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House Pass Temp Spending Bill; Sheen's Twins Taken Away From Him; Women Still on Unequal Economic Ground; At Least One U.S. Soldier Shot at Frankfurt Airport

Aired March 02, 2011 - 10:00   ET

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

CAROL COSTELLO, CNN ANCHOR: It's now 10:00 a.m. in the east, 7:00 out west. 5:00 in the afternoon in Libya where Moammar Gadhafi has lunched military attacks on rebel strongholds. One of the targets is the hub of Libya's oil and gas industries.

Charlie Sheen says he will fight to get his twin sons back. Authorities took him away after Sheen's estranged wife filed a restraining order.

And a new report says women still are not making as much money as men. The gender gap alive and well in 2011.

Just about an hour from now, the U.S. Senate should pass a bill to keep the federal government going. It's a stop-gap bill that covers two weeks and cuts spending by about $4 billion.

CNN's senior congressional correspondent Dana Bash is here with more details. So Dana, we're expecting the Senate to basically follow the House, right?

DANA BASH, CNN SENIOR CONGRESSIONAL CORRESPONDENT: That's right. There is virtually no question that the Senate will pass this would two week spending measure that you just talked about. But it is important to note, it is temporary. It is just two weeks. And what it effectively does is buys both sides time to negotiate, negotiate the very, very big gulf between the two sides on how much to cut in spending this year.

House Republicans, of course, passed $61 billion of cuts a couple of weeks ago and the Senate Democrats say that they do want some cut, but they haven't said how. Which brings me to my next interesting I think point about where we go from here because both sides say that they do want to negotiate, but House Republicans, Carol, at least a senior aide over there is telling me this morning they don't want to sit down and negotiate until they know exactly what the Democrats' plan is because they don't exactly. They don't have one yet.

The Senate democratic aide I talked to this morning said that they probably will put something out in the near future, but they are really pressing to not wait and to sit down with Republicans and just kind of game out what the negotiating position is.

Now, you might ask where the White House is in all this. I was told earlier this week, the White House will be involved in these negotiations when they start, but the question is, Carol, when are they even going to start. And the clock is ticking already towards the next deadline two weeks from now, March 18th. We're going to have to go through all of this again.

COSTELLO: Yes, and that looming threat of a government shutdown is still out there. There's a "Washington Post" poll that says in the public eye, the blame for the split, for the possible government shutdown 35 percent would blame President Obama, 36 percent would blame Republicans, and 17 percent would blame both. So what do you make of that, Dana?

BASH: Isn't that fascinating? I think that really speaks to why at least temporarily both sides are saying let's kick the can down the road and not shut the government down even though there are differences because the politics of this are really dicey. It's not entirely clear who would benefit and who would lose politically if in fact the government would shut down, at least based on that poll.

I talked to a Democratic source this morning who said "look, that poll was a little bit premature because about only a third of the country even have it in their consciousness that there is even a government shutdown looming and that when people recognize and see this, that, you know, it could be a different story especially if the president weighs in because what Democrats have been relying on is history and history did show the last time this happened, the last time Republicans are in charge in the mid-90s, the government shutdown and Republicans, by and large, were to blame at the polls.

So very unclear, though, the politics and that is why talking to White House sources and the sources inside House Republican leadership, nobody wants to do the shutdown.

COSTELLO: No and much of the American public doesn't want that either.

BASH: Great point.

COSTELLO: Dana Bash reporting live from Washington. Thanks so much.

BASH: Thank you.

COSTELLO: Now we move on to Libya where Moammar Gadhafi is unleashing new military attacks on rebel strong holds. Just about an hour ago, a bomb narrowly missed a CNN crew. They're in a town of Al Brega (ph), a vital hub of Libya's oil industry. Another target Gadhafi target, rebel camps near Edabia (ph). That's the correct pronouncer.

At the White House, there is a new debate behind closed doors. The Obama administration is considering whether to cut diplomatic ties with Libya. And two U.S. Navy warships are on their way to the region. As of now, they are positioned for a possible humanitarian role. But in a rambling three-hour speech, Gadhafi warned against any military action by the United States or its allies.

(BEGIN VIDEO CLIP)

MOAMMAR GADHAFI, LIBYAN PRESIDENT (through translator): There will be thousands and thousands of people would be killed if America or the Atlantic (INAUDIBLE) intervene in our country.

(END VIDEO CLIP)

COSTELLO: CNN's senior international correspondent Ben Wedeman is on the phone from Brega. And Ben, you witnessed this morning's air strikes. In fact it seemed you were the intended target.

BEN WEDEMAN, CNN SENIOR INTERNATIONAL CORRESPONDENT (ON THE PHONE): Well, not me personally, but I was with a large group of people including journalists and these basically militia fighters for the anti-Gadhafi forces. The plane flew right overhead at about 2,000 feet, I'd say, dropped and bomb that handed just about 40 yards from where I was standing. Nobody fortunately was injured in that incident, but it really underscores the ability, the continued ability of the Libyan Air Force to operate in the eastern part of the country.

