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Coroners Investigating Hospital, Nursing Home Deaths; Hurricane Katrina Hurting Bush's Polls; Roberts Braces for Another Round of Questions
Aired September 13, 2005 - 13:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
KYRA PHILLIPS, HOST: Hello, everyone. I'm Kyra Phillips at the CNN Center in Atlanta. You're watching LIVE FROM. We're going to return to THE SITUATION ROOM once those hearings resume. But it's time now to turn to the other big story of the day, the recovery efforts along the Gulf Coast.
Another round of repairs is in order for a vital New Orleans levee. The London Avenue Canal, seen here flowing freely through a gaping breach almost a week ago, overran the initial repairs yesterday until engineers were able to lower the pressure on the other side. More giant sandbags are on the way, too.
Outside the city, engineers fear that levee devastation is even worse than first thought.
And the first post-Katrina commercial airline flight arrived today at Louis Armstrong New Orleans International Airport. Northwest Flight 937 from Memphis represented a gradual return to business, very gradual, for an airport converted by disaster into a triage facility and medevac point. Cargo traffic resumed Sunday.
And 512 storm-related deaths are confirmed today across the region: 279 in Louisiana, 218 in Mississippi. We also hear at least 11 Louisiana residents have passed away after being evacuated.
Large parts of New Orleans remain to be drained and searched. But no one in authority is sticking to those very early guesses of 10,000 dead.
Autopsies are planned on 40-plus bodies found Sunday at a flooded out New Orleans hospital. And CNN's Sean Callebs has the latest on that and, of course, all the day's developments.
Hi, Sean.
SEAN CALLEBS, CNN CORRESPONDENT: Hi, Kyra.
Indeed, some very sobering information coming from state officials. We are told that, indeed, they did find 45 bodies in memorial hospital. You'll remember, that's the hospital early on in the aftermath that was basically flooded out. No one could get in or out. The hospital lost power, the staff doing everything they could, basically around the clock, working in conditions where temperatures climbed above 100 degrees. Now the parent company of the hospital tells CNN that no one in that hospital died because of lack of food, water or medical care. However, a coroner is going to investigate and determine exactly how all of these people died, if, indeed, Katrina, or the immediate aftermath, could have played a factor in those deaths.
Meanwhile, you talk about the levee system outside the city. Certainly, that is going to get a lot of inspection in the coming days and weeks ahead.
But inside the city itself there is some concern. There was that floodwall that gave way early in the storm. And the Army Corps of Engineers and others have dropped sandbags in the area.
Well, now some water's beginning to flow over that area. It is called a concern. It is not critical.
What about the overall state? Look where we are now. This is the famous French Market. And usually by this time of day this area could be teeming with all kinds of activity. This is a pretty good microcosm of the city. It is basically a ghost town, except for the occasional military vehicle that comes by.
Crews are doing what they can to try and clean up this area, but floodwaters remain a huge problem. More than 40 percent of the city still under water, and only a fraction of the 170 pumps are working at this hour so it could be sometime before all the water is -- has been pumped out of this city. So that is a big problem.
Drinking water, authorities tell us it could be three full months before drinking water is returned to the city, as well. Some taps are back on, but the water coming out of there is untreated. Basically, it's coming straight from the Mississippi River into homes. So authorities are saying, by all means, don't use that water -- Kyra.
PHILLIPS: All right. Sean Callebs there with the latest from New Orleans. Thank you so much. We'll continue to check in with you, Sean.
Now, the sin of St. Rita's. Thirty-four residents and possibly staff members at St. Rita's Nursing Home perished in the floods of Katrina, and the state of Louisiana may hold someone responsible.
CNN's Drew Griffin reports.
(BEGIN VIDEOTAPE)
DREW GRIFFIN, CNN CORRESPONDENT (voice-over): With all the victims now removed, what happened inside this still water-logged nursing home is the center of a possible criminal investigation.
CHARLES FOTI, LOUISIANA ATTORNEY GENERAL: We are very close to completion, and we will make an announcement in the next 24 to 48 hours what is happening on that case.
GRIFFIN: The Louisiana attorney general's office is trying to determine if St. Rita's owners violated state licensing laws, which would have required this nursing home to be evacuated or have a plan well ahead of Katrina's arrival.
That is not what happened, according to Tammy Daigle. She was a nurse at St. Rita's and on duty Saturday before the storm.
TAMMY DAIGLE, NURSE: Several family members were calling and asking if we were -- if they were planning on evacuating. And one of the other nurses just picked up the phone and told them, "No, we're not going anywhere."
