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CNN Live Saturday

Ariel Sharon's Illness May Have an Impact on Those All Over the World. Wal-Mart is Being Called Racist After a Web Site Error. Press Conference By Dr. Richard Shannon Details Treatment, Hopeful Progress Of Miner Randal McCloy; Rep. Tom Delay Announces He Will Relinquish Fight To Regain Majority Leader Position In Congress; Ariel Sharon Condition Still Very Grave, But Stable After Two Rounds Of Surgery

Aired January 07, 2006 - 14:00   ET

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

DR. RICHARD SHANNON, ALLEGHENY GENERAL HOSPITALP: ... volume status and use of anti-inflammatory agents that we can maintain this stability. In addition, I'm pleased to report, that the muscle injury continues to resolve at an increasingly rapid rate, with declines in the blood level of the muscle enzymes that we have been following. His liver function also continues to improve and the function of his heart has also improved considerably overnight, particularly his right heart function.
So, many of the organ systems that we were attempting to support, appear to be responding to therapy and Mr. McCloy had a very restful and I think very productive evening, and early morning.

With his clinical stability we decided this morning to re- evaluate his neurological status. As you have all learned by now, we do that in two ways. One is to do the CAT scans, which give us a look at the brain's anatomy. And the second is to wake him up by reducing the sedatives and to try and get a very crude assessment of his neurological function.

The CAT scans this morning demonstrated that the areas of small hemorrhage and the edema around them are better. And there appears to be no further edema in the white matter, no further new areas of infarction. Again, this may be attributed either to improvement as a result of just a general, natural healing process, maybe also as a result of the steroids, which will help reduce the brain edema. So anatomically the brain looks as if there has been some improvement. That improvement is mostly in the edema.

Clinically, when we've stopped the sedatives and lightened up on the medically induced coma, Mr. McCloy does move spontaneously. He does flicker his eyelashes, all his brain stem functions appear to be intact. He bites down on the tube. He begins to develop attempts to swallow, so all of this suggests that, indeed, you know, he is awake underneath our coma. And that our hope is that with continued treatment with the steroids, and with potentially some additional hyperbaric treatments that we can continue to see some evidence of neurological improvement.

We have neurological improvements, clearly, on the CAT scan today, less edema, and he appears to wake up when we lighten up on the sedation.

As a result of all that, he is, as we speak, undergoing his third hyperbaric oxygen treatment. The treatment, again, is scheduled to last about 90 minutes. He is being monitored very carefully by Doctor Zekosis (ph) team to make sure that nothing happens to that left lung under the influence of the high atmospheric pressures that are part of the treatment. And I think that we will monitor him extremely carefully following the treatment to be certain that we don't lose any of ground we've gained with respect to his improved lung function.

Again, it's hard to give you a hard measure by which we can say that the treatments improve brain function. We're really doing this for the hope, in the long term, that there will be neurological recovery. I have to say, in the three days that we've been working with Mr. McCloy, I'm really pleased to report we have seen substantial improvements and I guess with that I'd be happy to answer your questions.

QUESTION: (OFF MIC)

SHANNON: Edema is swelling in the brain that occurs as a response to little schemic (ph) injuries or inflammation.

QUESTION: (OFF MIC) about how the family has really been there and you were telling us about their faith and their support. I know you are a scientist, but can you tell us from your personal view, how important to a patient's recovery is that kind of support, having that around them?

SHANNON: Let me just say, personally, it is very important to the care team. It's extremely important to have all of the positive love and affection that one sees. It deeply engages all of us in our work, and so that's for sure an effect that I can tell you is personally measurable on myself, and certainly on the nurses. And I have to tell you they have been the guardian angels of Mr. McCloy. The nurses in the trauma unit have just been surrogate mothers at every moment with him.

And so you feel all that and, you know, I have to believe that, as I'm sure you do, that when you're feeling love and affection you feel better, even if you're asleep. And I think that's the effect of all of this outpouring.

I can tell you the family has simply been absolutely supported by your supports and consideration, and the outpouring of support that has come from virtually every corner of the nation.

QUESTION: Can you explain how the hyperbaric oxygen treatments affect the left lung? Could you go into a little more detail on that?

SHANNON: The concern is that the hyperbaric chamber is increasing the atmospheric pressure, so that there is additional pressure on the lung, sort of like a diver going down deep into the water, that increased pressure can result in compromise to the lung -- the bends. And as a result, we are concerned that this injured lung may be more susceptible to that and in the presence of the dry air in the chamber and the high pressure may have a tendency for the airways to collapse.

