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Judge Orders Removal of Schiavo Feeding Tube; The Day After the Baseball Steroids Hearings

Aired March 18, 2005 - 14:30   ET

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

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


TONY HARRIS, CNN ANCHOR: Checking stories "Now in the News."
A judge reinstates the order to remove Terri Schiavo's feeding tube, but congressional Republicans redouble their efforts to keep her alive. Lawyers acting for GOP House members will seek a restraining order or a stay to prevent removal of the tube. Congress has already issued subpoenas to Schiavo, her husband and the director of the hospice where she is being cared for. A judge earlier blocked the removal of the tube, but that was overruled by the presiding judge.

President Bush is in Orlando on the second leg of his visit to Florida to push his Social Security plan. Earlier in Pensacola, he got some help from the family. Mother Barbara Bush and brother Jeb Bush were on hand when the president made his pitch. A recent poll showed the majority of Americans are still skeptical about his proposal to create private accounts.

Chief Justice William Rehnquist could be back on the U.S. Supreme Court bench by Monday. Officials say he hasn't ruled out over presiding over oral arguments. Rehnquist has been absent from the bench since being diagnosed with thyroid cancer last October.

KYRA PHILLIPS, CNN ANCHOR: Well, although the case of Terri Schiavo is grabbing headlines right now, it's not a unique story. CNN's John Zarella revisits a Florida family that has grappled with similar issues of life and death.

(BEGIN VIDEOTAPE)

JOHN ZARRELLA, CNN CORRESPONDENT (voice-over): Evelyn and Arthur Greenberg made it 50 years together, surrounded by their children and grandchildren.

UNIDENTIFIED FEMALE: Hi!

ZARRELLA: The Greenbergs, celebrating their life together, toasted life itself.

UNIDENTIFIED MALE: Apparently the courage the strength, the (INAUDIBLE).

ZARRELLA: In 2001, Evelyn suffered a brain stem stroke. She was paralyzed from the nose down. The Greenbergs say they were advised to turn off life support; that, at best, Evelyn would be vegetative. But Arthur Greenberg refused to give into to the doctors and give up on his wife. ARTHUR GREENBERG, HUSBAND OF STROKE VICTIM: I wanted my wife back, is the way I put it. We decided to give her a chance.

ZARRELLA: Evelyn is severely handicapped, but she's not in a vegetative state. She gets around just fine, even on Main Street in Disney World. It's tough, she says.

EVELYN GREENBERG, SUFFERED SEVERE STROKE (through translator): But in all, life is good.

ZARRELLA: Medical ethicists say deciding whether to disconnect a loved one's life support can tear a family apart.

KEN GOODMAN, MEDICAL ETHICIST: It divides families in part, though, because sometimes they don't talk about it and they don't like what they hear when they do talk about it.

ZARRELLA: The Greenbergs understand the conflict. While Evelyn's husband wanted to keep her alive, her daughter Joyce wasn't sure.

JOYCE GREENBERG, STROKE VICTIM'S DAUGHTER: We were told she would be in a vegetative state and the thought of that was just too painful to bear. I didn't think she would want to live that way.

ZARRELLA: Joyce says she's never been so glad she was wrong.

CROWD (singing): Please don't take our sunshine away

John Zarrella, CNN, Orlando.

(END VIDEOTAPE)

HARRIS: And as we follow the constantly evolving Terri Schiavo case, we also want to backtrack for just a moment to hear from Terri Schiavo's husband, Michael. He spoke with CNN's Larry King back in October of 2003 about his wife's condition more than a decade after she collapsed.

(BEGIN VIDEOTAPE)

MICHAEL SCHIAVO: Terri is in a chronic, persistent vegetative state.

LARRY KING, HOST, "LARRY KING LIVE": Meaning she has...

SCHIAVO: She has no awareness, no consciousness. She's in a contracted state. Her hands, her arms, her legs are contracted.

KING: We see the eyes, a smile. It looked like a smile.

SCHIAVO: Now you got to remember here, too, when they Schindlers show their little snippets of Terri, there's four and half hours of tape.

KING: This is edited. SCHIAVO: This is edited. This is a tape where they snuck in, against a court order, after the judge said do not photograph her anymore.

KING: But she looks like -- nourished.

SCHIAVO: Right.

KING: She's not in a coma.

SCHIAVO: Right. But you're missing three-quarters of the other tape, where her mother does the same thing and she does nothing. Now Terri makes those same noises for the last 14 years. She's made those same facial expressions. She blinks her eyes, she has normal sleep/wake cycles. Now, the nurses have even testified in the trial that Terri makes those noises when nobody is in the room.

(END VIDEOTAPE)

PHILLIPS: Well, it's hard enough when a victim's immediate family must make these types of choices, but in Terri Schiavo's case, there are also spousal rights.