GRIFFIN: A senior nursing assistance, Sedonia Augustus, told a Pittsburgh television station she was at St. Rita's Sunday afternoon and said the owners finally realized they did need to evacuate. But she says there were too few boats to get everybody out. She tells a harrowing tale of how the owners waited until it was too late.
SEDONIA AUGUSTUS, NURSE: What really happened was when the water started coming up, we was told to take the patients, put them on they bed. The water came up within five minutes. The mattresses started floating up, and that was the only thing that we could hold on to with the patients.
GRIFFIN: Augustus says she and her patients ended up sheltering in a courthouse until they were rescued.
What is hampering the investigation is that the state can't find the nursing home's owners. The attorney general's office Friday asked Sal Mangano Sr. and his wife to make contact. And on Sunday, this man says he saw Sal Mangano Jr., the owner's son, at a Wal-Mart in Natchez, Mississippi.
UNIDENTIFIED MALE: She said, "Ya'll got out all right and everything?" And then again, we got angry, because I wanted to tell her, "Yes, we got out all right, better than the ones you left behind."
GRIFFIN: Vincent Canzoneri says Sal Mangano Jr. was one of the nursing home's operators in 1998 when his father was a resident. He says back then another hurricane was threatening to strike New Orleans, and he says St. Rita's decided then not to evacuate.
(on camera) And they didn't evacuate?
VINCENT CANZONERI, ST. BERNARD RESIDENT: Didn't evacuate. They said they were going to and didn't do it. Of course, it turned out OK, because the storm turned, but this time it didn't.
GRIFFIN: You were mad that time?
CANZONERI: Yes, but ironically, not as mad as I am now for the people that did stay behind.
GRIFFIN (voice-over): Autopsies will soon determine how the 34 people died here and whether they were patients, staffs or both. What nurse Tammy Daigle wants to know is why. DAIGLE: They were sick. They were infirm. They were -- but they deserved to live. They did not deserve to drown and not know what happened to them.
GRIFFIN (on camera): Tonight, the attorney for St. Rita's management called CNN and told us that he has, indeed, are contacted the attorney general of the state of Louisiana on behalf of his clients. He would not go further on the record but did say the story his clients are telling about this terrible tragedy is dramatically different than the one being portrayed.
Drew Griffin, CNN, New Orleans.
(END VIDEOTAPE)
PHILLIPS: One Louisiana official is calling the case the worst example of negligence. But an expert on long-term care says deciding whether or not to evacuate a nursing home is a hard judgment call.
Larry Minnix is the president and CEO of the American Association of Homes and Services for the Aging. He joins me live from Louisville, Kentucky.
Good to see you.
LARRY MINNIX, PRESIDENT/CEO, AMERICAN ASSOCIATION OF HOMES AND SERVICES FOR THE AGING: Good to see you, Kyra, thank you.
PHILLIPS: As we talk about possible negligence or not and you look at the state regulations -- I'm looking at it right here, and we got this from the web site. And, actually, from -- it's a section, 9729 of Emergency Preparedness, according to the Louisiana Department of Health and Hospitals.
And it says, "As a minimum, the program shall have a written plan that describes, number one, the evacuation of residents to a safe place, either within the nurse home or to another location."
And then you go down to number four and it says, "A plan for coordinating transportation services required for evacuating residents to another location."
As you look at the case of St. Rita, does it look like those two regulations were followed by it?
MINNIX: Well, one way to look at it is how many other nursing homes were evacuated properly and how many people were saved?
The basic condition is you have to have a written plan. You have to train staff in it. It has to be detailed and tailored to the local community, the local conditions. And staff have to practice it from time to time in an unannounced way.
So a number of other organizations evacuated properly, and people were saved. Why this one did not, is yet to be identified. But you had every reason to believe that those people could have been saved. PHILLIPS: So Larry, how do you go about investigating this now? And who, indeed, can be held accountable? And is it more than one person?
MINNIX: Well, I think one problem you have here that's a problem in some parts of long-term care now is absentee owners. When you can't find an owner and an owner is not directly concerned about the care of those people in the community, then you're going to have these kinds of problems arise. So you have difficulty finding people who even own the place to hold them accountable.
If there was negligence involved, the people that own it should stand accountable for it just like businesses in the most recent era of the Enron era, are accountable for what happens in their organizations.
It's a tragedy. And the likelihood is it could have been prevented. And if the owners had been on top of things in any kind of situation like this, perhaps a different judgment call would have been made.