And we are, you know, concerned that that may have helped or may have to a certain extent aggravated some of the lung conditions yesterday and that's why we wanted to get the lung better before we initiated the treatment. Our goal, principally here at AGH has been to provide this extra care in the form of the hyperbaric chamber. But to do that we needed to make sure the lung was going to tolerate the treatment.

QUESTION: Dr. Shannon, you have been talking about the hyperbaric oxygen treatment to prevent long-term effects of the brain injury. Maybe you can talk about the scientific evidence for that. What is the level of evidence that this could actually prevent the long-term complications? Is it anecdotal? How many people are we talking about, are there good, controlled experiments?

SHANNON: Sure. There are probably five trials. The quality of the clinical data is variable. The data that we have been using is based upon a trial that was published in "The New England Journal of Medicine" in 2002, in which a group of severe -- of individuals exposed to severe carbon monoxide poisoning had the hyperbaric oxygen treatments performed for a period of anywhere from one to six treatments, with then objective measures of neuro-cognitive function performed at six months and one year.

And in the group of individuals who had hyperbaric oxygen treatments the incidence of neuro-cognitive impairments was significantly lower, by about half than in the group that was treated with normal baric oxygen.

I must point out there are other studies in the literature that have shown no benefit. These have largely been in patients who have not had severe carbon monoxide poisoning. But, as a result I wouldn't say there is a consensus but, again, the whole theory has been we wanted to afford this young gentleman every opportunity and he certainly had severe carbon monoxide poisoning, and that was the reason we proceeded.

CHRIS HUNTINGTON, CNN CORRESPONDENT: Dr. Shannon, Chris Huntington with CNN.

He's been out of the mine now for almost four days. What sort of feeding or nutrition has he received in that time?

SHANNON: He's been receiving tube feedings through that period of time. I don't know exactly what the formulation is. I don't remember. But gut has been functioning and so he has been receiving intermittent tube feedings.

QUESTION: Are you surprised by the improvement he gained overnight? I know you said you were going to talk about that he has all these different things going on. Is this what you expected or is this even better than expected? SHANNON: I'm not so sure "surprised" is the right word. I'm gratified. I think when we began to try -- we began to understand yesterday what we thought was the genesis of his lung injury, the consideration to aggressively remove volume with the dialysis, and the use of steroids are what we thought might help. And it looks as if that's the case. I don't want to say that one or the other necessarily had more of an influence, but I think, importantly, we saw dramatic effects. And that would indicate that both inflammation and fluid were probably contributing to the problem.

QUESTION: The dialysis of the lung?

(END LIVE FEED, IN PROGRESS)

GERRI WILLIS, CNN ANCHOR, CNN SATURDAY: All right. You've been listening to Dr. Richard Shannon the Chairman of Allegheny Hospital, who has been treating the lone survivor of the West Virginia mine disaster, Randy McCloy.

And good news today; very good news, indeed, today on Randy McCloy. The doctor says that this miner is doing better on two scores. First his left lung, that had collapsed; and, secondly, his brain. X- rays of his chest show his lungs are doing better, the doctor says. In fact, "dramatically better", a direct quote.

His brain is also doing better, which they've been able to view using a CAT scan. The hemorrhages in his brain, small areas of bleeding are getting better. The doctor says, quote, "We've seen substantial improvement." Very good news there for a family that I know needs to hear it.

Turning now to a political shocker in Washington, we have lots of news today.

After vowing to fight on to try to regain his position as House majority leader, Congressman Tom DeLay has now decided to permanently give up the post. Responding to DeLay's decision, a spokesperson for the White House says, quote, "We respect Congressman DeLay's decision to put the interests of the American people, the House of Representatives and the Republican Party first."

Our Congressional Correspondent Ed Henry is with us now on the phone from Washington.

Ed?

ED HENRY, CNN CONGRESSIONAL CORRESPONDENT: Gerri, he's been battered by two major scandals and Tom DeLay finally revealed this morning to Speaker of the House Dennis Hastert, he was officially stepping aside for good as majority leader. He first stepped down, as you know, from that post last year after he was indicted in Texas on charges of conspiracy and money laundering.

He has maintained his innocence and insists that he will be vindicated and has been insisting for weeks and months now that he would get his job back but then the Republican Party, in general and DeLay in particular were rocked this week by the second scandal. Lobbyist Jack Abramoff's plea deal with prosecutors; he has agreed to testify against about perhaps two dozen lawmakers and congressional staffers including potential testimony against DeLay, former DeLay aides.

