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CNN Live At Daybreak

President Bush Considers Next Supreme Court Appointment; Connecticut Legalizes Civil Unions; Tragedy On Lake George

Aired October 03, 2005 - 06:29   ET

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

CAROL COSTELLO, CNN ANCHOR: One down, one to go. Chief Justice John Roberts begins his first Supreme Court term today. But another stop still needs to be filled. And President Bush could pick another court nominee any day. Maybe even today.
White House correspondent Dana Bash joins me now with more on some of the possible choices.

Good morning, Dana.

DANA BASH, CNN WHITE HOUSE CORRESPONDENT: Good morning, Carol. How are you?

COSTELLO: I'm fine. So, the president must have a short list. Who do you think is on it?

BASH: Well, that's just sort of, you know, the big picture here about where we are. You know, I talked to some senior advisors late last night, who said to be on -- quote -- "high alert" as early as this morning for somebody to actually be announced. So, we're certainly waiting for that.

The question of who is on it, you know, as we know from recent experience, Carol, this is a president who holds his cards very close to his vest. Only a small handful of people know exactly who he's going to pick.

What we do know are the hints that he and his advisors -- even his wife -- have been dropping over the past few weeks about perhaps wanting to put a woman on the court to replace Sandra Day O'Connor or perhaps a minority.

So, we are going to be looking potentially for that.

COSTELLO: I've been scanning the Web. I've been scanning articles this morning. Alberto Gonzales is the name that comes out the most, Dana.

BASH: You know, it is. And if you talk to -- historically talk to people around the president about Alberto Gonzales, it is clear that he is somebody whom Mr. Bush sort of has had in the back of his mind as somebody who he had wanted to put on the court for a lot of reasons. First of all, he is somebody who is a close friend of the president, a close advisor. He's known him for a long time. The president appointed him in Texas to that court there.

But as you know, there are conservatives who are not shy about saying that he is absolutely, from their perspective, the wrong pick.

And so, the question is essentially, what the White House, what the president is going to decide is most important right now, whether it is picking somebody his conservative base, whom he really actually needs right now, is going to rally around, certainly isn't going to oppose, or somebody whom he thinks he can get right through Congress.

And Democrats have said that they would probably vote for Judge Gonzales pretty fast.

COSTELLO: Interesting. Well, hopefully we'll know more this morning or later this morning. Dana Bash reporting live from Washington.

It is a first for Connecticut, and you can bet this isn't the last you'll hear about it. On Saturday, Connecticut's new law legalizing civil unions went into effect. Connecticut is the first state to voluntarily pass such a law. Eighteen states ban same-sex marriage. Only one state, Massachusetts, allows it. Now, Connecticut joins Vermont in allowing civil unions.

To help us understand what that new law means, let's check in with Greg Hladky. He's the Capitol bureau chief of the "New Haven Register."

Good morning, Greg.

GREG HLADKY, "NEW HAVEN REGISTER": Good morning.

COSTELLO: First of all, how many people showed up to be civilly unionized, I guess? Because what do you call it?

HLADKY: That's a good question. As of last week, the state attorney was still researching the terminology.

But there were dozens of couples -- gay and lesbian couples that turned out in Hartford, in New Haven and around the state. A lot more -- many of them got married on that day. Others are doing just the same thing that heterosexual couples do when they take out licenses. They are waiting then and planning their ceremonies for later.

COSTELLO: Now, see, Greg, you slipped and you said "married." But really, this is a civil union. But let's kind of try to get the definition of what marriage means and what civil unions mean in the state of Connecticut. I know that if you're joined in a civil union you can file joint state income tax returns with the same deductions as married couples, right?

HLADKY: That's correct.

COSTELLO: You can act as a conservator of a partner's estate.

HLADKY: Yes.

COSTELLO: And you can gain the same hospital visiting rights as spouses. HLADKY: That's correct. And if you're a state or a municipal employee, you're guaranteed all of the same pension and health benefits rights as married couples would be.

COSTELLO: OK.

HLADKY: In fact, under state law, virtually every single right and responsibility that a married couple would have is also available to couples who have civil unions.

COSTELLO: OK. So, here's another tough question. Only Connecticut and Vermont recognize civil unions. So, what if the couple moves to Ohio?

HLADKY: There's a big legal gray area here. The state legal officials said that couples who have civil unions elsewhere, in Vermont for example, would be recognized here in Connecticut. It's sort of a mutual exchange kind of thing. How other states will handle Connecticut's civil unions is still up in the air, I think.

COSTELLO: So, if you go to work at a company in a state that doesn't recognize a civil union that means you're going to lose your benefits, right?

