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Polish President Killed in Fiery Airplane Crash; Deadly Protests in Thailand; Search Ends for Miners in West Virginia

Aired April 10, 2010 - 16:00   ET

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

RICHARD LUI, CNN ANCHOR: And of course, we have much more on today's plane crash in Russia, but first, we have some headlines for you.

First off, eight people have been killed in Thailand in another round of violence between protesters and security forces there. The victims including a Japanese photographer who was working for the Reuters News Agency.

A week-long search at a West Virginia coal mine has ended in tragedy and sorrow. Four missing miners have been found dead, bringing the overall death toll in this week's explosion to 29. President Obama is promising a thorough investigation and accountability there.

And Republican National Chairman Michael Steele gets a vote of confidence despite speculation his job may be in jeopardy, a letter supporting Steele has been signed by a majority of state party chairmen. Steele is speaking today at the Southern Republican Leadership Conference. We'll be monitoring his remarks.

OK. Now back to today's top story for you, investigation is under way into a plane crash in western Russia that killed the president of Poland and numerous other Polish officials. There is no indication terrorism was involved. The plane crashed in heavy fog during a landing attempt in Smolensk, Russia. It may have hit some trees at the end of the airport runway. You can see some of the trees in this picture here.

A Polish delegation was heading to a ceremony marking the anniversary of a World War II massacre of Polish military officers. All 97 people on board that plane died. World leaders including President Obama are reacting to this plane crash, what happened, about 13 hours ago.

Here are some of the thoughts he passed along to the people of Poland in a statement released this morning.

"President Kaczynski was a distinguished statesman who played a key role in the solidarity movement and he was widely admired in the United States as a leader dedicated to advancing freedom and human dignity. Today, there are heavy hearts across America. The United States cherishes its deep and abiding bonds with the people of Poland."

And Russian Prime Minister as well, Vladimir Putin and British Prime Minister Gordon Brown offer their condolences as well.

(BEGIN VIDEO CLIP)

VLADIMIR PUTIN, RUSSIAN PRIME MINISTER (through translator): This is indeed a horrible tragedy. I have spoken to the prime minister, extending my condolence condolences. We just talked about it, nothing of this sort has ever happened in history. The Polish Prime Minister has expressed a desire to visit the crash site. I'll go there as well to meet him. We will inspect the crash site together.

GORDON BROWN, BRITISH PRIME MINISTER: I think the whole world will be saddened and in sorrow as a result of this tragic death in the plane crash of President Kaczynski and his wife, Maria, and the party that were with them. I think we know the difficulties that Poland has gone through, the sacrifices that he himself made as part of the solidarity movement. We know the contribution he made to the independence and the freedom of Poland.

And I think at a time like this we also remember a family in mourning, large numbers of people who have died, and a whole country that will be shocked and saddened by what has happened. I met President Kaczynski on a few occasions, I've talked with him recently, and I think every leader around the world will be sending their sympathies to the people of Poland.

(END VIDEO CLIP)

LUI: OK. Prime Minister Putin also will be heading that investigation when he does arrive there in West Russia. Now, Poland, meanwhile, it is mourning not only the death of its president, but also the deaths of many other top officials. Our Frederik Pleitgen is there. He is live in the Polish capital, Warsaw. When we last spoke here, Frederick, what was the most sad to see were certainly the pictures that were behind you of the people that were there, of the candles that had been lit, what are you seeing now?

FREDERIK PLEITGEN, CNN CORRESPONDENT: Well, the picture really hasn't changed very much, Richard, even though certainly it has become very late here in the Polish capital. It is now after 10:00 p.m. here in Warsaw. There certainly is still a stream of people here coming to the presidential palace here in central Warsaw.

Really the scenes are very much like the ones I described before. People just sort of staring blankly into the air of the night here, many of them just really a blank on their faces. Others even in tears here in front of the presidential palace. Many thousands of people have come here. I would say it is almost about 100,000 people who have come here to central Warsaw. Many of them lighting candles, many of them laying down flowers.

Certainly as you say, it is really an air of mourning, of sadness, not just for the deceased president, but as you said, many top officials of this country who were on that plane crash, large parts of the military leadership, also the head of Poland's Central Bank. So certainly this is really a devastating loss for this country. You can see the people here coming together in mourning, bridging political divide in this country. There is just a general air of sadness and of shock, really, here in Warsaw.