HARRIS: And with the state and federal lawmakers weighing in, along with state judges and the U.S. Supreme Court, where is the bottom line? That's the gist of our e-mail question. Who should determine Terri Schiavo's fate?

PHILLIPS: As you can imagine, we've received a number of e- mails.

This one coming from Vicky: "The government has the right to get involved, because it's about people. Terri Schiavo is a person. There is not a living will and therefore, the family has the right to intervene. If married, couples do not want the family to get involved and think about getting a living will. Michael Schiavo may claim that his wife does not want to be in such a state, but can he prove it? Who knows, who miracles have happened." Vicky.

HARRIS: And this from Ken: "I feel that everyone should respect Michael Schiavo's wishes and allow him to let Terri go. My wife and I were discussing the case this morning and I told her that if I ever was in a similar situation, I would rather die. We've frequently discussed our need to write living wills for each other, but this case has reminded us of how urgent the need is. We will do this in the near future."

PHILLIPS: This one coming from Dan in Holland, Michigan: "Terri Schiavo, as the rest of us do, has the right to life, liberty and the pursuit of happiness, thanks to our forefathers. Thanks to Congress for seeing this and making an effort on her behalf to rightly justifying her existence. Terri Schiavo has the right to her existence as an American citizen".

HARRIS: And this from S.G.: "Here goes Congress showing their ignorance again. This is a matter for the husband and her doctors to decide and that should be the end of it. No other person should be involved in this very sad case. My heart goes out to the parents, but they need to let go."

PHILLIPS: Thank you for your e-mails. We got hundreds and hundreds of them. We've been trying to sift through and give you a pretty good variety of what all of you had to say.

HARRIS: And next, as we move on, the other big story on Capitol Hill, the baseball and steroids hearing.

PHILLIPS: We're going to talk with the reporter who was in the hearing yesterday and will give us give us the latest on the BALCO investigation out of California. Stay with us.

(COMMERCIAL BREAK)

HARRIS: Let's get the latest now on the Terri Schiavo case from Clearwater, Florida. Let's go to Jason Lanning, who is who is a reporter for Bay News 9. And Jason, maybe you can help us sort out all of the court rulings that have come out of Florida to this point.

JASON LANNING, CLEARWATER, FLORIDA: Well, Tony, it's been a very back -and-forth day here in Pinellas County. We can tell you at one point, shortly after noon, the feeding tube removal of Terri Schiavo was, in fact, blocked. That was from the chief judge of the sixth judicial circuit here. But 45 minutes after that, the original judge on this case was located, Judge George Greer. He stepped in and reinstated the removal of the feeding tube.

That was, of course, supposed to happen at 1:00 this afternoon. We can tell and suspect preparations are underway for that feeding tube to be removed at this hour at the hospice where Terri Schiavo is being cared for. We sat in on this conference call meeting Judge George Greer and members of the House Committee on government reform. That happened a couple hours ago. And here's how quickly Judge Greer wants this feeding tube removed.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Hi, this is Debbie Bush (ph) now. I'm at the Hospice facility and it's my understanding that your order is effective immediately, is that correct?

JUDGE GEORGE GREER, PINELLAS COUNTY, FLA. CIRCUIT COURT: The word was forthwith.

UNIDENTIFIED FEMALE: OK. Whether or not it's in writing?

UNIDENTIFIED MALE: That it be carried out forthwith.

GREER: Yes, I have ordered that and in my jurisdiction. And the good as time, I would think.

UNIDENTIFIED FEMALE: Thank you, judge.

UNIDENTIFIED MALE: Thank you, your honor. GREER: Yes, ma'am. Yes, sir.

UNIDENTIFIED MALE: Thank you, your honor.

GREER: Goodbye, all.

(END VIDEO CLIP)

LANNING: And we can tell you the attorney representing the House Committee on Government Reform, Kerry Kircher (ph), did attempt to try to attempt Judge Greer to keep this from happening, the feeding tube removal, for at least two to three more days. He says attorneys for the House Committee on Government Reform will attempt to file an appeal with the Second District Court of Appeals. That's in Lakeland, Florida. No word on if that is in the process of happening, as of yet. We'll have to wait and see here from Pinellas County, Florida -- Tony.

HARRIS: And Jason, let me follow-up on that. This is something else that came out of that conference call with the attorneys. The judge says, "I have had no cogent reason why the congressional committee should intervene." So he was very forthright, very to the point, very clear. And his instruction is that this should move forward. What were his words? "Forthwith."?

LANNING: Forwith, Tony. And we can tell you the main argument here was that the courts have been looking at this for five years. The U.S. government, the House Committee on Government Reform and everyone else, for that matter, has known about this case for five years. Judge Greer's main concern here and argument was that if you had five years, why is this, all of a sudden an emergency at the last minute?