Rank and file Republicans fear that even if DeLay turns out to be vindicated down the road, he has just become the face of Republican ethics problems, if you will. And if he came back it would help Democrats make this case in November in the mid-term election that there is a so-called Republican culture of corruption.

There is great fear that that will really become the dominant issue in November so yesterday a coalition of moderate and conservative Republicans circulated a petition demanding a new election, a leadership election to elect a permanent majority leader as replacement for DeLay. The pressure just got too intense for him.

I'm told that various Republican Party elders sent signals to DeLay it was time for the good of the party to step aside. Delay is out now. The only questions now really to answer, who will replace him, and will the shake-up be any bigger? Will there be other heads to roll? And for that you have to stay tuned, Gerri.

WILLIS: Ed Henry, thank you so much for that report.

Stay tuned. We'll have more on Israeli Prime Minister Ariel Sharon's situation. More details, more news, right after the break.

(COMMERCIAL BREAK)

WILLIS: Now to the Middle East, in Jerusalem, Israeli Prime Minister Ariel Sharon remains in critical but stable condition at this hour. While he is showing some signs of improvement, doctors say the Israeli leader is not out of danger. For the latest now from CNN's Fionnuala Sweeny in Jerusalem -- Fionnuala.

FIONNUALA SWEENEY, CNN INT'L. CORRESPONDENT: Yes, Gerri, about three hours ago we had the first official assessment in 24 hours about the state of Ariel Sharon's health. It was perhaps slightly more upbeat than we've come to expect of late.

However, the Professor Shlomo Mor-Yosef, who is the director of the Hadassah Medical Center here in Jerusalem, speaking to reporters, was very, very careful to underline the seriousness of Ariel Sharon's condition and that while he is stabilizing it is extremely serious for him.

(BEGIN VIDEO CLIP)

SHLOMO MOR-YOSEF, DIR., HADASSAH MEDICAL CENTER: Prime Minister Sharon, as I said, is still at risk. There is an improvement in the CT scan results, which is a slight improvement in the edema. We'll be able to tell something about the meaning of this improvement only when we slightly reduce the depth of the anesthesia which we'll do the next few days.

(END VIDEO CLIP)

SWEENEY: So Ariel Sharon's brain scan earlier this day showed that there is a slight reduction in the swelling. Also, the vital signs are normal. The left part of the brain seems to remain intact. And doctors will now meet in the morning, again, to assess his condition following another brain scan.

And if that is to their satisfaction they will then attempt to take him out of that deep coma into which he has been medically induced. If he responds and they'll be looking at this process over a period of hours, if he begins to react to pain, if he begins to show responses they will be very happy with that. It is an indication that he is improving and then they will be able to determine any damage that has been done to his brain. But as the spokesman said to us afterwards, he said, if there is no reaction, then that is bad news -- Gerri.

WILLIS: Fionnuala Sweeney, thank you for that report.

And this programming note. Israeli Vice Premiere Shimon Peres will speak with CNN's Wolf Blitzer about Prime Minister Ariel Sharon, coming up tomorrow on "Late Edition" live from Jerusalem. It begins at 11:00 a.m. Eastern.

Firefighters across Oklahoma and Texas brace for more wildfires this weekend. Part of it, they say, is due to the continued dry, windy weather. Oklahoma City fire officials say they fought 43 blazes last Sunday alone; and in Texas 35 new fires started between Thursday and yesterday morning. State officials think arsonists may be responsible for up to 70 wildfires.

Let's get a weather update from Meteorologist Monica McNeal.

(WEATHER FORECAST)

WILLIS: A Minnesota man and Vietnam war veteran is keeping a public tally of U.S. casualties in Iraq. You might be surprised to find out where he's placed his display. That story is next.

And still to come, why Wal-Mart was shocked and embarrassed by what happened when its online shoppers did a search for the "Planet of the Apes" DVD.

(COMMERCIAL BREAK)

WILLIS: In Iraq a suicide bomber wounded at least 13 people earlier today in Baghdad. Among them, half a dozen Iraqi police officers. The bomb went off as an Iraqi police patrol was passing by.

And a U.S. congressional delegation is in Iraq to get a first- hand look at the situation there. Members of the bipartisan group are meeting today with American troops and military commanders. The visit comes after a stop in Israel. Tomorrow the senators leave for Qatar and then it is on to Afghanistan and Pakistan.

Also at home, one Vietnam war veteran's effort to draw attention to the situation in Iraq has some of his neighbors up in arms. Jason Carroll has that story from Duluth, Minnesota.