Right now I'm at the main hospital in New Brega which is next to Old Brega, which according to the medical sources here, at least four people were killed and 23 wounded. And of course, that's just a partial death toll because others have been sent by ambulance to the Adabiya (ph) Hospital, which is about a 40 minute drive up the road from here. So it appears that a lot of people killed and wounded during this intense battle that's taking place in this town of Brega. Carol.

COSTELLO: Ben Wedeman, stay safe. We appreciate it.

One U.S. option that's been discussed is creating a no fly zone over Libya. Supporters of the idea say it would prevent Gadhafi's warplanes from bombing the civilians who peacefully oppose him. The U.S. has said all options should be on the table and just minutes ago, that message echoed on Capitol Hill.

(BEGIN VIDEO CLIP)

SEN. JOHN KERRY (D), FOREIGN RELATIONS COMMITTEE CHMN.: They do need the tools to prevent the slaughter of innocence on Libyan streets and I believe that the global community cannot be on the sidelines while airplanes are allowed to bomb and strafe. A no-fly zone is not a long-term proposition, assuming the outcome is what all desire and I believe we ought to be ready to implement it as necessary.

(END VIDEO CLIP)

COSTELLO: Senator John Kerry was addressing Secretary of State Hillary Clinton. There she is right now, in these live pictures. She's discussing the Libyan crisis, of course, before the Senate foreign relations committee. Pentagon officials have warn that had a no fly shown would be extremely difficult to enforce.

There is a crush of people trying to escape Libya's chaos and violence. 150,000 men, women and children want out, but there is chaos on the borders. Too many people, too few supplies. The United Nations have set up tents and is planning a pair of air lifts tomorrow. In the meantime, some of the essentials like water are in short supply. Our Arwa Damon spoke to some of the refugees on the Tunisian-Libyan border.

(BEGIN VIDEOTAPE)

ARWA DAMON, CNN CORRESPONDENT (voice-over): Escaping violence, chaos and cruelty in their thousands. Foreign workers trying to get out of Libya and into Tunisia. On their journey here, many were robbed or forced to pay bribes, even threatened with death.

Now they are within sight of safety. This metal gate, their last hurdle. Buckling under the weight of his suitcase, crushed by the tide of humanity behind him, this man collapses. His body is hauled over the gate. Teams are waiting to revive him. They have seen this so many times. "You're safe. You're in Tunis" this medic reassures him, but the man is so traumatized, he can't even say his name.

(on camera): Some of these people have been stuck in no man's land between the border of Tunisia and Libya for days now, desperate to get to safety. But the authorities appear to be increasingly struggling to keep the situation at this border crossing under control. The number of refugees here growing at an alarming rate.

(voice-over): Hundreds from Bangladesh have no chance of escape from this wretched limbo. Stranded on a tiny stretch of land between two neighboring countries.

Volunteers have been hurling fresh bread and water across into the masses. There is nothing for them on that side, (INAUDIBLE), a policeman turned volunteer tells us. "The Libyans are persecuting them. They don't even give them a loaf of bread."

Arwa Damon, CNN, on the Tunisian-Libyan border.

(COMMERCIAL BREAK)

COSTELLO: Oil and gas prices are still shooting up due to the crisis in Libya and fear the unrest could spread to other major oil producers. The price for crude oil is hovering around at $100 a barrel, standing at about $99.88. That's as of last check this morning. Gas prices soaring too. Take a look at this, a gallon of supreme gas at a Los Angeles station selling for more than $4. Nationwide, AAA says the average for a gallon of regular gas is about $3.39.

We have fires in Florida, floods in the midwest. It's a nasty March, Rob Marciano.

ROB MARCIANO, AMS METEOROLOGIST: But you're here in Atlanta, it's actually very nice. Can we have some lights please? Thank you.

COSTELLO: You need the sunshine. There it is.

MARCIANO: The last two days, that's the only time anyone's ever listened to me around here, I think.

COSTELLO: (INAUDIBLE) trying to tell you something, I don't know why.

MARCIANO: Not sure if we have the video of the fires loaded up, but if we do we can roll that and I'm going to talk about that, the fire, whether they're across parts of Florida. If not, we'll get right to it. There it is.

Fires across Florida, just near (INAUDIBLE) which is about 25, 30 miles away from the Kennedy Space Center. That's still burning. The other smaller ones a little bit farther to the north, they have been - we'll they're still burning, but they're contained. Slightly better weather the past couple of days.

All right. Now I'm being told we have some breaking news and there's a reason that the lights haven't been turned on for me. More important stuff. Carol, I'll toss it back to you.

COSTELLO: Poor Rob Marciano.

MARCIANO: No worries.

COSTELLO: I know, We have to go to Jeffrey Toobin now. There's been an important decision by the U.S. Supreme Court. Jeffrey, tell us what it is.