LUI: Frederik, if you could, could you pan the camera or have the cameraman pan the camera so we can see what's around you?

PLEITGEN: Well, I can sort of pan it forward. If you pan just a little bit forward here, you can see the crowds that are in front of the presidential palace. You might be able to see some of the people who have laid down that flag back there, a lot of flowers back there, a sort of different view than we had before. But you can just see that there are tens of thousands of people here in central Warsaw. You're seeing the square right in front of the presidential palace.

You can see there is an honor guard here. There is a police here with motorcycles who are here, and certainly there have been officials coming and going out of the presidential palace throughout the evening hours. A crowd then making way for these people. But it really, really is an amazing scene to see how in this country, within really just a couple of hours so many people have come together to show their sorrow, to be in mourning, to pray.

They're having masses all throughout the evening here in this country. And certainly that is going to continue throughout the night. And then tomorrow, into Sunday, of course, in this very deeply religious, deeply Catholic country there are going to be more masses. There's going to be more mourning for the dead. Tomorrow, also at midday here in Poland, there're going to be two minutes of silence for those who were killed in that plane crash and then a whole week of mourning afterwards.

We're still waiting to hear some of the details, Richard.

LUI: Frederik Pleitgen, live in Warsaw, the country going through a very important healing process and, as you saw what Fred was showing us, upwards of 100,000 people that have now come to that area to remember the loss of their president as well as other top officials in that plane crash that happened about 13 hours ago.

Meanwhile, Poland's ambassador to the U.S. calls this a very tragic day for Poland and the Polish people. We get over to Sandra Endo who is live at the Polish embassy in Washington. And is watching what is happening there. Hi, Sandra.

SANDRA ENDO, CNN CORRESPONDENT: Well, hi, Richard. An outpouring of sympathy here at the Polish embassy and then ambassadors inside right now fielding phone calls, and taking visits, many from dignitaries here who are expressing their condolences. And then the national flag is flying at half-staff in front of the embassy here. They have opened their doors to the public. They have seen a steady stream of people go inside to sign a book of condolences for the victims of the tragic crash.

And many people here are leaving flowers, and candles, all in memory of those victims. So the sorrow stretching not only in Poland, but to many Polish Americans here in the States. (BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: I came out because my family is from Poland. My grandfather fought in World War II. And during the war they had to leave Poland. I've been to Poland, studying there, and I came out just because to pay respect, just it is a tragedy what happened.

UNIDENTIFIED FEMALE: I came out here today to pay my respects and to show solidarity with the Polish nation.

(END VIDEO CLIP)

ENDO: And, Richard, you were mentioning the Ambassador Robert Kupiecki making a statement earlier and in part also he expressed gratitude and thanks to President Obama and many Americans who are also expressing their sympathy today. Richard.

LUI: All right. Sandra Endo there following the grief that will be expressed by not only U.S. citizens, but Polish Americans specifically too. Thank you so much.

And of course, we'll have more on that story throughout the day here on CNN for you. A seven-year-old Russian boy at the heart of an international incident between the Washington and Moscow. What he says his adoptive American parents did to him and why they say he had them living in fear?

(COMMERCIAL BREAK)

LUI: A Tennessee family's decision to send an adopted Russian boy back to Moscow has sparked an international outcry. The boy says his U.S. family abused him, but his U.S. family says the seven-year- old terrorized them. Martin Savidge is in Shelbyville, which is a little south of Nashville with the latest on that.

Hey, Martin.

MARTIN SAVIDGE, CNN CORRESPONDENT: Hello, Richard. Well, neighbors here say they knew there was a problem when they saw six to eight sheriffs and deputy cars. They were all in the drive way of these two homes on Thursday morning. They just didn't know what the problem was until the next day when they saw the local paper and the headline that said "Adoption Gone Bad."

That's when they realized that their small Tennessee town was now in the middle of a big and growing international incident involving the United States, Russia and a seven-year-old little boy by the name of Artiem, his Russian first name or Justin Hansen, that's his adoptive American name.

The little boy showed up at Moscow's International Airport on Thursday with nothing more than a backpack and a note from his adoptive American family saying they were returning the little boy after seven months because they say that he was mentally unbalanced and violent. Well, you can imagine the boy's return triggered outrage in Russia. The foreign minister there Sergey Lavrov has said that now there should be a freeze on all future adoptions by Russian children by American families until this case is fully investigated.