(BEGIN VIDEOTAPE)

JASON CARROLL, CNN CORRESPONDENT (voice over): Superior Street in Duluth, Minnesota. An average street in a small town, with a national debate over the war in Iraq becoming personal. All because of a sign. It has pit neighbor --

CHUCK HORTON, DULUTH RESIDENT: When I saw the sign I was really angry.

CARROLL: Against neighbor --

UNIDENTIFIED MALE: I have very little problem with where he put it.

CARROLL: Soldier --

UNIDENTIFIED MALE: Pretty tacky.

CARROLL: Against senator.

STEVE KELLEY, STATE SENATOR: We're not going to back down just because it's difficult.

CARROLL: This is the man who started it all, Scott Cameron, a Vietnam veteran.

SCOTT CAMERON, VIETNAM WAR VETERAN: When I put it here originally, all right, I thought it would be taken with open arms.

CARROLL: Cameron is against the war in Iraq, but says he created the sign to draw attention to veterans' rights. The past month he has been keeping a tally of the number of U.S. soldiers killed in Iraq and posting it in the office window where he volunteers, a campaign office for Minnesota state Senator Steve Kelly, who is running for governor. The office is right next door to an army recruiting center.

(On camera): What point are you really trying to make here? Or are you trying to make a point?

CAMERON: Oh, very much so. I'm trying to make debate.

CARROLL: Some of the soldiers next door say they don't want to debate when they're coping with the loss of their comrades in Iraq. Cameron's sign, to them, is an insensitive reminder.

SGT. GARY CAPAN, U.S. ARMY: It's like, you know, if you worked in an office and someone died some kind of death, you know, the office space next to you puts up a sign saying how they died, you'd have to see that every day.

CARROLL: Sergeant Gary Capan asked Cameron to move the sign and when Cameron refused he thought that was the end of it. But then the local media picked up on the story. It wasn't long before Sergeant Capan started getting messages and letters. UNIDENTIFIED FEMALE: I'm pretty disturbed about what I've seen.

CAPAN: "Please don't inject your perverted misunderstanding into minds of young, unexpecting recruits."

I just take them and I throw them in the garbage.

CARROLL: Some people in Duluth say that is exactly where it belongs. Chuck Horton coaches boxers at the Veterans hall. He's a veteran of the first Gulf War.

HORTON: I went right to anger. When I saw the sign -- I think it's pretty transparent that it's a political ploy.

CARROLL: At a nearby cafe, Karen Sather couldn't disagree more.

KAREN SATHER, DULUTH RESIDENT: I appreciate that it's next door because of the fact that it makes people more aware. It makes you more aware, coming here, being on national news.

CARROLL: But Sergeant Capon says some people are missing his point.

CAPAN: We just were hoping out of consideration for the guys in the office that are offended, that they just simply move it somewhere else, to a better location.

CAMERON: I support the gentlemen next door. I have total respect for our troops.

CARROLL: Their feeling is you can best support us by taking the sign down. Is that going to happen or not?

CAMERON: No, it's not.

CARROLL: And so while there is a standoff, the debate continues. Jason Carroll CNN, Duluth, Minnesota.

(END VIDEOTAPE)

WILLIS: From hope to heart break, "CNN Presents" brings you a one-hour, in-depth look at the Sago mine tragedy. That's coming up at the top of the hour. But first, up next, why this may be the most feared man on Capitol Hill. We'll tell you why the guilty plea of a powerful Washington lobbyist may have some lawmakers running scared.

(COMMERCIAL BREAK)

WILLIS: "Now in the News": The doctor treating the lone survivor of this week's mine explosion announced within this half hour that Randal McCloy's condition continues to improve. The 26-year-old suffered lung and brain damage from carbon monoxide poisoning following Monday's blast that killed 12 other miners.

And doctors in Jerusalem say the swelling in Prime Minister Ariel Sharon's brain has improved, but he still in critical condition. Sharon has undergone three rounds of brain surgery after suffering a major stroke Wednesday night.

The British embassy in Amman, Jordan, has been closed for what officials are calling security reasons. The British government says terrorists may be in the final stages of planning attacks against westerners and places they visit. Officials also called for extra care at Jordan's borders with Israel and Iraq.

Republican Congressman Tom DeLay announced he is permanently giving up his post as House majority leader. DeLay temporarily stepped down in September after he was indicted on campaign finance charges in his home state of Texas. He says he's done nothing wrong.

Some Democrats are calling for sweeping ethics investigation of the Republican-led House of Representatives. The move comes after former lobbyist Jack Abramoff pleaded guilty this week to corruption charges. As Ed Henry reports, the investigation may involve dozens of members of Congress.