It is a difficult call, however, because the safety of the resident is paramount in all of the regulations. And if you are facing a disaster, the tough judgment you make, is it safer to keep people where they are or is it safer to move them? And so it's a tough call because it's not easy.
It's not as simple as asking people to walk out and get in a van. These are people that are bed-ridden. Many of them are physically impaired, as well as mentally impaired. Some of them require more than one person to help them. But nevertheless, that should be provided for in your disaster and evacuation plan.
Another question is what is the role of the community here? What outreach should the local officials have been making to assure that these people were safe and secure? Those are questions, hard questions that need to be asked, all parties concerned.
PHILLIPS: And we talk about that so much, just the rights of the elderly. And so many times they don't is a voice. And so many of the elderly don't have any loved ones there to look after them, and that's why they're in nursing homes.
MINNIX: That's right.
PHILLIPS: And I'm curious. Let's say I do have a loved one in a nursing home. How can I check into that nursing home? How can I investigate complaints or violations or if, indeed, they're practicing emergency plans? Is there any way I can do that, Larry?
MINNIX: The state has an annual survey and certification review they go through. That is a federally-mandated survey and the results of that survey are public information. That's transparent to the public.
So there are also reports on how they're doing on certain quality indicators, like how many people in the nursing home have bed sores, how many of them have problems with dehydration. All of that is public information.
The best way, though, is to take that data and find out from a reputation standpoint. Visit the place, talk to other people. And if you get a sense of a peace of mind that your mother or your loved one is going to be fine in that facility, that's your best guide.
Make sure that they have adequate staffing. Are there volunteers that come there regularly? Many places that face a crisis depend on community volunteers to help them.
So there are objective data that's available through various government web sites and there's the census test that families have through reputation, what they see, what they experience when they visit.
PHILLIPS: Larry Minnix, CEO of the American Association of Homes and Services for the Aging. As we let you go, Larry, thank you so much. I want to plug your web site, because I know that you can actually go on to the American Association of Homes and Services for the Aging and try and locate an elderly person that might have been displaced into -- here's the web site right here. You can actually go on there and find out if, indeed, your loved one has been put into another facility.
As Larry mentioned, there were a lot of nursing homes that got the patients out of there and put them in other places. You can actually go on there and see if, indeed, your loved one or your friend has been registered and where they are right now.
Larry -- yes?
MINNIX: We also have a match making service of elderly people that have been displaced and need housing in other parts of the country. That's a huge emerging problem that hasn't received attention. But many people are going to have to be relocated to other facilities. We've got members all over the country willing to take them in.
PHILLIPS: Point well made; an 800 number there is right on the lower part of the screen. Larry Minnix, great information. Thank you so...
MINNIX: Thank you, Kyra, for covering this.
PHILLIPS: Keep us -- oh, it's our pleasure. Keep us updated, Larry.
MINNIX: Thank you.
PHILLIPS: Thank you.
Well, the acting head of FEMA says that housing the displaced is job one, and looking back can wait. David Paulison held his debut news briefing hours after President Bush gave him the job being vacated by the seemingly overwhelmed, allegedly underqualified Michael Brown.
(BEGIN VIDEO CLIP)
DAVID PAULISON, ACTING FEMA DIRECTOR: We're going to focus on the victims out there of this hurricane from this point forward. And there'll be a time and place to sit down and look at those lessons learned. Now is not the time to do that. Now is the time to move forward, make sure they get the help they need and the help they deserve.
(END VIDEO CLIP)
And who is David Paulison? Well, most recently, the director of FEMA's preparedness division and U.S. fire administrator. And did you know that the U.S. had a fire administrator? He's a former fire and rescue chief in Miami-Dade with the scars from Hurricane Andrew to show for it.
The White House says that Michael Brown was not asked to quit, and when it come to responsibility for the federal response to Katrina, President Bush says the buck stops with him. He spoke today alongside the visiting president of Iraq.
(BEGIN VIDEO CLIP)
GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: Katrina exposed serious problems in our response capability at all levels of government. And to the extent that the federal government didn't fully do its job right, I take responsibility. I want to know what went right and what went wrong.
(END VIDEO CLIP)
PHILLIPS: And Mr. Bush plans another trip to Louisiana Thursday, with a nationwide address that evening. CNN will bring it to you live at 9 p.m. Eastern, 6 p.m. Pacific.
And we're just getting in these live pictures once again from our helicopter camera, Rick Jackson, at the helm there, reporting for us, as we -- once again, an all too familiar picture of the city of New Orleans. This is right smack in the center of the Metairie-Kenner area. You can see that the neighborhoods are still flooded.