JEFFREY TOOBIN, CNN LEGAL ANALYST (on the phone): Well, this is the case of the Westboro Baptist Church, which is the very notorious group that has protested at various inappropriate places, including at the funeral of soldiers who were killed in the Iraq war. They basically said in these protest has it was good that these soldiers die because America is too tolerant of gay people.

The family of one of these soldiers who had been killed sued the Westboro Baptist Church and won an award of millions of dollars from a jury. Today by a vote of 8-1, the Supreme Court threw out that verdict and ruled for the Westboro Baptist Church and said that their protests were protected by the first amendment.

COSTELLO: So this is a terrible defeat for the family members who really want this sort of thing to stop because it's so painful for them.

TOOBIN: It is really a very painful case. You know, one of the famous definitions of the first amendment is freedom for the thought that we hate. And that's what this case is really about. But I have to say the result is not really a surprise.

This was expression that really is at the core of the first amendment. It was not disruptive of the funeral. It was kept at a distance and the court really had no trouble saying, "Look, this is extremely distasteful, we're definitely sorry for the pain that was inflicted on the family, but you can't penalize people for expressing their first amendment rights at a respectful distance even from a funeral. Based on the oral argument, this decision is really not a surprise much as it is a bitter defeat and much as it's painful to think about what Matthew Snyder's family has gone through.

COSTELLO: The interesting thing is remember a couple of months ago when Gabrielle wish that these Westboro church people they were going to picket at the funeral of the little girl that was killed while she was visiting Gabrielle Giffords and public opinion came out so strongly against these protests from the Westboro church. The Westboro decided not to do it. So maybe the most effective way of getting rid of these people is by this outpouring of public anger.

TOOBIN: Well, or public support for the victims of violence. You know, one of the things that happened in the Gabrielle Giffords situation, you know, the shooting of the little girl, was that a protester said they were going to organize a counter protest, they were going to establish a human wall preventing the Westboro Baptist Church from disrupting the service. That's really how the first amendment is supposed to work.

The cure for bad speech is good speech. Not lawsuits where people are sued for millions of dollars. I mean, I think everyone, any sane person, is extremely sympathetic to the Snyder family here. The pain of losing a son is bad enough, but to have Fred Phelps - the head of this so-called church. I mean it really is sort of an exaggeration to say it's a church and it certainly has nothing to do with the broader baptist church. It's really just one family, Fred Phelps and his crazy family. But what they were doing was expressing political opinion as horrible as they were. And that's what the first amendment exists to protect.

COSTELLO: That's right, freedom of speech in the United States. You're right. Jeffrey Toobin, we'll have much more on this. We're going to take a quick break. We'll be back with more.

(COMMERCIAL BREAK)

COSTELLO: We just told you right before that last break, that the u.s. Supreme Court has voted 8-1 to uphold the first amendment rights, free speech rights, for the Westboro Church. As you know, members of the Westboro Church have been picketing the funerals of soldiers who were killed overseas. And somehow they connect that to rights for gay Americans.

Let's go to Washington and Kate Bolduan. She has lot more on this decision and what it means. Take it away, Kate.

KATE BOLDUAN, CNN CORRESPONDENT: Hey there Carol, I mean, when you see that vote 8-1, that's a very big deal. But what we know from this ruling and what we're reading in the majority opinion is that the justices are acknowledges that this is a very unusual case. They were talking specifically about protesting at military funerals. And I have a quote given to me, from Supreme Court producer, Bill (INAUDIBLE), the majority opinion from Chief Justice John Roberts and it really sums it up. He says "speech is powerful. It can stir people to action, move them to tears, of both joy and sorrow, and as it did here, inflict great pain. On the facts before us, we cannot react to that pain by punishing the speaker." And of course when he mentions reacting to that pain, he's talking about the sorrow that Albert Snyder, the man who brought this suit against Westboro Church, that he felt and the pain that he had in having them picket at his son's funeral, Matthew Snyder, who was killed while serving in Iraq. I think it was back in 2006. We actually did a preview piece. I interviewed Albert Snyder, I was in the courtroom during oral arguments, Carol.

And it became clear when you were in oral arguments for this case that the justices were really struggling of where to draw the line between free speech and privacy. And the justices have long taken many steps to protect the rights of free speech no matter how reprehensible, how unpopular, how painful it really is. And we're seeing that kind of affirmed in this case.

COSTELLO: I know you haven't had time to read through the entire thing, but the one dissenting Supreme Court justice was Samuel Alito, right? We don't know why he made his decision that way.

BOLDUAN: We're going through it right now. But you really get the sense, I mean, quite often these days and I know you know this. I'm covering Samuel Alito, all the time, a lot of times, we see 5-4 decisions, 5-4 decisions and 5-4 decisions and when you see an 8-1 decision, it really shows there is an overwhelming obviously opinion, a strong opinion on one case and that's what we're seeing right here.