(BEGIN VIDEOTAPE)

ED HENRY, CNN CONGRESSIONAL CORRESPONDENT (voice over): Jack Abramoff pled guilty to tax evasion, mail fraud and conspiracy, including allegations he bribed public officials. Then the one-time super lobbyist told the judge, "Words can never express my sorrow and profound regret, nor can they express my sadness and regret for my conduct. I ask for forgiveness and redemption from all mighty." Humble words from a man who defrauded his Indian gaming clients out of tens of millions of dollars.

ALICE FISHER, ASSISTANT ATTORNEY GENERAL: Abramoff profited tremendously from the illegal arrangements outlined today, receiving an estimated $25 million in undisclosed kickbacks and other fraudulently obtained funds.

HENRY: The courthouse developments are being watched nervously on Capitol Hill. Abramoff has agreed to cooperate with the probe, which according to a government official, is now looking at about two dozen lawmakers and Congressional staffers.

The plea deal alleges the lobbyist conspired to "Corruptly give, offer and promise things of value including money, meals, trips and entertainment, to public officials and their relatives with the intent to influence, and in return for agreements to perform, official acts benefiting defendant Abramoff."

Recipients of those gifts include powerful Republicans, like former House Majority Leader Tom DeLay, who has denied wrongdoing, and Bob Ney of Ohio, who has been subpoenaed by the grand jury. Nay is pledging to cooperate with the investigation and is confident he will be cleared, though he has been tight lipped about the allegations.

UNIDENTIFIED MALE: Have you been told you'll be indicted? Did you take bribes? HENRY (on camera): Democrats plan to use the Abramoff case in the mid-term election to bolster their case that there is a Republican culture of corruption. That case may be undermined if Democrats get drawn into the probe.

Ed Henry, CNN, Washington.

(END VIDEOTAPE)

WILLIS: We'll take a closer look now at the legal and political implications of Jack Abramoff's guilty plea to corruption charges. We're joined now by a civil rights attorney and law professor Avery Friedman, he's in Cleveland, Ohio, and criminal defense attorney, Richard Herman, joins us from New York. Welcome to both of you.

AVERY FRIEDMAN, CIVIL RIGHTS ATTORNEY: Hi. How are you?

RICHARD HERMAN, CRIMINAL DEFENSE ATTORNEY: Nice to see you.

WILLIS: All right, guys. You listened to the headlines here. Abramoff is charged with conspiracy and wire fraud. Those are kind of arcane charges, let's start with you, Avery, what does that really mean as a practical matter?

FRIEDMAN: Well, bottom line is Abramoff has pleaded guilty to five crimes. Three of them were in Washington and dealt with mail fraud. He's got to pay back four Indian tribes $25 million and, also, he's been convicted of trying to bribe not only lawmakers but, also, convincing the lawmakers' aides to violate the one-year ban against lobbying.

One day later, he pleaded to wire fraud. He faked a wire fraud to a bank trying to get a $60 million loan to buy a fleet of gambling boats.

WILLIS: It's a complicated story.

Richard, now to you. The legal implications of this. I know everybody in Washington is shaking in their boots. There's been a lot of reporting on that. What kinds of legal implications might there be for other people in Washington?

HERMAN: Well, you've reported, Tom DeLay is not going to seek his post anymore. A lot of representatives are extremely scared, because it's not the money, Avery mentioned he has to pay $25 million, he says he's broke. He's never going to repay that money.

The problem here is, he's looking at prison, incarceration, ten years. In order to get a reduction of that sentence, he is going to have to provide substantial assistance to the federal government and that means he's going to have to light up and incriminate other representatives, so that there are other indictments, because if he doesn't do that, he's not going to get substantial assistance.

He is a paid witness for the government now and now these politicians are going to get a taste of what criminal defense attorneys face every day in federal courts. These paid witnesses who have nothing to lose except their freedom. They stole during their lifetime for money and now they're facing incarceration and a loss of their freedom. They'll say anything.

WILLIS: I have to interrupt here. Avery, how do you get these cases prosecuted if you don't have somebody flip on everybody else?

FRIEDMAN: Well, you certainly can get the cases prosecuted. But it's always great to have a guy like Abramoff who, frankly, is radioactive, he is a very bad guy. And the fact is if somebody is going to flip, you want a guy, this guy has made $82 million, and he has a lot to say about -- as we heard in the report -- over two dozen congressional -- members of Congress and congressional aides. So he's got a lot to say and we don't even know the tip of the iceberg. DeLay is one but there are many, many more involved here.

WILLIS: It will be interesting to see how this all plays out. We are of course following it.