Meanwhile, the media descended here on the small town of Shelbyville, not just from across the United States, but there are three television networks from Russia that are also here. And I talked to one of their correspondents, his name is Evgeny Popov. He is with Russian state television. And I asked him what do Russians think of this case?

(BEGIN VIDEO CLIP)

EVGENY POPOV, RUSSIAN STATE TELEVISION CORRESPONDENT: I don't know. It is terrible and it sounds like mockery that Nancy Hansen tell reporters that she still loves children, because she send her kid back to Russia - I don't know, like oversized sneakers. But this is not only one question she sends him back. The second question is how she sent him back, because she didn't make any paper work about this. She didn't make anything for him. She just left him in a dangerous situation.

(END VIDEO CLIP)

SAVIDGE: It is the way the boy was returned that the Russians are very angry. They also say that this is not the only case of a problem of Russian children suffering at the hands of American adopted families. They said another case in New Hampshire in which they say a young child died as a result.

Meanwhile, the Hansen family here says, look, this is not just a case of a child that was misbehaving or acting badly. This was a child they say that has true psychological problems that the orphanage in Russia never told them about. That the child on several occasions have threatened to kill family members and the last straw came when the child was apparently attempting to set fire to the home. There have been no charges that have been filed as yet against the adoptive family, but they are being investigated by local authorities and the U.S. State Department. Back to you.

LUI: All right. A lot of parts to that story.

Martin Savidge, thank you for filling them in for us there in Shelbyville.

We're all looking for ways to stay healthy and save money. But what if you can combine those two and owe the tax man less? Our medical expert will tell you how.

(COMMERCIAL BREAK)

LUI: Let's go to our top stories for you at this hour. Poland's President Lech Kaczynski, his wife and a group of diplomats and military leaders died in a plane crash in western Russia today. The plane's flight recorders are being examined and officials say foul play is not suspected. The flight went down during heavy fog. President Obama calling the loss devastating to Poland and to the world.

This week's anti-government rise in Kyrgyzstan is creating havoc with U.S. troops schedules. About 1,300 U.S. troops are stranded in an air field in Manas. The U.S. military had used this air field as a transfer point to Afghanistan but U.S. military operations there are now suspended. The stranded troops include those homeward bound and those headed to Afghanistan.

Protesters in Washington today are speaking out against a government program hyped as education's moon shot. Marchers do not like the Department of Education's race to the top program. The initiative is seen as the Obama administration's signature score improvement plan. The protesters are unhappy about the way it makes schools compete for that funding.

Prescription drug refills, doctors office co-pays, you have to shell out the cash anyway. So why not do it in a way that saves you some money on your taxes along the way? If not this year, you know, you might be able to do it next year.

Medical educator Dr. Bill Lloyd joins us from Sacramento with some ideas about how you can save twice on your out of pocket health expenses. And Dr. Bill, what we're talking about here is what is called a flexible spending account. Tell us about what that is and how we might be able to set that up.

DR. BILL LLOYD, MEDICAL EDUCATOR: Two words, Richard, free money. By the way, have you done your taxes yet?

LUI: I'm in the process.

LLOYD: Well, if you're doing your taxes and you already have a flexible spending account, you're in for a savings. Here's how they work. People who work for a company, that offer full time benefits like health insurance also offer what we call flexible spending accounts. Once you enroll, a portion of your salary, a part before the taxes, is siphoned off and then you have access to that money throughout the year to cover lots of health expenses that your normal insurance won't take care of.

Your employer establishes how much you can contribute. Most of the time it is around 2,000, $2,500, most Americans chip in about $1,500, and then here comes the good part. At the end of the year, that amount of money does not count towards your total taxable wages, which means you're going to have a savings in your income tax at the end of the year because you're reporting less income.

LUI: So it works like the 401(k). If your family already has health insurance from their employer, why should they bother to do what you're suggesting?

LLOYD: You know, Richard, no insurance is perfect. And if anybody was watching the CNN special "IOUSA," they will learn that Americans have to pay an awful lot for their health care. So any opportunity to save money particularly if health care expenses continue to grow and taxes continue to grow represents a good deal. When you join a flexible spending account, you're able to siphon off money that you'll never pay taxes on, and use that money as a source for things you might want that your current insurance won't pay for.