I mean, you see - (INAUDIBLE) majority opinion that they really sympathize with Albert Snyder, you could hear it in oral arguments months back. But what it comes down to, where to draw the line between free speech and privacy, you know, Ruth Bader Ginsberg, I remember her talking about it and really struggling with herself in oral arguments saying "how close is too close if people want to protest or speak out at a funeral? Is this a buffer zone? Is there not?"

Many states have tried to - because of Westboro Church, pass laws having to do with restrictions around such funerals and all of those cases have failed in federal court. And that's what it really comes down to, the Westboro Church members, Carol, as unpopular and unsavory as many people will say their speech is. They said if they were not protesting Matthew Snyder, per se, not protesting the funeral, they were using that as an opportunity on speak about a larger issue.

So it's not really what they were saying - it's not where they were saying it, but it was what they are saying that it really comes down to.

COSTELLO: I know you're itching to read that entire brief. So I'm going to (INAUDIBLE) - I know you. Thank you so much, Kate. We appreciate it.

BOLDUAN: Of course.

COSTELLO: New troubles for actor Charlie Sheen, police take custody of his twin boys. We're getting the latest.

(COMMERCIAL BREAK)

COSTELLO: "People" Magazine is reporting disturbing news about Serena Williams. Apparently, she was at some sort of event last Sunday when she suffered a pulmonary embolism. That's a blood clot in her lung. She was taken to the hospital, that was taken cared of. We believe she's OK, but she's still under a doctor's care. When we get more information on Serena Williams, we'll pass it along. But that's what "People" magazine is reporting today.

New trouble for actor Charlie Sheen. Police take custody of his twins. "Showbiz Tonight" host A.J. Hammer joins us now. You've got details on yet more drama in the Sheen house.

A.J. HAMMER, HOST "SHOWBIZ TONIGHT": Yea, Carol, just when you thought you've seen it all with Charlie Sheen. Now his ex-wife Brooke Mueller got a court order to remove their two sons from his house. Here's what members of Brooke's family told CNN. "Brooke went and had papers filed for a temporary restraining order and for a custody order today. An off duty sheriff, the attorney, Brooke and the nanny went to Charlie's house to get the boys. The kids are with Brooke and her mom and the nanny."

And the whole thing was caught on tape. Radar-on line posted video showing Sheen handing the children over and in the video you can actually hear, Charlie, telling the kids that he'll see them soon. It's really obviously pretty sad seeing his children now caught up in all of this.

Mueller has been dealing with her own substance abuse problems and the same members of Brooke's family are telling CNN that she's attending a sober living facility on a daily basis now. And the back and forth between these two is really picking up. Mueller reportedly alleges that Sheen threatened her and radar online has video of Sheen trying to prove Mueller is still using drugs.

And even before the sun was up in California, Sheen was continuing the media blitz. I don't think the guy has slept. He was live on the "Today" show this morning on NBC with his attorney telling the world about what happened with the kids and saying he didn't actually know where his boys where.

Let's listen to what Charlie said.

(BEGIN VIDEO CLIP)

CHARLIE SHEEN, ACTOR: Stupidly, this is on me. I assume they were going back to the house that they've been living in with Brooke when they're not with me. I think we got reports that they were at a hotel in Santa Monica somewhere. At this moment, online television, I do not know where my children are, but I'm not panicking. This is not about emotions. It's about getting very focused and getting much in touch with what I have to do to complete the task of bringing these two beautiful young men back to the home that they deserved to be raised.

(END VIDEO CLIP) HAMMER: You know, as erratic as Charlie had been behaving. I really noticed a change in his tone every time he has talked about his kids. And if you want to follow his story more closely, Charlie has just started his own Twitter account and it's got an impressive number of followers already, more than 600,000 people have already signed on. They're getting all kinds of tweets about his Tiger blood and Adonis DNA. Sheen has been tweeting this morning, asking fans for questions and saying "My sons are fine, my path is now clear. Defeat is not an option."

But Carol, I maintain that if he continues to speak out the way he has been speaking out, it becomes white noise at a point and I think he's just digging his hole deeper and dealership. But, again -

(CROSSTALK)

COSTELLO: A.J., let's face it, Brooke Mueller, didn't he hold a knife to her throat a couple of years ago? So there's already been a threat.

HAMMER: Last Christmas.

COSTELLO: Last Christmas, and isn't he now living with a porn star and another woman and this is the great household he wants these children - I mean, you just have to feel sorry for the kids. I mean, they're the ones that will really suffer through all this.

HAMMER: Yes, for sure. And that just shows he is I think pretty delusional about where his focus is right now. To think that the kids are best suited in that environment right now but this will continue to unfold really minute by minute at this point, Carol.

COSTELLO: I know. A.J. Hammer, thanks. If you can't get enough of Charlie Sheen on Face It, you can't. A.J. has got that and all the entertainment news this evening on "Showbiz Tonight" at 5:00 and 11:00 p.m. Eastern on HLN.

Women outpacing men in college attendance and getting degrees, but in the workforce, they still have some catching up to do when it comes to pay.