I need to get you to another story. Jose Padilla. He is a terror suspect dubbed an enemy combatant who has been incarcerated without charges for three years now. He's just been transferred to civilian custody. What does this mean for other enemy combatants to you, Richard?

HERMAN: Well, the laws are being defined on a daily basis here. The administration felt the pressure to have to charge him and they did. And as Avery well knows, each day we're seeing changes and modifications to the presidential power here, the constitutional powers, you know, it's an ever growing situation on a daily basis. But the government absolutely felt the pressure with Padilla and that's why they indicted him, not on the original charges that they detained him for but on some lesser charges.

FRIEDMAN: But let's be precise what's going on. This Friday will be the decision of whether or not The Supreme Court will consider the remaining arguments, what does enemy combatant mean? The Justice Department wants to say, look, we considered him an enemy combatant. Now we're going to look at him as a criminal defendant so the case is moot.

But we won't know until Friday whether or not The Supreme Court will consider that issue. So it will have an effect.

WILLIS: Do you want to respond, Richard?

HERMAN: Avery, you know, here I am. I have to agree with him. He is absolutely right. Again, it is going to be very interesting to see how the United States Supreme Court interprets this enemy combatant phrase.

WILLIS: All right. Let's move onto this private voucher ruling out of the state of Florida where the supreme court -- I'm sorry?

HERMAN: A big decision. WILLIS: A big decision, yes. Florida Supreme Court said the taxpayers would no longer provide funding for private school education. Very big deal there. Avery, good idea, bad idea?

FRIEDMAN: I can't tell you, because what The Supreme Court did in Florida, in a 5-2, decision was to look at their state constitution, one of 50 state constitutions, and it said, equal educational support in public education. Vouchers violate that. Therefore, the voucher system is unconstitutional. So all we know is one state out of 50 has said that vouchers on their state constitution violates the local constitution. That's all we know.

WILLIS: Richard?

HERMAN: The thrust on that was that in Florida the private schools that are getting these -- state students are going to private schools and the majority of these private schools are parochial schools and that was the issue, the separation of church and state.

FRIEDMAN: No, no. The Supreme Court has resolved that issue, Richard. The Supreme Court said it does not create an establishment of religion. The only thing The Supreme Court in Florida said is that under equal educational support, vouchers violate it. It means nothing other than that. Nothing.

HERMAN: Yes, but the state funds cannot go to parochial schools. And that was the issue in Florida.

FRIEDMAN: I don't agree. I don't think the court said that at all.

WILLIS: So what did they say, Avery?

FRIEDMAN: Well, what they said, in fact, everybody wanted The Supreme Court to say this violates the establishment clause of The First Amendment, set it to rest. The problem was that The Supreme Court has already answered that question.

So what five of the seven justices did, is they said, let's take a look at our constitution. Our constitution says, you gotta fund public education equally. By giving money to vouchers, that violates the provision. The only thing that is significant in my judgment about Florida is that we have many similar state constitutions, so whether or not the Florida rationale will be used by other supreme courts at the state level remains to be seen.

WILLIS: That was my question for Richard. Does this have legs? Is it going to have, will the decision have any influence in any other states in the country?

HERMAN: Absolutely it's going to have influence all over the country, but the two major issues are this: Number one, Florida has to get their state education process up to speed and that's the reason why they have these voucher systems there. Number two, what we're losing sight of is that the people that are getting harmed here are the students. Their education, these are the people that are really being harmed.

FRIEDMAN: That's where the debate is.

The teachers are saying that's where the injury is. Many other groups are saying it is an entirely proper system.

WILLIS: We'll have to leave it at that. Thanks so much to my guests, Avery Friedman and Richard Herman, thanks so much.

FRIEDMAN: Nice to see you.

HERMAN: Nice to see you.

FRIEDMAN: Take care.

WILLIS: The Abramoff story has us thinking about the size and power of lobbying groups in Washington. Here is a quick snapshot of the lobbying industry.

(BEGIN VIDEOTAPE)

UNIDENTIFIED FEMALE: There are more than 37,000 registered lobbyists in Washington. That's more than double the number from five years ago. The Center For Public Integrity reported last year that lobbyists have spent about $13 billion since 1998, all aimed at influencing members of Congress and other federal officials on legislation and regulation.

And government spending has increased in the new millennium from about $1.79 trillion in 2000 to about $2.29 trillion in 2004. Not so surprisingly, a large number of lobbyists come from government jobs. Hundreds of them served in Congress or worked in senior government positions.

There is a strong financial incentive to make the switch. Salaries start at about $300,000 a year for lobbyists with the best government connections.