LUI: Since we're talking about income tax returns there is always receipts that we're supposed to keep. Do we need to keep that in this situation with an FSA?

LLOYD: You think it might be cumbersome, but actually it's not. Most major companies now run their FSAs on debit cards. So when it comes time to use some of that money, you simply present a debit card that your employer gives you and that money is automatically taken out of your pay account. There is lots of neat things that you can use that money for that is authorized in a flexible spending account, Richard, starting off with co-pays.

Every time you go to the doctor, you actually got to shell out 15, 20. Those deductibles, you know, you break your arm and go to the emergency room, you might be stuck for a $1,000 or more. Your FSA could cover that. Things like dentures or braces for your children. Maybe even thinking about LASIK. As long as it is an authorized medical expense, it will be covered by your FSA. Things like hearing aids or even alternative therapies like doctors who recommend exercise therapy and give you a note to document it, you can use your FSA to pay for that.

LUI: And in some cases when you actually do use it, the vendor will actually automatically tell you whether that cost fits into the FSA program. I'm sort of concerned though here -

LLOYD: Richard, you're right. You always have to check with your employer regarding your health benefits. It may vary from company to company.

LUI: Right.

LLOYD: But you can save money if you're paying cash because a lot of people will give you a discount if you're paying cash. And you always have to be aware of the things that you're not eligible for like elective cosmetic surgery. You can't use FSA money to pay insurance premiums. You can't use it for a health club and beginning in 2010, and here is a big one, Richard, you can't use it for over the counter medications, only prescription medications.

LUI: And I've got to go here, but if I don't spend all the money, what happens? Quickly.

LLOYD: Well, if you don't spend the money, it is forfeited. But here is good news. Most Americans spend the money and there is always plenty of ways to do it. Only about four percent end up giving that money back. And you don't have to do it by December 31st. Most employers will give you until March 15th of the following year to use up the money in your FSA. One last tip, you have to renew, you have to re-enroll in an FSA every single year. So when your company has their open benefits program, you got to go right back in and sign up again for next year's FSA. LUI: Dr. Bill, thank you so much. Medical educator helping us understand what these FSA or flexible spending accounts are and how they can help us save some money and as well as not pay as much taxes. Appreciate it. Have a good Saturday.

LLOYD: We'll talk again soon.

LUI: You bet.

If you want to hear more of Dr. Bill Lloyd's tips on Sirius satellite radio, he's the host of a weekly program on Reach MD called "Office Hours" on Sirius channel 160.

The plane that crashed in Russia killed not only the president of Poland, but dozens of Polish political and military leaders as well. We're going to take a look at the general of leaders that Poland has lost.

(COMMERCIAL BREAK)

LUI: All right, now back to our top story for you. A jetliner carrying Polish President Lech Kaczynski crashing in western Russia earlier this morning, about 13 hours ago. This Polish plane was trying to land in heavy fog in Smolensk and apparently hit some trees at the end of the runway. This is in Russia as you can see on the map here. 97 people were on board and there were no survivors.

The delegation was on its way to a ceremony marking the 70th anniversary of a World War II massacre of Polish military officers by Soviet troops. So the question right now is how does this tragedy shake up the political structure of Poland? And how might it affect the United States and what are the stakes of the United States and what is happening in the leadership right now in that country. Our Josh Levs has been looking into that for us. Some recent headlines actually coming from Poland, the United States and Russia.

LEVS: Yes, exactly. And he had definitely played a role in all of that. I want you to understand this big picture. You might hear and it is true, that the prime minister inside the Polish government structure has more power. But that doesn't mean that the president is only ceremonial. He's not. This president had some power and had some real influence in pushing Poland in certain directions.

And that's what I want to talk to you about a little bit. You know, after he came to power, just one example, you probably heard about, the President within the structure of Poland appoints the prime minister. And the prime minister then has to be given that support from the lower house of Parliament. He appointed his twin brother. So for a while he and his twin brother for a couple of years, their party, were basically running the government. They ran it.

And then a couple of years after that his brother - that party stopped having the prime power and they became the opposition prime minister. But this president maintained some control, some authority over how things operate and one of their big pushes was what they said, and the party said, was to get rid of some of what they call this communist influence inside Poland. They said there was still too much power there. Also a friend to the United States, Richard and that is something he did, helped build that increasing relationship with the U.S..