He also brought up several points concerning other people across the country that may be on respirators or feeding tubes. When he asked -- the judge asked Kerry Kircher (ph), attorney representing the Government Reform Committee, how many other people they were running to try to get last minute stays in place, that answer was none -- Tony.

HARRIS: That's pretty strong stuff. Jason Lanning, we appreciate it. From Clearwater, Florida. Thank you.

PHILLIPS: A Virginia Congressman warns that the investigation into steroids and baseball has just begun. Many lawmakers complain that baseball's new drug policy has too many loopholes. And yesterday, some of the biggest names in the game appeared before a House panel. One was former star slugger Mark McGwire, who spoke against steroids, but declined to say whether he ever used the drugs.

(BEGIN VIDEO CLIP)

MARK MCWIRE, FMR. MLB PLAYER: Asking me or any other player to answer questions about who took steroids in front of television cameras will not solve the problem. If a player answers no, he simply will not be believed. If he answers yes, he risks public scorn and endless government investigations.

(END VIDEO CLIP)

PHILLIPS: Baseball commissioner Bud Selig told the panel any player who tests positive for steroids will now be suspended, without a doubt.

Baseball has come under increased scrutiny since the steroid scandal involving the San Francisco Bay area laboratory known as BALCO. Some BALCO executives are now facing charges.

Mark Fainaru-Wada is the reporter who first detailed those allegations in "The San Francisco Chronicle." He joins us now from Washington. Mark, good to see you again.

MARK FAINARU-WADA, "SAN FRANCISCO CHRONICLE": Nice to be here, thank you.

PHILLIPS: Well, I want to talk about your investigation with regard to BALCO in just a second, but you were there at the hearings yesterday. What were your impressions? Did it surprise you to see so many big names and this issue being talked about before Congress?

FAINARU-WADA: Well, I mean, I think it was certainly an extraordinary day in the sense of having some of these -- you know, the hugest stars in baseball, current and former, having to raise their right hands and be sworn in and to offer their testimony about whether they had used performance-enhancing drugs or not. So I think it that sense, it was surprising and stark. We had been sort of building up this for the past couple of weeks, so here we were, actually seeing it before our very eyes.

PHILLIPS: Now why did you think the ballplayer that comes out of what happened yesterday -- well, out of all the ballplayers that testified, you think Mark McGwire, it's going to do the most damage to him. Why?

FAINARU-WADA: Well, I think -- I mean, you know, universally, if you look at the way McGwire's testimony has been greeted today and yesterday throughout the country, it seems that people were most skeptical of the way he responded. You had the other ballplayers firmly acknowledging, in Canseco's case or denying, in the case of Sosa and Rafael Palmeiro, that they had ever used.

In Mark McGwire's case, he took the tact of saying, I'm not going to talk about the past, I'm going to move forward. But he faced some very pointed questions from Congress and under those pointed questions, he just continued to say I'm not going to talk about the past, I'm going to only talk about the future. I want to be positive, I'm not going to be negative. And I don't think it came off terribly well.

PHILLIPS: Meanwhile, all the players definitely didn't hold back from giving it to Jose Canseco, and talking about his book and the fact that he's named names in this book. All of them -- not very many of them making eye contact with him, but definitely taking that opportunity to blast him publicly.

FAINARU-WADA: Well, yes, Curt Schilling just flat-tout called him a liar and he called him a so-called author, I believe was the phrase he used. I mean, Canseco has been the punching bag for this from as soon as the book came out, even before the book came out. So I don't think that was necessarily surprising. He said what nobody else was saying, which is that this is a problem in baseball and that it's a rampant problem.

The players, interestingly enough, seemed to not only -- they wanted to address Canseco, but didn't really seem to want to address this question of how pervasive is the problem in baseball. Schilling, for example, backed off earlier statements he had made about how significant the issue was and said he had overstated the problem.

PHILLIPS: Well, Mark, finally, we're hearing from the baseball players. We're finally hearing from Bud Selig. Bud Selig saying I'm going to suspend any player found guilty of taking steroids or any other types of drugs. You know, where was this months and months and months ago when you were breaking the story and talking about BALCO and all of these allegations with Barry Bonds? I mean, why does it have to -- what's taking so long, I guess, for him to finally say, all right, I'll do something about it?

FAINARU-WADA: Well, I think Congress has those very same questions and that's one of the reasons the hearings were held. I think there is a belief amongst some House members that -- and perhaps some senators, as well, that baseball has been sort of tacitly complicit in allowing the steroid problem to happen and allowing it to fester. You know, it took -- I think the BALCO investigation, it took Canseco's book, in some ways, you know to pressure baseball to end up having to deal with in some sort of serious way. They obviously were dealing with it prior to Canseco's book, but BALCO really brought all this to the fore for them.