HLADKY: Not necessarily. A lot of the major -- or many of the major companies and corporations, particularly the ones that are international and have employees in countries like Spain or The Netherlands, European nations, where that require gay couples to get the same kind of benefits in terms of medical benefits, these companies are already in the process or already have offered these same kinds of protections in terms of health and pension benefits.

COSTELLO: OK. So, something I'm curious about before you have to go. The technical aspects of joining these two people together, what is said? Does this person take this person in a civil union?

HLADKY: The vows are being left up basically to the couples involved, and there's a suggested format that is very, very similar to the kind of format that -- ceremonial formats that are used for when a justice of the peace pronounces someone to be married. It's quite close.

COSTELLO: All right, Greg Hladky, the Capitol bureau chief of the "New Haven Register" joining us this morning. Thanks so much, Greg.

Taking a quick peek at what's ahead this week.

Tomorrow, Ramadan, the holy fasting month for Muslims begins. And after tonight's Jewish New Year, it's the first full day of Rosh Hashanah, or the high holy days.

Hockey is back. The National Hockey League season begins on Wednesday. All 30 teams will play the first NHL regular season in 15 months. Thursday, in Britain another extradition hearing is scheduled for Haroon Aswat. He's believed to be linked to the London bombings. Aswat is wanted in the United States for attempting to set up a terrorist training camp in Oregon.

And on Friday, the winners of this year's Nobel Peace Prize will be announced. Rock stars Bono and Bob Geldof are among the frontrunners.

Still to come, more questions than answers in a tragic accident on a Upstate New York Lake. We'll take you live to Lake George.

But first, here's a look at what else is making news this Monday.

(COMMERCIAL BREAK)

COSTELLO: This is just in to CNN. You heard Dana Bash a short time ago saying President Bush could announce his pick for a replacement for Justice Sandra Day O'Connor as early as this morning. Well, she was right, because we just this announcement in.

It says, President Bush will announce his choice to replace Justice O'Connor at 8:00 a.m. Eastern this morning. There will be an Oval Office announcement at 8:01:30 to be exact. And the president will introduce the nominee, who will also speak.

So, a lot of people are guessing it will be the attorney general, Alberto Gonzales. A lot of people are saying, no, it will be a woman. We will know at 8:01:30 Eastern Time.

It's time now for a little "Business Buzz."

Things may not be running smoothly for Northwest Airlines in the first month of a strike by its mechanics.

Carrie Lee joins us live with a look at some of the reported problems.

Good morning.

CARRIE LEE, CNN FINANCIAL NEWS CORRESPONDENT: Well, these reports come from the "Minneapolis Star Tribune," Carol. And according to these reports, there have been some major problems at Northwest during its mechanics' strike.

Now, remember these are only reports. But the "Star Tribune" says it obtained inspection records from federal aviation inspectors showing inadequate training for replacement workers, then staffing and maintenance mistakes as well.

Now, this goes against the claim by Northwest that operations are unaffected despite the strike of 4,200 mechanics on August 20.

In one reported incident, mechanics failed to see a dead bird in the engine of a jet, but the co-pilot spotted it before takeoff.

Another report said replacements worked overnight to repair a brake, a job that would normally take just a few hours.

Northwest said that many of these issues have already been addressed, but all maintenance and repairs were completed up to standards. And most importantly, it said none of these incidents involved safety of flight issues.

COSTELLO: Yes, thanks to the co-pilot.

LEE: But it's funny that, you know, during this whole time Northwest said, hey, our mechanics are striking. We're going to bring in this temporary staffing. Everything is fine. Well, now we're getting some other opinions on that.

COSTELLO: Well, let's hope both sides resolve things soon...

LEE: Yes.

COSTELLO: ... for the safety of all.

LEE: Of course.

COSTELLO: A quick look at the futures.

LEE: Futures are looking slightly higher for today's session, the first day of the final quarter of the year. Can you believe it? The third quarter was a pretty good one for stocks. All of the major market indices ended in a plus column. But still, 2005 is pretty lackluster. The Dow is still under water a bit.

COSTELLO: Yes. Well, hopefully it will hook its head up.

LEE: We'll see.

COSTELLO: Thank you, Carrie.

LEE: Sure.

COSTELLO: What started out as a joyful outing quickly turned to tragedy on an Upstate New York lake. A tour bout capsized, killing at least 20 people, all of them elderly.

This morning, investigators will be back on the scene, looking for some answers.

Let's head live to CNN's Gary Nurenberg. He's at Lake George this morning.