LUI: So Josh, what you're really saying is because in some of these structure, the prime minister clearly has more power than the president, the president, if you will, is the leader that will go to all the public events. But in this case, you're saying there really is sort of a give and take here, sort of checks and balances.

LEVS: Yes, I mean, the prime minister has more authority definitely, but there are really important ways in which the president was relevant. And one thing you referred to some headlines before.

LUI: Right.

LEVS: One thing we have been hearing about the last couple of years was the missile defense system. You're probably thinking about that.

LUI: Right.

LEVS: He definitely was in support of the U.S. efforts to include Poland in its missile defense system. That includes Patriot missiles, that also included what President Bush wanted at one point, back in 2008, to set up interceptors inside Poland. President Obama did not continue that. And they're not having those -- the interceptors, but the Patriot missiles are still going there and he was a supporter of that.

So definitely increasing that relationship with the rest -- increasing the relationship with the United States in general. This and is something that he did and we can expect most likely a successor to continue in that direction.

LUI: Josh, when you talk about that relationship and you're talking about the missile defense system that was to be in Poland, that relationship between Russia and Poland was somewhat contentious with this leader. That will change, I guess.

LEVS: Yeah. It could. One thing that is, again, so tragic about the timing of this is that in a way this event that they had been in Russia for was definitely something that was aimed at helping build improved relationships between Russia and Poland. And now there are certainly Polish leaders who want to see an increasing relationship with Russia again.

But, yes, number one friend of Poland under this president, and certainly the government in general, the United States. And the question is will the successor be as committed to that strong relationship? And the likelihood from the analysts I talked to is, yes, there will probably be a successor who sees the United States as the number one friend of Poland and wants to continue that relationship.

LUI: Bottom line, an important relationship with the United States is what you are saying, as they move forward. A difficult situation, though, that is happening there in Poland at the moment.

Hey, josh, thanks for breaking that down for us.

LEVS: You got it. Thank you.

LUI: Like the mythical Phoenix, the Republican activists are hoping their battered party is poise to rise from the ashes and retake control in Washington. Party faithful have gathered in New Orleans for the Southern Republican Leadership Conference. They're talking strategy for this fall's midterm congressional elections. Several prominent Republicans are speaking today including GOP National Committee Chairman Michael Steele. All eyes on this man. And several called on him to resign amid increased scrutiny of lavish spending by the national party.

Delegates will wrap up this conference with a straw poll on who should be the party's presidential nominee in 2012. We're watching that in New Orleans.

Native American farmers were watching when the federal government agreed to compensate black farmers for decades of discrimination. Now they say it is their turn. We take a look at the issues behind their 12-year-old class action lawsuit.

(COMMERCIAL BREAK)

LUI: It is already the second full week of April, about to start tomorrow, if you can believe it. Let's look at some of the historic milestones coming up. One year ago in 2009, Somali pirates seized U.S. flagged, Maersk Alabama. Captain Richard Phelps was held hostage for five days until he was rescued by U.S. Navy snipers, who shot and killed three pirates.

Five years ago in 2005, Eric Rudolph entered guilty pleas in connection with a series of bombings including a deadly blast during the 1996 Olympics in Atlanta. He was sentenced to life in prison without parole.

Forty years ago in 1970, a liquid oxygen tank exploded during the Apollo 13 moon mission putting the three-man crew in jeopardy. After aborting the scheduled moon landing, they managed to return to earth safely.

100 years ago, President William Howard Taft threw the ceremonial first pitch of the 1910 baseball season in Washington, starting an annual tradition. And 160 years ago in 1850, the city of San Francisco was founded.

(COMMERCIAL BREAK)

LUI: When the federal government recently agreed to pay African- American farmers more than a billion dollars for past discrimination, another group of farmers was closely watching this. Native Americans say they too have experienced decades of discrimination by the U.S. Agriculture Department. So they filed a class action suit against the government in 1999 and say it is not getting attention. Fredricka Whitfield spoke with Paul Smith about this case, he is one of the attorneys representing the Native American group.

(BEGIN VIDEOTAPE)

FREDRICKA WHITFIELD, CNN INT'L. CORRESPONDENT (On camera): What is the status of your suit?