PHILLIPS: And finally, all of this, everything we heard yesterday, all the testimony. How do you think that's going to affect or play a part in the stories you've been breaking about BALCO and specifically players like we didn't see before Congress, Barry Bonds?

FAINARU-WADA: I don't think it necessarily affects the BALCO case. You had noted the athletes there who are witnesses are connected to the BALCO case. I think that case is going to continue to play out. We're going to have to see what happens with Bonds both in the public eye, as he chases passing Babe Ruth and Henry Aaron and then also, privately, as we look at the trial, possibly, or at least plea bargain arrangements within the BALCO case.

PHILLIPS: Mark Fainaru-Wada. Been breaking the stories even before all of this stuff hit before Congress. You can check out all your articles on the "San Francisco Chronicle." Thank you so much, Mark.

FAINARU-WADA: My pleasure. Thank you.

HARRIS: And still ahead, flying the crowded skies. If you think the airport is crowded now, just wait.

PHILLIPS: And shaping up your business. See how Ali Velshi helps small business owners perform at the top of their game.

(COMMERCIAL BREAK)

PHILLIPS: Well, good news for the airlines. Might be bad news for passengers. It looks like airline travel is about to get even more crowded.

HARRIS: Oh, boy! Just what we need on a Friday. Kathleen Hays joins us now live from the New York Stock Exchange with that story. Hi, Kathleen.

KATHLEEN HAYS, CNN CORRESPONDENT: You mean you're not just getting ready to jet away this weekend?

HARRIS: Thought about it.

HAYS: Well, think again.

PHILLIPS: I'm taking the bus.

HAYS: Think again. OK, listen, you two, the skies are about to get very crowded the next few years. According to the Federal Aviation Administration, more than one billion passengers will board planes in the United States within the next decade. And that's nearly double the number of passengers flying this year.

Airports are already facing spending cuts on runways and air traffic control equipment, but the FAA says there will be enough money to accommodate soaring traffic. One interesting note: regional and international carriers are expected to fuel most of the growth. So it's, you know, (INAUDIBLE) and the people from overseas -- Kyra and Tony.

HARRIS: Yes, yes. And there's some news about Continental today seeing red, losing money. Is that true, Kathleen.

HAYS: Oh, well, it's so true for so many of the airlines, but Continental, you know, has been one of the leaders. But it says lower fares have hurt its bottom line, even though its planes are flying with more passengers. It also expects to post a financial loss this year and says available cash remains low. Higher fuel prices, of course, increased competition, have hurt the entire airline sector. Continental shares have already lost 10 percent over the past week. They're slightly lower again today.

(STOCK MARKET REPORT)

HARRIS: A Nascar driver gets ready to race, but not necessarily on the track.

PHILLIPS: Here's a little snippet of what Jeff Burton reveals to me.

(BEGIN VIDEO CLIP)

PHILLIPS: Jeff Burton running for Congress next week, I'll be helping you with your campaign -- oh, Senate, oops, sorry about that.

(END VIDEO CLIP)

PHILLIPS: I'm telling you, is it true? You're going to find out. The LIVE FROM interview with top Nascar driver Jeff Burton, just a few laughs away on LIVE FROM.

(COMMERCIAL BREAK)

HARRIS: "Now in the News," one family's life and death battle puts the U.S. Congress on a collision course with a Florida judge. It's been a roller coaster day, with Terri Schiavo's life hanging in the balance. Of course, we'll go live to Florida for the very latest.

Supreme Court Chief Justice William Rehnquist may be ready to return to the bench. He hasn't presided over arguments since the fall because of thyroid cancer, but a court spokesman says the 80-year-old Rehnquist could be there when justices return from a two-week break on Monday.

For a second day, convicted sex offender John Couey is being questioned about that missing Florida girl, Jessica Lunsford. Authorities say he is cooperating and so far hasn't said anything to move the investigation forward. Arrested in Georgia on unrelated charges, Couey has waived extradition to Florida, but it's not clear when he'll be moved. Lunsford vanished from her home three weeks ago.

She's already served five months in prison and now Martha Stewart's attorneys want her trial judge to reconsider the rest of her sentence, five months of house arrest. A federal appeals court has given the green light, noting a recent Supreme Court ruling that federal sentencing guidelines are only advisory, not mandatory.

PHILLIPS: A personal tragedy, a medical quandary. Political, legal, governmental controversies bordering on hostilities. The past several hours in the 15-year odyssey of Terri Schiavo have typified the fervent battle between her husband and parents and each side's proxies over the feeding tube that keeps Schiavo alive. Congressional subpoenas collide with state court orders on a day in which the tube may be removed for the third, but necessarily the final, time.

