much time interest in this year's hurricane season. But wouldn't you know it? There's another storm is brewing in the Caribbean. Chad Myers will tell you about it.

(COMMERCIAL BREAK)

PHILLIPS: Well now, some fox news to tell you about. An Arizona jogger was attacked by one of the animals this week. Most people would probably freak out. But this lady actually managed to run a mile, while the fox attached to her arm. The story from Fay Fredricks of our affiliate, KPNX.

(BEGIN VIDEOTAPE)

FAY FREDERICKS, KPNX REPORTER (voice-over): The wound may be small, but the story of how Michelle Felicetta got them is nothing less than stunning.

MICHELLE FELICETTA, ATTACKED BY A RABID FOX: As soon as it started walking towards me, I pretty much knew that something was very wrong. And I took a step back and as soon as I took a step back, it lunged at my foot.

FREDERICKS: A tiny band-aid now covers the spot where a rabid fox first sunk its teeth into Michelle, which she was hiking near Granite Basin Lake, outside of Prescott. She managed to kick it off.

FELICETTA: It came back and my knee. And as soon at it got to my knee, I grabbed its neck. And it started thrashing in my hand and it latched on to my left arm.

FREDERICKS: Worried that the sick animal would attack another animal or another hiker out here, Michelle wrapped the thrashing animal in a sweater and threw it in the trunk of the car before driving to the hospital.

CHARLIE HANKS, CAMPER: My gut reaction is wow. I mean, it sounds spectacular.

FREDERICKS: Charlie Hanks is camping in the same area where the accident happened.

It sound likes a pretty freak accident, incident. And whenever you're in the wild, you always have to take care.

(END VIDEOTAPE)

PHILLIPS: Well, a series of five vaccinations awaits that brave jogger now.

(WEATHER REPORT)

Well, one thing about Barack Obama, it's hard to envy the job ahead of him. So much to do with no time to waste. Next hour, we're going to talk about what three things he needs to do to help the economy right now.

(COMMERCIAL BREAK)

PHILLIPS: Well, CNN, the best political beam on television. Jessica Yellin, covering the election in Chicago. But, thanks to technology she was beamed in, in New York, and stood in front of Wolf Blitzer. You half expect her to say, help me Obi-Wan Kenobi, you're my only hope, like Princess Leia in "Star Wars." Remember that? Jay Leno just couldn't resist.

(BEGIN VIDEO CLIP)

JAY LENO, HOST OF "THE TONIGHT SHOW WITH JAY LENO": How many saw the hologram? Did you see it? Oh, yes. You know, it was a great idea. Apparently still haven't worked out all of the kinks. I guess they had some sort of intergalactic glitch earlier in the day.

KEVIN EUBANKS, THE "TONIGHT SHOW BAND": Intergalactic?

LENO: Yes. Show what happened when they did the hologram the first time.

WOLF BLITZER, CNN ANCHOR: Right now, watch what we're about to do. Because you've never seen anything like this on television.

(END VIDEO CLIP)

PHILLIPS: Well, no CNN icons were actually harmed in the making of that clip, by the way. Although, the predator does look like he lost a little weight.

The next hour of the CNN NEWSROOM starts right now.