And these school kids are protesting in Idaho, they're protesting a bill that would give high school students free laptops and access to on-line classes. We'll it tell you why next.

(COMMERCIAL BREAK)

COSTELLO: Checking our top stories now. Libyan leader Moammar Gadhafi is firing on his own country today. His military jets dropped at least two bombs on areas mostly controlled by the opposition. A CNN crew watched as it happened. No one was hurt.

All eyes on Capitol Hill. In about 30 minutes from now, the Senate is set to vote on keeping the government going to another two weeks. The House passed the short-term spending bill yesterday. Two astronauts from the shuttle Discovery are walking in space right now. It is their second and last spacewalk of the mission. Astronauts Steven Bowen and Alvin Dew are work the international space station's cooling system.

The stock market opening bell rang just about an hour ago. So, let's check on the numbers. I can't see them anywhere, unfortunately, so - oh, there you can! Oh, they're up just a tad. They're up 15 points. There they are. So, there you have it.

More women are going to college and more are in the workplace. But a new White House report shows women still make less money than their male counterparts. CNN's Stephanie Elam is here with the lowdown. Stephanie?

STEPHANIE ELAM, CNN BUSINESS CORRESPONDENT: Yes, Carol, when it comes to this story, this is not really a surprise. We've known this for years and years and years. One thing this report found was that the gender pay gap is actually narrowing, but there's still a lot of work to go because they're saying when it comes to women what are making, it's sill 75 percent of what men make.

On one level, though, you talk about college, more women are going to college. In fact, surpassing men. More women are going to college, coming out with degrees. And women are still saying that a third of their family's total take home pay is coming from the women here.

But there are some changes. More women are not as likely to marry. We're seeing that in 2009, 62 percent of women were married; 15 percent said that they had never been married. In 1970, compare that to 72 percent of women who were married.

Also women today are maybe not having children or they're waiting later to do so. In fact, they said that 22 percent of women are having their first child in their 30s, while they're seeing numbers for the first time of women having babies in their 40s - that number is at the highest its ever been.

So, some changes there. But obviously, when you look at the overall picture, still lagging behind men in a lot of ways, even when comes to crime. The number of violent crimes have gone down towards women, but they're still more likely to be targets of stalking and domestic violence. So, some improvement, but still a lot more can be done, Carol.

COSTELLO: Yes, I certainly agree with that, being a female.

(LAUGHTER)

COSTELLO: You have another report to tell us about, this one concerning paychecks for this year's college graduates. And it might be kind of a good report?

ELAM: Yes, actually, this one is good for the women out there who coming out of college perhaps this spring, this is something for them to keep in mind. But it applies to everyone coming out of college.

They are getting bigger offers for their starting salaries. This is the first time we've seen this since 2008. And obviously this is a big deal because we know what the economy's been through. But the average starting salary, you can see there, right above $50,000. And that's up 3.5 percent from last year.

Now, employers are also planning to increase the number of college grads that they will hire by 13.5 percent from a year ago. And business majors are seeing the largest bump. They're actually seeing their average salary jump by almost 2 percent to 48,000, just about.

Civil engineers, however, not a good year for you. Actually down about seven percent from a year ago for that average starting salary. Liberal arts majors, though, this is going to be good for you. Ip 9.5 percent will this year versus last year. That's a big jump. So, their average starting salary about $35,633 is the number they have there. Last year, they had a drop, Carol, of 11 percent. So, looking better for folks coming out of college.

COSTELLO: OK, that makes me smile. Stick around, OK, because I'd like to get your thoughts on this next story. Beginning this fall -

ELAM: Uh-oh.

COSTELLO: Yes - beginning this fall, Stephanie -- Rutgers University will allow male and female students to live in the same dorm room. Not the same dorm, but in the same dorm room for the first time.

ELAM: Room!

COSTELLO: Room! It's part of a pilot program at Rutgers called gender-neutral housing. About 20-30 students will be allowed to choose roommates regardless of gender. University officials decided to try the program after the death of Tyler Clementi. And you may remember, he was the freshman who committed suicide last semester after students allegedly videotaped a sexual encounter between him and another man, and then posted it online.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Yes, the whole event that occurred, really, like, affected Rutgers. And I feel like this is them, like, reaching out and, like, making a change.

UNIDENTIFIED MALE: I think it's good PR for the university. Whether or not they were thinking about this before the whole Tyler Clementi thing is another issue.

UNIDENTIFIED MALE: Nobody should be forced to live with somebody that they don't want to live with.

(END VIDEO CLIP) COSTELLO: Well, that's very true, but Stephanie, the thing that kind of confuses me is they think somehow this is going solve the problem and that stuff like that won't happen anymore because young men and women can live in one room together if they want to.

ELAM: Yes, I think the thing here, though -- it was alleged that it was Tyler's roommate that did this -- that's the idea behind this.