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Aired March 18, 2005 - 14:30   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
TONY HARRIS, CNN ANCHOR: Checking stories "Now in the News."
A judge reinstates the order to remove Terri Schiavo's feeding tube, but congressional Republicans redouble their efforts to keep her alive. Lawyers acting for GOP House members will seek a restraining order or a stay to prevent removal of the tube. Congress has already issued subpoenas to Schiavo, her husband and the director of the hospice where she is being cared for. A judge earlier blocked the removal of the tube, but that was overruled by the presiding judge.

President Bush is in Orlando on the second leg of his visit to Florida to push his Social Security plan. Earlier in Pensacola, he got some help from the family. Mother Barbara Bush and brother Jeb Bush were on hand when the president made his pitch. A recent poll showed the majority of Americans are still skeptical about his proposal to create private accounts.

Chief Justice William Rehnquist could be back on the U.S. Supreme Court bench by Monday. Officials say he hasn't ruled out over presiding over oral arguments. Rehnquist has been absent from the bench since being diagnosed with thyroid cancer last October.

KYRA PHILLIPS, CNN ANCHOR: Well, although the case of Terri Schiavo is grabbing headlines right now, it's not a unique story. CNN's John Zarella revisits a Florida family that has grappled with similar issues of life and death.

(BEGIN VIDEOTAPE)

JOHN ZARRELLA, CNN CORRESPONDENT (voice-over): Evelyn and Arthur Greenberg made it 50 years together, surrounded by their children and grandchildren.

UNIDENTIFIED FEMALE: Hi!

ZARRELLA: The Greenbergs, celebrating their life together, toasted life itself.

UNIDENTIFIED MALE: Apparently the courage the strength, the (INAUDIBLE).

ZARRELLA: In 2001, Evelyn suffered a brain stem stroke. She was paralyzed from the nose down. The Greenbergs say they were advised to turn off life support; that, at best, Evelyn would be vegetative. But Arthur Greenberg refused to give into to the doctors and give up on his wife. ARTHUR GREENBERG, HUSBAND OF STROKE VICTIM: I wanted my wife back, is the way I put it. We decided to give her a chance.

ZARRELLA: Evelyn is severely handicapped, but she's not in a vegetative state. She gets around just fine, even on Main Street in Disney World. It's tough, she says.

EVELYN GREENBERG, SUFFERED SEVERE STROKE (through translator): But in all, life is good.

ZARRELLA: Medical ethicists say deciding whether to disconnect a loved one's life support can tear a family apart.

KEN GOODMAN, MEDICAL ETHICIST: It divides families in part, though, because sometimes they don't talk about it and they don't like what they hear when they do talk about it.

ZARRELLA: The Greenbergs understand the conflict. While Evelyn's husband wanted to keep her alive, her daughter Joyce wasn't sure.

JOYCE GREENBERG, STROKE VICTIM'S DAUGHTER: We were told she would be in a vegetative state and the thought of that was just too painful to bear. I didn't think she would want to live that way.

ZARRELLA: Joyce says she's never been so glad she was wrong.

CROWD (singing): Please don't take our sunshine away

John Zarrella, CNN, Orlando.

(END VIDEOTAPE)

HARRIS: And as we follow the constantly evolving Terri Schiavo case, we also want to backtrack for just a moment to hear from Terri Schiavo's husband, Michael. He spoke with CNN's Larry King back in October of 2003 about his wife's condition more than a decade after she collapsed.

(BEGIN VIDEOTAPE)

MICHAEL SCHIAVO: Terri is in a chronic, persistent vegetative state.

LARRY KING, HOST, "LARRY KING LIVE": Meaning she has...

SCHIAVO: She has no awareness, no consciousness. She's in a contracted state. Her hands, her arms, her legs are contracted.

KING: We see the eyes, a smile. It looked like a smile.

SCHIAVO: Now you got to remember here, too, when they Schindlers show their little snippets of Terri, there's four and half hours of tape.

KING: This is edited. SCHIAVO: This is edited. This is a tape where they snuck in, against a court order, after the judge said do not photograph her anymore.

KING: But she looks like -- nourished.

SCHIAVO: Right.

KING: She's not in a coma.

SCHIAVO: Right. But you're missing three-quarters of the other tape, where her mother does the same thing and she does nothing. Now Terri makes those same noises for the last 14 years. She's made those same facial expressions. She blinks her eyes, she has normal sleep/wake cycles. Now, the nurses have even testified in the trial that Terri makes those noises when nobody is in the room.

(END VIDEOTAPE)

PHILLIPS: Well, it's hard enough when a victim's immediate family must make these types of choices, but in Terri Schiavo's case, there are also spousal rights.