PAUL SMITH, ATTORNEY FOR NATIVE AMERICAN FARMERS: Well, it has been in litigation now for about 11 years. The government came to us in December and said can we take a little break from the case, and see if we can negotiate a settlement. We have been trying to do that for the past four months or so. The case involved-

WHITFIELD: I-

SMITH: I'm sorry, go ahead.

WHITFIELD: I was going to ask you what is at the root of this case?

SMITH: It involves something called the Farm Loan Program that the Department of Agriculture, which is a very important program. It is basically the life blood of small family farm and ranch in this country that provides essential credit to keep those small farms and ranches going. It is a great program.

The problem is that it has a long and well documented history of discrimination against minorities, when they come to try to get their share, their fair share of the loan money.

WHITFIELD: A very similar premise was made by the National Black Farmers Association. They actually won settlement by the USDA in the form of $1 billion. However, you talked to the organization, and they say they have still not enjoyed fully that settlement. How closely are you watching that case? And are you seeing any parallels in the resolution of your class action suit?

SMITH: We are watching it very closely. Obviously the problems in the program are very similar to those experienced by Native Americans in this some parts of the country and African-Americans in other parts of the country. There have been two settlements in the black farmers case, $1 billion was given out under a settlement reached in the '90s. And recently there has been another settlement for $1.25 billion that they're trying to get funded on the Hill. Our case is somewhat in line behind theirs, but we welcome their settlements and hope they help us get what is fair for Native Americans.

WHITFIELD: There has been a delay in the settlement of the second $1 billion, National Black Farmers Association are counting on now an extension that Congress might indeed deliver on something the president, President Obama, has already said he encourages.

SMITH: Right. They have to get money appropriated for that second settlement. In our case, by contrast, they could settle and the money could come right out of something called the judgment fund. Our case is still in active litigation, so they could settle it without having to get Congress to approve anything.

WHITFIELD: And how are Native American farmers and ranchers doing? How desperate is their situation that many allege they need some sort of compensation or help now from the government?

SMITH: Well, there has been enormous amounts of discrimination. The case goes back to 1981. We have lots and lots of examples of the kinds of slurs they were subjected to when they came in to ask for loan money from the local office of the Department of Agriculture, the kind of stereotypical thinking that led them to have their claims denied.

Overall we calculate they got $3 billion less in loans than they would have gotten if they were treated like white farmers, which causes enormous amounts of economic injury to the tune of around a billion dollars. So there is an awful lot of people out there who have massive amounts of debt, or have lost their farms altogether, and are waiting for some sort of compensation. And also waiting to see if we can actually fix this system so their children and grandchildren can deal with the Department of Agriculture on an equal basis.

WHITFIELD: And, Paul, may I read to you a statement that we received, written statement from the USDA saying, quote, "USDA remains committed to resolving the Keepseagle litigation. Just as we are committed to resolving the other class action civil rights lawsuits involving the department. The Justice Department has reached out to the plaintiffs in cases involving Hispanic, women, Native American farmers regarding discussions towards a meaningful settlement process in those cases that may look like the settlement if Pigford II.

What is your response to this response?

SMITH: We hope that's what they plan to do. The interesting thing about these cases is there is not really any dispute about what happened. The government put out its own reports 15 years ago saying, look, we have this terrible sorry history of discrimination, but the problem is litigation, except in the black farmers case, has been allowed to languish on. There isn't any real fix and there isn't any real compensation.

But hopefully, I know Secretary Vilsack said, and I believe he wants to, settle this is just has to get done. And if it doesn't get done quickly in our case, we're going to go back and go to trial. That's our plan.

WHITFIELD: This is part of the written statement that was provided to us by the USDA. Saying, quote, "The secretary has repeatedly made clear that he is committed to resolving all of the large civil rights cases quickly and fairly. He believes it is time to move past this sad chapter of USDA's history so that the USDA can focus on helping all formers be successful."

Any thoughts on that?

SMITH: I think the secretary of Agriculture, like his predecessors, has been saddled with this problem. And there needs to be a resolution. Not just compensation, but certainly that's an important piece of this, but also a reform of the way the system works, so it is not so subjective, so that people when they come into their local office aren't just treated like the members of a particular racial group. That everybody gets treated the same and that's part of what we're trying to accomplish as well.

WHITFIELD: What kind of timetable are you counting on?