(END VIDEOTAPE)

WILLIS: He may be a leader of a nation thousands of miles from your home, but that doesn't lessen Ariel Sharon's impact on your world.

(BEGIN VIDEO CLIP)

BEN PARKER, WAITER: Does he affect your life?

TOM FOREMAN, CNN CORRESPONDENT: I'm sure he does. I don't know of any -- I don't know of what the connection would be.

(END VIDEO CLIP)

WILLIS: We'll explain the importance of the Israeli leadership on the future of America.

(WEATHER REPORT)

(COMMERCIAL BREAK)

WILLIS: Doctors for Israeli Prime Minister Ariel Sharon say a brain scan done this morning on the 77-year-old leader showed slight improvement. But he still is in critical condition and they won't know the extent of possible brain damage until he is brought out of a medically-induced coma. Mr. Sharon suffered a massive stroke on Wednesday. He has undergone three brain surgery since then. CNN's Tom Foreman explains why Sharon's condition should matter to you.

(BEGIN VIDEOTAPE)

FOREMAN (voice-over): Not far from the Capitol in downtown D.C., like many Americans waiter Ben Parker knows he should care about what's happening with Ariel Sharon. He's just not sure why.

BEN PARKER, WAITER: Well, yes. He's been a pretty -- he's been in the spotlight over in the Middle East for a long time helping shape policy and what's going on.

FOREMAN (on camera): Does he affect your life?

PARKER: I'm sure he does. I don't know of any -- I don't know of what the connection would be.

FOREMAN (voice-over): If you care about the war in Iraq, about gas prices, international trade, terrorism, even tourism, Sharon matters because all these issues are affected by what happens in the Middle East.

Sharon was among the last of the old Middle East leaders, many of whom once fought each other and have been dying or disappearing from power for ten years -- in Israel, among the Palestinians, in Syria, in Jordan, in Iraq and in Saudi Arabia.

For better or worse, they were well known, generally predictable and American foreign policy was built around them. Aaron David Miller knows that because he was an adviser to six secretaries of states.

AARON DAVID MILLER, POLITICAL SCHOLAR: Those who fought this conflict over the last 50 years and those who also have had a role in helping to address it are now passing from the scene.

And we'll be up to a new and relatively untested set of leaders to inherit the not so Holy Land in this case and to try to grapple with the very difficult situation that exists on the ground right now.

FOREMAN: The Saudi royal family is under pressure. Relations between Palestinians and Israelis remain uncertain and volatile. Democratic reforms in Egypt, even with the long-time president, are slow and shaky. In short, the Middle East vacuum created by the old guards' disappearance is filling with uncertainty.

TAMARA COFMAN WITTES, BROOKINGS INSTITUTION: And the squabbles amongst the youngsters, the relative youngsters over who will come next to the seat of power are squabbles that don't have any clear mechanism for resolution.

FOREMAN (on camera): And no clear outcome at this point.

WITTES: That's right.

FOREMAN (voice-over): The United States has tried many times to broker agreements to ease the region's old conflicts. There was always progress, but never peace. But again, these people physically fought over the land and now the struggle passes to the next generation, there and here.

(on camera): So all of that said as a young American, what do you hope emerges from the new, young leaders in the Middle East?

PARKER: That they're more willing to compromise and, you know, find peaceful solutions.

FOREMAN: That's always been the hope -- peace, stability and benefits for people in and out of the Middle East.

Tom Foreman, CNN, Washington.

(END VIDEOTAPE)

WILLIS: Now, why would Wal-Mart shut down one of its online services? We'll explain what it has to do with the "Planet of the Apes" and movies honoring famous African-Americans. That's up next.

(COMMERCIAL BREAK)

WILLIS: Checking the news across America, Chicago officials say they're determined to find out what caused a fire that destroyed one of the city's most historic buildings, the Pilgrim Baptist Church.

Now the 115-year-old landmark is considered to be the birthplace of gospel music. At least two firefighters were hurt trying to put out the huge fire on Friday.

And a break for many Hurricane Katrina evacuees who are still living in hotels. Thousands of them are supposed to move out of their government-paid hotels by February 7th.

Now, FEMA says that deadline isn't written in stone. The evacuees who want more time must register and get approval by the end of January. Their deadline will then be extended until February 13th or even later.

And together at last -- these crates are carrying dolphins displaced by Hurricane Katrina. When their Gulf coast marine park was destroyed in the storm, they were split up and housed in locations all along the East Coast.