HARRIS: And with the state and federal lawmakers weighing in, along with state judges and the U.S. Supreme Court, where is the bottom line? That's the gist of our e-mail question. Who should determine Terri Schiavo's fate?

PHILLIPS: As you can imagine, we've received a number of e- mails.

This one coming from Vicky: "The government has the right to get involved, because it's about people. Terri Schiavo is a person. There is not a living will and therefore, the family has the right to intervene. If married, couples do not want the family to get involved and think about getting a living will. Michael Schiavo may claim that his wife does not want to be in such a state, but can he prove it? Who knows, who miracles have happened." Vicky.

HARRIS: And this from Ken: "I feel that everyone should respect Michael Schiavo's wishes and allow him to let Terri go. My wife and I were discussing the case this morning and I told her that if I ever was in a similar situation, I would rather die. We've frequently discussed our need to write living wills for each other, but this case has reminded us of how urgent the need is. We will do this in the near future."

PHILLIPS: This one coming from Dan in Holland, Michigan: "Terri Schiavo, as the rest of us do, has the right to life, liberty and the pursuit of happiness, thanks to our forefathers. Thanks to Congress for seeing this and making an effort on her behalf to rightly justifying her existence. Terri Schiavo has the right to her existence as an American citizen".

HARRIS: And this from S.G.: "Here goes Congress showing their ignorance again. This is a matter for the husband and her doctors to decide and that should be the end of it. No other person should be involved in this very sad case. My heart goes out to the parents, but they need to let go."

PHILLIPS: Thank you for your e-mails. We got hundreds and hundreds of them. We've been trying to sift through and give you a pretty good variety of what all of you had to say.

HARRIS: And next, as we move on, the other big story on Capitol Hill, the baseball and steroids hearing.

PHILLIPS: We're going to talk with the reporter who was in the hearing yesterday and will give us give us the latest on the BALCO investigation out of California. Stay with us.

(COMMERCIAL BREAK)

HARRIS: Let's get the latest now on the Terri Schiavo case from Clearwater, Florida. Let's go to Jason Lanning, who is who is a reporter for Bay News 9. And Jason, maybe you can help us sort out all of the court rulings that have come out of Florida to this point.

JASON LANNING, CLEARWATER, FLORIDA: Well, Tony, it's been a very back -and-forth day here in Pinellas County. We can tell you at one point, shortly after noon, the feeding tube removal of Terri Schiavo was, in fact, blocked. That was from the chief judge of the sixth judicial circuit here. But 45 minutes after that, the original judge on this case was located, Judge George Greer. He stepped in and reinstated the removal of the feeding tube.

That was, of course, supposed to happen at 1:00 this afternoon. We can tell and suspect preparations are underway for that feeding tube to be removed at this hour at the hospice where Terri Schiavo is being cared for. We sat in on this conference call meeting Judge George Greer and members of the House Committee on government reform. That happened a couple hours ago. And here's how quickly Judge Greer wants this feeding tube removed.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Hi, this is Debbie Bush (ph) now. I'm at the Hospice facility and it's my understanding that your order is effective immediately, is that correct?

JUDGE GEORGE GREER, PINELLAS COUNTY, FLA. CIRCUIT COURT: The word was forthwith.

UNIDENTIFIED FEMALE: OK. Whether or not it's in writing?

UNIDENTIFIED MALE: That it be carried out forthwith.

GREER: Yes, I have ordered that and in my jurisdiction. And the good as time, I would think.

UNIDENTIFIED FEMALE: Thank you, judge.

UNIDENTIFIED MALE: Thank you, your honor. GREER: Yes, ma'am. Yes, sir.

UNIDENTIFIED MALE: Thank you, your honor.

GREER: Goodbye, all.

(END VIDEO CLIP)

LANNING: And we can tell you the attorney representing the House Committee on Government Reform, Kerry Kircher (ph), did attempt to try to attempt Judge Greer to keep this from happening, the feeding tube removal, for at least two to three more days. He says attorneys for the House Committee on Government Reform will attempt to file an appeal with the Second District Court of Appeals. That's in Lakeland, Florida. No word on if that is in the process of happening, as of yet. We'll have to wait and see here from Pinellas County, Florida -- Tony.

HARRIS: And Jason, let me follow-up on that. This is something else that came out of that conference call with the attorneys. The judge says, "I have had no cogent reason why the congressional committee should intervene." So he was very forthright, very to the point, very clear. And his instruction is that this should move forward. What were his words? "Forthwith."?

LANNING: Forwith, Tony. And we can tell you the main argument here was that the courts have been looking at this for five years. The U.S. government, the House Committee on Government Reform and everyone else, for that matter, has known about this case for five years. Judge Greer's main concern here and argument was that if you had five years, why is this, all of a sudden an emergency at the last minute?