SMITH: The stay in the case that we agreed to with the government expires on April 21st. If there hasn't been major progress by then, we'll go back to the court, and say let's put the case back on the active docket and let's get this case to trial. And if we have to, we'll try it. Our people have been waiting now 11 years and many of the injuries they experienced were already at that point 11 years ago, already 15 or 20 years old. So these people have had a long wait. Some of our clients are starting to die off. So this is a problem that can't wait any longer.

WHITFIELD: Paul Smith, representing Native American farmers and ranchers in this civil -- on this class act lawsuit. Thanks so much.

SMITH: Thank you, Fredricka.

(END VIDEOTAPE)'

LUI: Now to our top stories this hour for you. An outpouring of grief over the death of Poland's president in a plane crash in Western Russia . In addition to President Lech Kaczynski, his wife and several top military and civilian leaders died. The flight data recorders have been found and are being examined now. Foul play is not suspected in this at the moment.

In Bangkok, more violent clashes between Thai police and anti- government protesters; 15 people were killed today including a cameraman for the Reuters News Agency. Nearly 500 were injured. Protesters have been in the streets for weeks now demanding that the prime minister resign.

Then in West Virginia, search crews there overnight found the bodies of four missing miners. That raises the death toll of this week's explosion at the Upper Big Branch Mine to 29, making it the worst coal mining disaster in the U.S. since 1970. President Obama sent condolences to the families of the victims and promises a thorough investigation into the tragedy to make sure it does not happen again.

The disaster is putting an intense and unwanted spotlight, meanwhile, on mine owner Massey Energy and the company's checkered safety record. The Upper Big Branch mine cited 458 times for safety violations just last year. There have been more than 100 safety violations in 2010. Federal mine regulators cited Massey many times for inadequate ventilation and coal dust accumulation. Massey has racked up $1 million in federal fines in 2009, and so far in 2010. Massey saying it does not condone safety violations, and its citation rate is about the national average.

CNN's John Roberts spoke with Massey CEO Don Blankenship.

(BEGIN VIDEOTAPE)

JOHN ROBERTS, CNN ANCHOR, AMERICAN MORNING (voice over): To hear the CEO of Massey Energy tell it, the hundreds of safety violations filed against the Upper Big Branch mine were neither excessive in number, nor particularly significant.

(On camera): People may be wondering why this mine was even operating.

DON BLANKENSHIP, CEO, MASSEY ENERGY CO.: I think the reason it was operating is that all the people who are very knowledgeable of mining whether they be with the federal government, the state government, or Massey had concluded that the mine was safe to operate and these violations and the efforts on the ventilation are efforts to improve it.

ROBERTS: But the man in charge of keeping America's coal mines and coal miners safe, Kevin Stricklin, doesn't see much room for argument.

(On camera): Is it your sense, Kevin, that this is a mine that really needed to clean up its act?

KEVIN STRICKLIN, MINE SAFETY & HEALTH ADMINISTRATION: We think all mines need to clean up their acts. But the number of violations issued here and some of the significance of them, it gave the indication that the mine operator would have been better suited to just comply with the regulations rather than us fining them.

ROBERTS: It is an emotional issue in this one-industry land. Safety is a huge concern. But Massey mines provide thousands of jobs and pour money into the local community. Ron Wooten is the West Virginia state mining director.

(On camera): Are they a good operator or a bad operator in your estimation?

RON WOOTEN, W. VA. STATE MINING DIRECTOR: I don't have an opinion on that particular question. I've seen them do good things. I've seen them do things not so good.

ROBERTS: One person told me, a source who chose to remain anonymous, told me that you were one of the worst operators in terms of the number of violations and the severity of those violations.

DON BLANKENSHIP, CEO, MASSEY ENERGY COMPANY: We would disagree in terms of the condition of our mines. The number of violations can depend on what area you're operating in, what district, who the inspectors are and the whole host of issues.

ROBERTS (voice over): Mine safety sources say they grow frustrated with a deep pockets industry and big money lawyers who challenge violations. ROBERTS (on camera): Isn't it true they can take you to court and they can spend a lot of money and they can drag this out and they can get the violation reduced and they can keep operating, tying you up in knots?

WOOTEN: They may be able to do that, but the real cost is when you shut them down, when you shut that mining machine down, and they can't run coal. That's the real cost.