I'm being told that we have some tape from earlier. And this is -- is this Louis Armstrong or is this the private airport that we were talking about earlier?
UNIDENTIFIED MALE: ... reporting live over Lakefront Airport.
PHILLIPS: OK, Lakefront Airport, there you go. We heard the reporter right there. This is Lakefront Airport, which is actually right on Lake Pontchartrain. It's a private airport.
As you can see here, obviously, some issues with the private planes. Don't know exactly what happened and what caused this accident. It looks like, though, there is a fuel leakage taking place, too, on the runway.
Obviously, small planes trying to land, coordination not happening. And you see the results here at this small airport on Lake Pontchartrain, Lakefront Airport, some private aircraft trying to have made -- actually, we cannot confirm if, indeed, those were landings. It's possible that could be left over from the hurricane. We'll try to confirm that information.
We're just getting thus video in, so I'm doing the best that I can here.
This is new video also of the lake front. This was once a very popular marina where a number of boats used to be docked. This is actually not far from that small airport that you saw on Lake Pontchartrain. You can see all the boats piled up after the hurricane hit.
Well, scams from the storm. In just about 15 minute, we expect the U.S. attorney general to speak live about the problem of fraud in the wake of Katrina.
Also ahead, a woman claiming to be an evacuee gets help from the Red Cross, but what her 8-year-old son told a Good Samaritan who helped her out lands her in jail.
You're watching LIVE FROM. We'll be right back.
(COMMERCIAL BREAK)
PHILLIPS: Taking responsibility. President Bush today acknowledged what many critics have been saying for days: there were serious problems in the government's response after Hurricane Katrina.
CNN senior political analyst Bill Schneider joins me now from Washington for a look at how Mr. Bush is weathering the storm. Bill, where does the president stand in the polls right now?
BILL SCHNEIDER, CNN POLITICAL ANALYST: Well, not very well. We have six polls taken in the last week, and the average is 42 percent job approval, which, Kyra, is not good.
Now, the ABC News/"Washington Post" poll asks an interesting question. They followed up by asking people how strongly -- those are the six polls, as you see right there. And the average is 42 percent.
But the ABC News/"Washington Post" poll asks people how strongly they feel about President Bush. And those answers are revealing: 27 percent of Americans say they strongly approve of President Bush's job; 45 percent strongly disapprove, which means nearly half the public is strongly critical of the president. That is real intensity among Bush's critics.
PHILLIPS: Bill, do you -- do you think that the president's leadership has suffered? I mean, taken into account today when he held that news conference with the president of Iraq, he was questioned about his leadership. And he said he's taking full responsibility for what happened with regard to the response for Hurricane Katrina.
SCHNEIDER: He is trying to take charge now, because the polls show a sharp drop in the president's ratings on leadership. Take a look at this. The number of people who call him a strong and decisive leader, always his most admired quality, that was 60 percent in August. Two weeks later, it's dropped to 52 percent. That's his lowest rating on leadership ever, lower even than before 9/11.
PHILLIPS: You think there's a racial gap when it come to the president' performance?
SCHNEIDER: Kyra, simple question, does President Bush care about black people? Striking answer. Only 21 percent of blacks believe he does, compared, as you see here, to two-thirds of whites.
The first lady labeled that criticism of her husband disgusting. But it's widely shared among blacks. In fact, the polls show that blacks have been deeply affected by this disaster. They're paying more attention to it than whites are. And it's producing a lot of anger in the black community.
PHILLIPS: So obviously, seeing any broader repercussions from the storm a possibility. And also, too, Bill, I mean, looking at the aftermath, it really reveals the issue of poverty, especially when it comes to the state of Louisiana. And what needs to be done, not only in helping rebuild this state, but dealing with the issue of poverty.
SCHNEIDER: Yes, well, let's get to that first. The poverty issue -- it was striking that Americans seem to be -- white Americans, at least, seemed to be rather unaware of those real conditions. Or at least they choose to ignore the real conditions that became apparent in the aftermath of this storm.
Blacks see it as discrimination, racism. It's -- in a way, it's a kind of an unawareness on the part of a lot of white Americans. There were poor people there. You can't just tell them to leave. They don't have cars; they don't have money; they don't have a place to go. They don't feel comfortable just moving out into the suburbs. That awareness has grown sharply.
You asked about repercussions. The economic repercussions could be very serious: 80 percent of Americans believe that they will be affected. Their own family's financial situation will be affected by this disaster.