He also brought up several points concerning other people across the country that may be on respirators or feeding tubes. When he asked -- the judge asked Kerry Kircher (ph), attorney representing the Government Reform Committee, how many other people they were running to try to get last minute stays in place, that answer was none -- Tony.

HARRIS: That's pretty strong stuff. Jason Lanning, we appreciate it. From Clearwater, Florida. Thank you.

PHILLIPS: A Virginia Congressman warns that the investigation into steroids and baseball has just begun. Many lawmakers complain that baseball's new drug policy has too many loopholes. And yesterday, some of the biggest names in the game appeared before a House panel. One was former star slugger Mark McGwire, who spoke against steroids, but declined to say whether he ever used the drugs.

(BEGIN VIDEO CLIP)

MARK MCWIRE, FMR. MLB PLAYER: Asking me or any other player to answer questions about who took steroids in front of television cameras will not solve the problem. If a player answers no, he simply will not be believed. If he answers yes, he risks public scorn and endless government investigations.

(END VIDEO CLIP)

PHILLIPS: Baseball commissioner Bud Selig told the panel any player who tests positive for steroids will now be suspended, without a doubt.

Baseball has come under increased scrutiny since the steroid scandal involving the San Francisco Bay area laboratory known as BALCO. Some BALCO executives are now facing charges.

Mark Fainaru-Wada is the reporter who first detailed those allegations in "The San Francisco Chronicle." He joins us now from Washington. Mark, good to see you again.

MARK FAINARU-WADA, "SAN FRANCISCO CHRONICLE": Nice to be here, thank you.

PHILLIPS: Well, I want to talk about your investigation with regard to BALCO in just a second, but you were there at the hearings yesterday. What were your impressions? Did it surprise you to see so many big names and this issue being talked about before Congress?

FAINARU-WADA: Well, I mean, I think it was certainly an extraordinary day in the sense of having some of these -- you know, the hugest stars in baseball, current and former, having to raise their right hands and be sworn in and to offer their testimony about whether they had used performance-enhancing drugs or not. So I think it that sense, it was surprising and stark. We had been sort of building up this for the past couple of weeks, so here we were, actually seeing it before our very eyes.

PHILLIPS: Now why did you think the ballplayer that comes out of what happened yesterday -- well, out of all the ballplayers that testified, you think Mark McGwire, it's going to do the most damage to him. Why?

FAINARU-WADA: Well, I think -- I mean, you know, universally, if you look at the way McGwire's testimony has been greeted today and yesterday throughout the country, it seems that people were most skeptical of the way he responded. You had the other ballplayers firmly acknowledging, in Canseco's case or denying, in the case of Sosa and Rafael Palmeiro, that they had ever used.

In Mark McGwire's case, he took the tact of saying, I'm not going to talk about the past, I'm going to move forward. But he faced some very pointed questions from Congress and under those pointed questions, he just continued to say I'm not going to talk about the past, I'm going to only talk about the future. I want to be positive, I'm not going to be negative. And I don't think it came off terribly well.

PHILLIPS: Meanwhile, all the players definitely didn't hold back from giving it to Jose Canseco, and talking about his book and the fact that he's named names in this book. All of them -- not very many of them making eye contact with him, but definitely taking that opportunity to blast him publicly.

FAINARU-WADA: Well, yes, Curt Schilling just flat-tout called him a liar and he called him a so-called author, I believe was the phrase he used. I mean, Canseco has been the punching bag for this from as soon as the book came out, even before the book came out. So I don't think that was necessarily surprising. He said what nobody else was saying, which is that this is a problem in baseball and that it's a rampant problem.

The players, interestingly enough, seemed to not only -- they wanted to address Canseco, but didn't really seem to want to address this question of how pervasive is the problem in baseball. Schilling, for example, backed off earlier statements he had made about how significant the issue was and said he had overstated the problem.

PHILLIPS: Well, Mark, finally, we're hearing from the baseball players. We're finally hearing from Bud Selig. Bud Selig saying I'm going to suspend any player found guilty of taking steroids or any other types of drugs. You know, where was this months and months and months ago when you were breaking the story and talking about BALCO and all of these allegations with Barry Bonds? I mean, why does it have to -- what's taking so long, I guess, for him to finally say, all right, I'll do something about it?

FAINARU-WADA: Well, I think Congress has those very same questions and that's one of the reasons the hearings were held. I think there is a belief amongst some House members that -- and perhaps some senators, as well, that baseball has been sort of tacitly complicit in allowing the steroid problem to happen and allowing it to fester. You know, it took -- I think the BALCO investigation, it took Canseco's book, in some ways, you know to pressure baseball to end up having to deal with in some sort of serious way. They obviously were dealing with it prior to Canseco's book, but BALCO really brought all this to the fore for them.