But I think the main thing, there's two things. A lot of parents who are paying for the college education of their children might have a thing or two to say about that, especially if you're talking about freshmen. That might upset some people.

But also, I think overall, the more important thing is don't have people live together that don't like each other, that don't respect each other. That may be the bigger issue here in helping these kids get through college. It's a weird situation to show up at a dorm without knowing who you're going to live with for a whole semester.

COSTELLO: Right. And such a long process if you want to change roommates.

ELAM: It's a long one. Yes, such a big deal. And it will it will only be like for 20 or 30 students, so it's not going to change a lot for a lot of people at Rutgers. But at least they're trying.

COSTELLO: We'll see what happens. Stephanie Elam, thanks for playing along.

For a long type, the tenants of education were reading, writing and arithmetic. That last one is a big factor right now because when the states look at their education budgets, the math doesn't add up. Today in Idaho, lawmakers are hashing out a measure to handle their $62 million budget shortfall. These students, high school students, are protesting against the teacher cuts in the bill. If that bill is passed, it will mean bigger class sizes, fewer teachers and more technology for these kids.

Part of the proposal? Each high school student will be required to take at least four online classes.

Several states are looking at online courses to fix their own education budget problems. But does it work? Will it work? Does it help our kids? CNN education contributor Steve Perry is never one who is shy to share his opinions. So, I'll ask you straight up, are online classes a good choice for schools?

STEVE PERRY, CNN EDUCATION CONTRIBUTOR: First of all, let me say I'm so proud of the students for standing up for what they believe in. Unfortunately, they're misdirected. But I do think it's great thing that they're standing up for what they believe in.

Online courses are what we're doing. The entire country and world is learning online. How amazing is it that we can learn from the best of the best everywhere in the world? It's not just sitting there typing in. It's just like we're using here with Cisco. We can communicate all over the world, so you can have a biology class in Hartford, Connecticut and what you learn from a medical professor at Harvard or at Rutgers. You can do that because of online services.

The students are already learning from online. We're all learning from online. If you want to figure something out, you go online to figure out how to do it.

COSTELLO: Yes, but Steve -- some of these students who were protesting in Idaho say we want more one-on-one time with our teachers. That will help us learn better. We're not getting that right now, and now you want to take more of it away.

PERRY: This is about teachers keeping their jobs. That's what this is about. It's not about the wave of the future. Some students may want more one-on-one time. But you can think back maybe to college and a time when one of the things you would do is you would record your professor's lectures. And now professors are putting their lectures up online.

This is the way in which children are learning. When a child wants to learn something, when they want to learn something about a system that they've purchased, they go online to figure it out.

It's not impersonal. We can have a conversation just like you and I are -- online. It's one-to-one.

COSTELLO: You know, that's true. And I totally get that. But as far as teaching kids to think creatively, as far as having an intellectual conversation face-to-face, nothing can really beat that. We're not teaching kids to think independently in our schools. Isn't that one of the problems?

PERRY: Carol, no. Because people are meeting the person that they end up marrying online. So, clearly you can have personal conversations online. We know that right now we have access to information, and as a principal, I'm limited to the 20-mile radius that somebody's willing to drive to be able to choose a talent pool. Why would we limit education when the world is becoming so much smaller?

In places like Idaho, where you have a small school or you have a school that's a rural school, they don't have access to all the other things. I'll give you a very specific instance. In our school, we offer Spanish as our language because we're a small school. We can't hire a bunch of language teachers. However, we have children taking as many as seven languages because one of the ways in which we do it is we give them access to an online language program.

So, we have children learning Mandarin and some of the Arabic languages - I mean, dialects. We have that because we use the online services. And when I talk to some of the parents who are really well thought out, the smartest parents that I've worked with, those are the ones who say "I want access to online courses." They understand because they're the most sophisticated and they want more access. People are receiving their entire doctorates online.

COSTELLO: Yes, forget about those other parents that don't really, like, buy into online -

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PERRY: Hey, man! I -- the people who know, the people who know, are telling the truth. We can get our children access to the most talented educators on earth and not simply be limited by the individuals.

I met two educators in North Carolina. I would love to hire both of them. They're not moving to Connecticut. I could have my children have access to them if we could just Skype them into the classroom.

COSTELLO: I'm hearing you! I'm hearing you. We're going to have to debate this thing in (INAUDIBLE). Thank you very much, Steve Perry for joining us.

PERRY: We'll do it online!

COSTELLO: It was fun! I like that. Yes, we'll do it online!

The former attorney general is a defendant in a civil rights case. A Muslim man is suing over the way he was treated after 9/11. Today, the Supreme Court will hear the case. We'll talk more about that in just a few minutes.

And here's an honor no one wants. Forbes.com has put out a list of America's most toxic cities based on things like super fund locations with hazardous materials and air quality. Baton Rouge, Louisiana finished at No. 5. New York City finished fourth. Then Fresno, California.

Wonder to know if you're living in one of the top two cities? We'll reveal those right after this break.