What is the latest on the investigation?

GARY NURENBERG, CNN CORRESPONDENT: Well, good morning, Carol.

The 40-foot tour boat, the Ethan Allen, had only one crew member on board, the captain, and four dozen members of a senior citizen's tour group from Michigan. Some of them in wheelchairs, others using walkers.

(BEGIN VIDEOTAPE)

NURENBERG (voice over): Lake George was calm Sunday afternoon when the Ethan Allen, filled with elderly passengers, was apparently passed by another larger tour boat in 70-foot waters.

UNIDENTIFIED MALE: We believe, and we have not confirmed, that they hit the wake of one of the larger cruise boats. And it overturned and upset the boat and threw the passengers into the water.

NURENBERG: Private boaters rushed to the scene and began pulling those elderly tourists from the lake.

UNIDENTIFIED FEMALE: We came down, and we were bringing blankets. And we were pulling the elderly out of the boat. There were, like, tons of them. They were all frantic.

NURENBERG: Rescue workers took all survivors for evaluation at a hospital, but only about half-a-dozen needed immediate treatment.

Thirty minutes after the accident, rescue workers tried to right the boat to see if anyone was trapped below. That effort caused the boat to sink. And this morning, the Ethan Allen remains on the lake's floor.

(END VIDEOTAPE)

There are this morning more questions than answers in this investigation, which is only now just getting under way. The sheriff's department has scheduled a briefing for 7:00 this morning, Carol. And when we learn new information, we'll pass it on to you right away.

COSTELLO: Well, I'm really curious to find out about this boat that caused this huge wake. I mean, how big was that boat? And where is it?

NURENBERG: Witnesses say it was substantially larger. The boat that was swamped, the Ethan Allen, had undergone a state inspection in May and apparently passed with no problems whatsoever. The captain and the boat company both have strong safety records.

COSTELLO: I don't know. I was just talking about the passing boat, and if they were searching for that boat as well, and if there were any eyewitnesses who maybe spotted the boat's name or something.

NURENBERG: Oh, no question about it. There were plenty of witnesses. Officials do know exactly what that boat was, and they're talking to the officials and the captain from that boat company as well.

But the sheriff yesterday in an early briefing said he does not think that there is any criminal behavior involved in this accident.

COSTELLO: The other question I had is some witnesses said that some of the elderly on board were wearing life jackets and others were not. And then investigators said the accident happened so fast that people weren't able to get their life jackets on. So, I wondered if the people were wearing their life jackets before the boat overturned, or what happened there?

NURENBERG: There's a congressman from this area who met with some of the survivors in the Glens Falls hospital last night. He says he was told by the people on board the boat it happened so fast that that boat capsized and turned over within 30 seconds.

Some of the elderly on board did have life jackets when they were pulled out of the water by rescuers and private boats. Others did not. For those who didn't, 30 seconds was a very limited amount of time to get them on, particularly if they were in a wheelchair or using some of those walkers that we were told were being used by many of those on board.

COSTELLO: Gary Nurenberg reporting live from Lake George this morning.

Your news, money, weather and sports. It's 6:45 Eastern. Here's what's all new this morning.

Firefighters have the upper hand on several wildfires in Southern California. The largest fire, just north of Los Angeles, has charred more than 24,000 acres. People evacuated ahead of the fires last week but were allowed back home last night.

In money news, Harvard University's endowment has topped $25 billion. That makes Harvard the richest university in the world. Yale is about 10 billion behind. Harvard received more than 100 gifts of at least $1 million last year.

In pop culture, Melissa Etheridge is ready to enter the world of TV sitcoms. She is working on a show for ABC about a gay teacher in Etheridge's home state of Kansas. The singer says she doesn't want to rely on touring to make a living anymore.

In sports, it was a wild ride for some of NASCAR's best. This multi-car wreck at the Talladega Speedway sent Tyler Walker rolling head over head. Wow! No one was hurt though, Chad.

CHAD MYERS, CNN METEOROLOGIST: Nobody was hurt, but there were a couple of drivers that said if this doesn't stop, they're not coming back. And that concerns NASCAR a little, I think, this morning.

(WEATHER REPORT)

COSTELLO: That's a look at the latest headlines for you this morning.

Still to come on DAYBREAK, what clowns can do for little kids facing surgery.

But first, it's time to say happy birthday.

(COMMERCIAL BREAK)

COSTELLO: Welcome back. It's 6:51 Eastern. Here is what will be making news today.