PHILLIPS: And finally, all of this, everything we heard yesterday, all the testimony. How do you think that's going to affect or play a part in the stories you've been breaking about BALCO and specifically players like we didn't see before Congress, Barry Bonds?

FAINARU-WADA: I don't think it necessarily affects the BALCO case. You had noted the athletes there who are witnesses are connected to the BALCO case. I think that case is going to continue to play out. We're going to have to see what happens with Bonds both in the public eye, as he chases passing Babe Ruth and Henry Aaron and then also, privately, as we look at the trial, possibly, or at least plea bargain arrangements within the BALCO case.

PHILLIPS: Mark Fainaru-Wada. Been breaking the stories even before all of this stuff hit before Congress. You can check out all your articles on the "San Francisco Chronicle." Thank you so much, Mark.

FAINARU-WADA: My pleasure. Thank you.

HARRIS: And still ahead, flying the crowded skies. If you think the airport is crowded now, just wait.

PHILLIPS: And shaping up your business. See how Ali Velshi helps small business owners perform at the top of their game.

(COMMERCIAL BREAK)

PHILLIPS: Well, good news for the airlines. Might be bad news for passengers. It looks like airline travel is about to get even more crowded.

HARRIS: Oh, boy! Just what we need on a Friday. Kathleen Hays joins us now live from the New York Stock Exchange with that story. Hi, Kathleen.

KATHLEEN HAYS, CNN CORRESPONDENT: You mean you're not just getting ready to jet away this weekend?

HARRIS: Thought about it.

HAYS: Well, think again.

PHILLIPS: I'm taking the bus.

HAYS: Think again. OK, listen, you two, the skies are about to get very crowded the next few years. According to the Federal Aviation Administration, more than one billion passengers will board planes in the United States within the next decade. And that's nearly double the number of passengers flying this year.

Airports are already facing spending cuts on runways and air traffic control equipment, but the FAA says there will be enough money to accommodate soaring traffic. One interesting note: regional and international carriers are expected to fuel most of the growth. So it's, you know, (INAUDIBLE) and the people from overseas -- Kyra and Tony.

HARRIS: Yes, yes. And there's some news about Continental today seeing red, losing money. Is that true, Kathleen.

HAYS: Oh, well, it's so true for so many of the airlines, but Continental, you know, has been one of the leaders. But it says lower fares have hurt its bottom line, even though its planes are flying with more passengers. It also expects to post a financial loss this year and says available cash remains low. Higher fuel prices, of course, increased competition, have hurt the entire airline sector. Continental shares have already lost 10 percent over the past week. They're slightly lower again today.

(STOCK MARKET REPORT)

HARRIS: A Nascar driver gets ready to race, but not necessarily on the track.

PHILLIPS: Here's a little snippet of what Jeff Burton reveals to me.

(BEGIN VIDEO CLIP)

PHILLIPS: Jeff Burton running for Congress next week, I'll be helping you with your campaign -- oh, Senate, oops, sorry about that.

(END VIDEO CLIP)

PHILLIPS: I'm telling you, is it true? You're going to find out. The LIVE FROM interview with top Nascar driver Jeff Burton, just a few laughs away on LIVE FROM.

(COMMERCIAL BREAK)

HARRIS: "Now in the News," one family's life and death battle puts the U.S. Congress on a collision course with a Florida judge. It's been a roller coaster day, with Terri Schiavo's life hanging in the balance. Of course, we'll go live to Florida for the very latest.

Supreme Court Chief Justice William Rehnquist may be ready to return to the bench. He hasn't presided over arguments since the fall because of thyroid cancer, but a court spokesman says the 80-year-old Rehnquist could be there when justices return from a two-week break on Monday.

For a second day, convicted sex offender John Couey is being questioned about that missing Florida girl, Jessica Lunsford. Authorities say he is cooperating and so far hasn't said anything to move the investigation forward. Arrested in Georgia on unrelated charges, Couey has waived extradition to Florida, but it's not clear when he'll be moved. Lunsford vanished from her home three weeks ago.

She's already served five months in prison and now Martha Stewart's attorneys want her trial judge to reconsider the rest of her sentence, five months of house arrest. A federal appeals court has given the green light, noting a recent Supreme Court ruling that federal sentencing guidelines are only advisory, not mandatory.

PHILLIPS: A personal tragedy, a medical quandary. Political, legal, governmental controversies bordering on hostilities. The past several hours in the 15-year odyssey of Terri Schiavo have typified the fervent battle between her husband and parents and each side's proxies over the feeding tube that keeps Schiavo alive. Congressional subpoenas collide with state court orders on a day in which the tube may be removed for the third, but necessarily the final, time.

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