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COSTELLO: Now let's find out if you're living in one of the five most toxic cities in America, according to Forbes.com. Baton Rouge came in fifth, New York City, then Fresno. Bakersfield, California. That's 110 miles from Fresno. It came in at number two. And the number one toxic city - I don't even know if we should do a drum roll for this one - it's Philadelphia, the City of Brotherly Love. It was named the most toxic city in the country.

Just a short time ago, the U.S. Supreme Court ruled that had Westboro Baptist Church has the right to protest at places like funerals for fallen troops. The tiny Kansas church and its handful of members is known offensive signs and stage protests at funerals. The father of a fallen Marine had sued to stop them. This is a terrible defeat for him.

The high court is hearing another case today, too, against former attorney general John Ashcroft. A Muslim man is suing over the way he was treated after 9/11. CNN's senior legal analyst Jeffrey Toobin joins us to talk about this case. So, give us a little bit of background before we get into it, Jeffrey. JEFFREY TOOBIN, CNN SENIOR LEGAL ANALYST (via telephone): Well, it's really pretty straightforward. Mr. Al-Kidd is a Saudi citizen, I believe, and he was held as a material witness. He was not arrested for any crime. He was not charged with any crime. But he was held for a time as a material witness, which a lot of people don't know, the government can keep you in custody even if they only think you're a witness to a crime.

He was ultimately released, and he filed the lawsuit against the then-attorney general, John Ashcroft, saying this policy was a violation of his and other people's rights. The Ninth Circuit Court of Appeals declined to throw the case out at the beginning, and the question is, does John Ashcroft as the former attorney general have immunity, have freedom from being sued in this way?

COSTELLO: So, if Mr. Ashcroft doesn't have immunity, if that's the ruling, what might happen to him?

TOOBIN: At that point, the case would proceed to its next stage. Now, it does not mean he would personally be held liable. There hasn't been a trial, there hasn't even been much discovery in this case. This is a case simply about, does he even have the right to file the lawsuit? If the Supreme Court rules in his favor, he will then have the right to start the machinery of the law: taking depositions, getting discovery. But there is certainly no verdict yet in the case.

COSTELLO: Right. But I know you're watching for one. So, we'll get back to you if that happens today or tomorrow. Thank you so much, Jeffrey Toobin, for joining us.

TOOBIN: Sure thing.

COSTELLO: CNN has just learned about this. It's about a shooting outside of a terminal of the Frankfurt airport, Germany. There's early indication that the shooting took place inside of a U.S. military bus. We understand that two people are dead, and one is severely wounded.

One man has been placed under arrest. We're working the story and, of course, we'll bring you more information as soon as we get it into the CNN Center.

We're going to take a short break. We'll be back with more.

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COSTELLO: We have a bit more information to tell you about what's happening in Frankfurt, Germany, and it is not good news. Two U.S. soldiers are now confirmed dead. They were shot by someone on a U.S. military bus at Germany's busiest airport, in Frankfurt.

Fred Pleitgen is in Berlin. He joins us by phone. What more do you know?

FREDERICK PLEITGEN, CNN INTERNATIONAL CORRESPONDENT (via telephone): Hi, Carol. Yes, we're still trying to find out the details of what happened, but I just got off the phone with the spokesperson for the local police there. He said all this happened outside of terminal two at Frankfurt airport, which is a very busy one and one that's actually often used by American soldiers going through Frankfurt. And of course, there's also a lot of military bases, U.S. military bases, in that area.

He says it's not clear when or not the shooting actually happened on the bus or whether the assailant went and shot at the bus from the outside. What we are hearing is that one person is now in custody, which appears to be the shooter. At least another person additionally to those two who have been killed is in critical condition after that shooting.

At this point, it's not clear whether or not both of those who were killed are actually American soldiers. There are conflicting reports on that. It appears as though one of them at least is an American solider. But as I said, right now, the police are still working on the details. A lot of them are on the scene right now. But one person is in custody. Two are confirmed dead on that U.S. military bus right outside of the Frankfurt airport terminal two, Carol.

COSTELLO: So, Frederick, I'm probably going to ask you a question you don't know much about because the investigation is in its early staging. But this person in custody - United States citizen? German citizen?

PLEITGEN: Looks like it's not a U.S. citizen. At least this is from the initial reports that I'm getting. I'm also looking at a couple of media reports, some German media. Some are saying it's possibly a Macedonian citizen, but it does not appear to be someone from the U.S. Might be a German citizen as well.

Really, right now, it's still unclear. What some reports are saying is that he's possibly in his early 20s. He's literally just been arrested, so we'll have to wait and see for the investigation. But all indications are that this is not a U.S. citizen who did this, Carol.

COSTELLO: I was just kind of wondering what kind of weapon was used?