ROBERTS (voice over): But shutting down a mine isn't easy. The feds find it hard to touch even repeat offenders if they correct the violation. It is like an endless series of strikes with few ever called out.

STRICKLIN: The law gives them the opportunity to correct their violations and go back to work. There is nothing in the law that tells me that I can keep them from mining.

ROBERTS: Until there is a big accident. Then everyone pays.

WOOTEN: I get concerned and upset anytime we have a violation. And when something like this happens, this devastates our state.

ROBERTS (on camera): I sense a certain frustration.

WOOTEN: Perhaps. I'm frustrated anytime these kinds of things happen. And I'm frustrated when I know that we're trying, and it still happens. That's annoying, most annoying. That this really tears at you.

(END VIDEOTAPE)

LUI: That was CNN's John Roberts reporting for us on that story.

If divorce is in the cards for you, it may be in these cards. They are being used for more than buying these days. Creditors are using them to protect your future.

(COMMERCIAL BREAK)

LUI: OK, we take you now straight to the Southern Republican Leadership Conference. Michael Steele just began remarks. A lot of eyes on this leader, the RNC chairman. Let's listen.

(BEGIN COVERAGE)

MICHAEL STEELE, CHAIRMAN, REPUBLICAN NATIONAL COMMITTEE: The issue today is the same as it has been throughout all history. Whether man shall be allowed to govern himself, or be ruled by a small elite. I guess some things haven't changed.

Republicans get accused by the other side of having a message based on fear. Well, they're right. But the Founding Fathers were fearful first. They were afraid of unchecked power in government, and so are we. They drafted the Constitution for the sole purpose of taming that beast. And, today, we can see why. As we watch that beast sink its teeth deeper into the pocketbooks of every American citizen.

The sad fact is we live in a time when the Constitution has lost its sway over those who would govern us. There is a small elite, as Jefferson called them, in Washington, which views the two years between elections not as a time to earn the public's trust, but rather as their opportunity for unchallenged social experimentation. As I meet with you, the grassroots of America, I've never seen the kind of anger that is brewing right now.

(APPLAUSE)

Now smart people who study this kind of thing tell us that anger is usually a mask for fear. Now why on earth would the citizens of the greatest nation on earth have any reason to be fearful? It is because we love our country. We love those first principles of liberty and opportunity. We love the American dream. We want it for ourselves and for our children. This is the Promised Land. This is the place that people have always come to by land, by sea, by hook or by crook. When people living under tyrants and thugs are secretly planning their escape, this, this land, is their preferred destination.

(APPLAUSE)

Now why is that? Is it because our soil grows better corn? Is it something in the water? Are we just nicer here? Well, if you spent any time in rush hour traffic, you know that's not necessarily the case. You see, America is supposed to be the place you come to so the tentacles of big government no longer reach you. This is the place where as long as you don't hurt someone else, you can pretty much do what you want. You're free to work hard, to save smart, and to pass on a lasting legacy of values and wealth to your kids.

In America, success is not our enemy, because we all expect to succeed here. Prosperity isn't something we punish, because this is the one place where prosperity is a real possibility every single day, for anyone who wants it. In America, no one wakes up in the morning and looks in the mirror and says all I want to be today, is poor. That doesn't happen in America.

No matter where you come from, no matter who your parents are, or where they came from, folks of all stripes and all struggles have made it here. That is the point of America. Our enemies have never been the wealthy or the strong. Our only enemies are those who would threaten our lives and our liberties. The whole point of the Constitution was to keep the government from becoming an enemy of the people.

That's why our Constitution shredding president and his congressional accomplices scare the pants off the American people.

(APPLAUSE)

Now at a time when Americans are losing jobs with no end in sight, when great American companies are under siege, Congress should be focused on nothing else except restoring economic growth and stability for our job creating sector. Instead, every single piece of legislation Democrats in Washington have passed has been a job killer, from cap and trade to the fraudulent so-called stimulus, and now with the government takeover of health care, Democrats are committing the worst kind of economic malpractice. And Americans, that would be you.

(END COVERAGE)

RNC chairman there Michael Steele addressing a group that could determine his future. The question that was out there, is his job at risk? We will continue to monitor his speech here.

I'm Richard Lui in for Fredricka Whitfield. Don Lemon picks up the story right after this.