At 8:00 a.m. Eastern Time, President Bush is expected to announce the replacement -- his choice as a replacement for retiring Justice Sandra Day O'Connor. A lot of people are wondering who that might be. Maybe the attorney general, Alberto Gonzales, or maybe a woman, as his wife wants. President Bush, again, will make that announcement at 8:01 Eastern to be exact.

Also, the Energy Department reveals its idea on how families, businesses and the government can save on energy costs, and it's just in time as we face rising prices this fall and winter.

Clowns in the operating room? You must be joking. Actually, research has found babies and toddlers are less anxious when there is a clown to distract them before they undergo surgery. But doctors and nurses say it's annoying to have the clowns in there.

This hurricane season has already been such a tough one. And it's not over yet. Hurricane expert Dr. William Gray releases his revised forecast for October later today. He's expected to predict three named storms, including two hurricanes and one major storm.

And we want to show you this, because it's just so darn beautiful. A rare ring of fire darkens the skies today. Actually, it was completely covered earlier this morning, Chad. You can't see this in the United States.

MYERS: No?

COSTELLO: You can see it over southwestern Europe and much of Africa.

MYERS: Well, the reason why you can't see it in the United States is because the sun is not up yet. I mean, the moon is truly in the way if we were in the way of the sun. But unfortunately, the sun in most parts of America is not up. And even into Newfoundland, you can't quite see it quite yet either -- Carol.

COSTELLO: It's pretty to look at.

MYERS: Yes, it is.

COSTELLO: It's officially called an annular eclipse.

MYERS: Yes.

COSTELLO: Thank you, Chad.

MYERS: You're welcome.

COSTELLO: Actually, don't go away, because isn't it time to give away a mug?

MYERS: You know, I wasn't here to ask the questions on Friday, but I'm here to give away the mug anyway. How's that?

COSTELLO: Great.

MYERS: Here are the questions from yesterday. How many days in jail did Judith Miller serve in jail? You know, she did that thing about not giving away her source. And that was 85 days in jail. And how much money did the U.S. set aside for this Asian bird flu thing? Four billion dollars, with a "B."

And the winner from Missoura (ph), -- or from Missouri if you're not from there -- Lawrence Shultz. Congratulations, Lawrence. You have a DAYBREAK mug on the way.

Questions for today. I hope you were paying attention a while ago. How many states have legalized same-sex unions and marriages? And here's the toughie. What's the name of the new spicy beer a Mexican brewery is promoting in the U.S.?

Go to CNN.com/daybreak. I will have to say that I have not tried that spicy beer yet.

COSTELLO: Oh, but when you do, I want to know how it tastes.

MYERS: OK.

COSTELLO: Because I don't think I'm going to try it. Thank you, Chad.

MYERS: You're welcome.

COSTELLO: When we come back, more headlines and a look at your travel forecast. This is DAYBREAK for Monday.

(COMMERCIAL BREAK)

COSTELLO: If you're heading to the airport, we have news.

(WEATHER REPORT)

COSTELLO: "Now in the News."

The Supreme Court opens its new term this morning with John Roberts taking over as the new chief justice.

Also, about an hour from now, President Bush will announce his nominee to replace retiring Justice Sandra Day O'Connor. CNN will carry that announcement live.

Investigators are returning to Upstate New York at a lake there this morning. Yesterday, a tour boat carrying senior citizens flipped over. At least 20 were killed.

In Southern California, firefighters have gained ground on the three largest fires. Officials say a return of those blistering Santa Ana winds could spread embers and spark more wildfires.

After Katrina and Rita, something positive for New Orleans. The Army Corps of Engineers says it expects to declare the city dry by tomorrow or Wednesday. Levees that failed have been repaired, and the pumping continues.

And overnight, a dream of a lifetime came true for American millionaire Gregory Olsen. He's now a tourist aboard the International Space Station, having arrived with two astronauts. The astronauts will replace the current two-member crew, and then Olsen will return with them aboard a Russian Soyuz spacecraft.

From the Time Warner center in New York, I'm Carol Costello along with Chad Myers. "AMERICAN MORNING" starts right now.

SOLEDAD O'BRIEN, CNN ANCHOR: Thanks, Carol. I'm Soledad O'Brien.

More on that breaking news out of Washington, D.C. This morning, President Bush will announce his nominee to replace retiring Supreme Court Justice Sandra Day O'Connor; this, as Chief Justice John Roberts is sworn in on the first day of the high court's new session.

A big day at the Supreme Court, where we're live, and at the White House too, straight ahead.

We're also following a story that is still developing on New York's Lake George this morning. Investigators are now back on the scene of that tragic boat accident, where at least 20 people died.

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