PLEITGEN: That's unclear, either. Appears to be either a rifle or a pistol. Certainly nothing of any larger caliber are the indications I'm getting right now. But again, that's something where the spokesperson wasn't very clear because it appears as though he's still trying to get information from the actual scene of the crime. He still seemed to have been in his office, making his way over there. Although he's getting updates all the time. But it's not clear what kind of weapon was actually used in all of this. But it doesn't appear to be something of any larger caliber, any sort of assault rifle or something, Carol.

COSTELLO: And the shooting took place inside the bus. So, I'm just using my imagination to understand how the gunman was stopped. PLEITGEN: Well, that's a very good question. That's something that we're sill trying to find out. But it appears other people on the bus might have overwhelmed this person after he shot those two people.

Again, it's not clear, though, whether he was on the bus or in front of the bus. That's something that they weren't sure about just yet. But it appears as though he was overwhelmed quite quickly, although a lot of people on the bus appear to be injured, as well. One, as I said, in critical condition. But that still is also very much unclear at this stage. But if he was on the bus, then the possibility of course is very large that he was overwhelmed by people also on the bus.

And also, keep in mind that right now at these German airports, the securities has been upgraded considerably after the Germans felt there were terror warnings against their country. So, there is a lot more police presence at those airports, as well. So, it's more than likely that you would have had armed German policemen with at least rifles, automatic weapons, on the scene very quickly, Carol.

COSTELLO: And there is a large U.S. military presence in Germany. Tell us about that.

PLEITGEN: That's a huge U.S. military presence still in Germany, and of course, especially around the Frankfurt area. There's a bunch of bases around the Hana (ph) area, around Frankfurt. The U.S. Air Force, of course, has a massive military base in Ramstein, as well. There's a lot of U.S. soldiers who actually fly through the Frankfurt area, fly through Ramstein, and then go on from Frankfurt airport to the U.S. when they come out of places like Iraq and Afghanistan.

So, this is certainly an airport where I can tell you, you see very frequently U.S. soldiers who get picked up there, U.S. soldiers inside the terminal. So, this is not something where - it's not something that is out of the question to see American soldiers on the ground there. Yes, there is still a big presence - both the Air Force as well as the U.S. Army, especially in the Frankfurt area. And a lot of them use the Frankfurt airport --

COSTELLO: Frederick, Frederick, our international viewers have just joined us. Can you recap the situation outside of the Frankfurt airport for us once again and tell us what happened?

PLEITGEN: Sure. Sure, absolutely. Well, the indications, as I said, from the Frankfurt police whom I just got off the phone with, is that they have confirmed that two people were killed on a U.S. military bus at terminal two of Frankfurt airport. It's still unclear whether or not the shooting happened on the bus or off the bus. It appears to be clear that both killed appear to be U.S. soldiers, at least one person also a U.S. soldier is in critical condition.

And the alleged shooter has been taken into custody by the police. He appears to be in his early 20s. He's now been taken into custody. And again, the police are still getting early information from that area. They're still not clear as to exactly what happened. But certainly, they can confirm that someone stormed that bus, not sure whether he got in it, shot at the bus, shot at people inside the bus, killing two and wounding at least one person severely.

COSTELLO: And Frederick, you're hearing local news reports in Berlin where you are, saying that man may be Macedonian?

PLEITGEN: Those are reports that I'm seeing in local German media. So, that could very well be the case. Some people are saying Macedonian. There's also one report now saying that he was perhaps from Kosovo. There's no reports indicating that this in any way could be a U.S. citizen or that this might have been a German citizen. So, those are the early indications that we have.

And we were talking about the weapon that was possibly used. Again, no real confirmation as to when or not that was an assault rifle or whether that was a sort of a smaller caliber weapon at this point. But again, the investigation still in the very early stages as police are now getting to the scene of the crime. And as I said, one person has been taken into custody. And they were telling me they are very sure that this was indeed the shooter. Carol.

COSTELLO: Well, if it is a person of another nationality that opened fire on this U.S. military bus, they were targeting U.S. soldiers, right? I mean, have there been threats against U.S. military personnel in Germany in the past?

PLEITGEN: Well, there have been -- sure, there have been threats against U.S. military personnel in the past. I mean, just a couple of years ago, we had a massive threat against the Ramstein air base and there have been smaller-scale threats in the past, as well.

And certainly, from talking to U.S. soldiers, a lot of people were concerned. A lot of American soldiers overseas, and in Germany in particular in the past had been concerned about their security situation at bases in Germany. Certainly the U.S. military from what we hear is doing everything that they can to secure their bases. But at some point, there are going to be soldiers who are in transit.

Now, what I heard from U.S. soldiers who were coming back from places like Iraq and Afghanistan is they do by and large feel very safe in Germany. But certainly, there had been threats in the past and some very real threats where police took action, Carol.

COSTELLO: Frederick Pleitgen, thank you so much for giving us that information. A disturbing story out of Frankfurt, Germany. A man opens fire on a bus filled with U.S. military personnel, U.S. soldiers. We understand early reports are telling us that two U.S. soldiers were killed. Another person was critically wounded. And many more injured.

We'll have more later. We have to take a break now.

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