Now, on Thursday, 16 of them were transported to Alabama and then flown to their new home in the Bahamas, the Atlantis Resort on Paradise Island. Wouldn't mind going there. Not too shabby. A popular way of selling new products has landed Wal-Mart in the middle of controversy. It's called cross-selling and it's used to introduce new products to customers based on their past purchases.

As CNN's Mary Snow reports, the strategy recently offended some African-Americans and has some asking, is Wal-Mart racist?

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MARY SNOW, CNN CORRESPONDENT (voice-over): Wal-Mart's Web site directed shoppers who were looking to buy "Planet of the Apes" or "Charlie and the Chocolate Factory" DVDs to consider buying films with African-American themes.

In the case of the cult TV classics "Planet of the Apes," customers who clicked on that were routed to four other movies, all about famous black American: Martin Luther King Jr., Tina Turner, boxer Jack Johnson and actress Dorothy Dandridge.

UNIDENTIFIED FEMALE: Here is a case where they are clearly not racist but they came off looking rather stupid putting "Planet of the Apes" next to African-American films. They were right to come out immediately and shut down that part of the site.

SNOW: "SHOWBIZ TONIGHT" went straight to Wal-mart to get some answers, and they say they're keeping the cross-selling system down until the problem is resolved. This idea of grouping is a popular function used by other sites like amazon.com and barnesandnoble.com. Plug in the name of the movie you want, and then the system comes up with the name of several other similar items you might like.

Wal-Mart, who told us they were heartsick and "horrified" that this happened, didn't know how or when the problem arose. It seems accidental. Visitors who tried to buy copies of "The Polar Express" and "Home Alone" were also routed to DVDs with African-American themes, but for Wal-Mart another headache.

UNIDENTIFIED FEMALE: And I think Wal-Mart has become much more sensitized about its public relations image because it's had so much negative publicity in recent years.

SNOW: Some of the bad press came from last year's controversial documentary called "Wal-Mart" The High Cost Of Low Price." That followed former employees who claimed Wal-Mart treated them badly and paid them little.

UNIDENTIFIED MALE: If Wal-Mart is not a monopoly, I don't know what is.

SNOW: Robert Greenwald produced and directed the film and "SHOWBIZ TONIGHT" why he made the movie.

ROBERT GREENWALD, PRODUCER AND DIRECTOR: I really was shocked in the thought that a corporation with $10 billion in profit should not be taking care of its employees, and therefore every single one of us, every single taxpayer, is winding up paying for the Wal-Mart benefits that the corporation is not giving to their employees.

SNOW: Wal-mart shot back, telling us that Greenwald, quote, "plays fast and loose with the facts." They threw their support behind a rival documentary released around the same time called "Why Wal-Mart Works And Why That Drives Some People Crazy."

UNIDENTIFIED FEMALE: They've had to battle a lot of bad press, everything from their labor relations to lawsuits they face over everything from alleged hazardous waste dumping to overcharging customers for plastic bags. It seems like everybody is against them.

SNOW: Still, Wal-Mart is a force to be reckoned with. It takes in more than $280 billion in sales each year. After the federal government, it employs the most Americans. It sells just about everything and almost a third of all CD sales last year came from Wal- Mart.

That's probably why it gets exclusive deals with music stars. When Garth Brooks wanted to release his "Greatest Hits" set last month, he went exclusively to Wal-Mart and its discount warehouse Sam's Club. Sales topped a million copies in just two weeks.

UNIDENTIFIED FEMALE: I think being the biggest guy on the block certainly doesn't help. If you're the world's biggest retailer people are going to take potshots at you.

SNOW: "South Park" did. It went after Wal-Mart's dominance in a 2004 episode.

UNIDENTIFIED MALE: Look at us. We all don't like the Wal-Mart but we can't stop coming here.

UNIDENTIFIED MALE: It's like a mystical evil force.

SNOW: Wal-Mart even got the JibJab online treatment.

(MUSIC)

SNOW: With so much bad press, can the number one retailer stay on top of its game?

UNIDENTIFIED MALE: I don't think that this is an invincible company. One thing you've seen in recent years is people care very much about how companies operate. People act when they think that a company is against them, is against people like them. They're not going to shop there.

Mary Snow, CNN New York.

(END VIDEOTAPE)

WILLIS: Hope and heartbreak. "CNN PRESENTS" goes inside the Sago Mine tragedy. That's up next. Then at 4:00 Eastern, taking the pulse of the nation's economy. We'll find out if it's going to be a good year for those of you looking for a new job . And at 5:00 Eastern, he's permanently given up his post as House majority leader. We're going to find out what Tom DeLay's announcement means for the future of the GOP on the Hill. A check of the day's headlines is next, and then "CNN PRESENTS."

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