Two words, Kyra: gas prices. People have been following news about gas prices, even more closely than they've been following news about the hurricane. And what the polls show is very strongly increasing economic pessimism about the future, because of those gas prices.
PHILLIPS: Bill Schneider, thank you so much.
SCHNEIDER: Sure.
PHILLIPS: Well, the president balancing hurricane recovery efforts with diplomatic duties today. I mentioned that Mr. Bush hosted Iraqi counterpart at the White House. He had a joint news conference with Jalal Talabani.
And Talabani said that he hopes Iraqi security forces will be ready to take over for U.S. troops by the end of next year. President Bush agreed the transfer should take place when the Iraqis are ready.
(BEGIN VIDEO CLIP)
BUSH: Our objective is to defeat the enemies of a free Iraq. And we're working to prepare more Iraqi forces to join the fight. As Iraqis stand up, Americans will stand down. And when the mission is complete, our troops will come home.
(END VIDEO CLIP)
PHILLIPS: Well, President Bush also talked about what's officially being called Operation Restore Right. But a U.S. general is putting it in more blunt terms: closing in on the rats in Iraq.
The two-week-old offensive against insurgents is taking place in the north, in Tal Afar. The city is believed to be a stopping point for fighters crossing from Syria to Iraq.
Multinational forces detained 78 suspected terrorists as part of the effort on Monday. The U.S. military says at least 141 terrorists have been killed and 236 captured since the operation began last month.
Farther south, a deadly attack near the city of Baqubah. Gunmen shot and killed three Sunni religious figures as they rode in a car last night. It's estimated that 4,000 people turned out for the funeral procession of one of these men, the imam of a mosque in the town of Al Halal (ph).
Well, for victims of Hurricane Katrina, raiding their savings and 401(k)s may be the only way to completely rebuild their lives. Just ahead on LIVE FROM, smart places to look for money that could help anyone caught in an emergency situation. Stay with us. Great information you won't want to miss.
(COMMERCIAL BREAK)
PHILLIPS: Well, most of those who survived Katrina are envisioning (INAUDIBLE), but the prospect of rebuilding homes and businesses is causing them a definite financial pinch right now.
There's word today that the IRS might offer some help, though. That's good news that we're finding out. By allowing people to tap into their 401(k) retirement funds for the cash that they need right now.
As we continue to watch these live pictures, of course, of New Orleans, Atlanta financial planner Kay Shirley joins me now to talk about cracking your nest egg in an emergency. A lot of really good advice. And I want to just get down to it.
KAY SHIRLEY, FINANCIAL PLANNER: OK.
PHILLIPS: Of course, why we wanted you to come in and what triggered this conversation, the talk of 401(k) access and that the IRS is actually addressing waiving penalties if you want to dip into your 401(k)? Is that right?
SHIRLEY: That's the word we're receiving, that they're looking at all ways to help the victims of Katrina, and that would be an obvious way that they could do that
PHILLIPS: So it's possible that you could get hardship distribution...
SHIRLEY: Correct.
PHILLIPS: Right? And also that would help get -- you would get funds faster, of course. But how do we know if they're going to waive the penalties or not? I mean, that's a 10 percent penalty, right?
SHIRLEY: It is...
PHILLIPS: For early withdrawal?
SHIRLEY: Yes, it is. You'd pay taxes and a 10 percent penalty. And of course, we don't know whether they're going to waive it or not.
But let's talk about the two ways to get money out of a 401(k). There are only two ways.
PHILLIPS: OK.
SHIRLEY: It's a loan or a withdrawal.
PHILLIPS: OK.
SHIRLEY: Of course, if you get a loan, you have to pay it back and you have to pay it back within five years. And the maximum amount that you can borrow on a loan is 50 percent of your vested balance or $50,000, maximum.
SHIRLEY: Now, once you've tapped out all available loans, and if you can prove that you have a reasonable purpose for the money and it's a financial hardship, then you could ask for withdrawal. Now, withdrawals are taxed. Loans are not taxed. You pay interest back to yourself. But withdrawals are taxed and they're penalized.
PHILLIPS: So right -- those are the two options for the 401(k).
SHIRLEY: Those are the two options.
PHILLIPS: And the good news is, it's possible those penalties will be waived. We don't know yet, but maybe hopefully this segment might make some kind of influence, and we can push that. Boy, wouldn't that great for victims who need that money to waive those penalties?
SHIRLEY: Yes, that would be great.
Now, one other thing I might mention is hardship withdrawals are available with no penalty if a person is disabled, totally and permanently disabled. And there are few other certain circumstances that are a little more technical that we would advise people to get help from their financial adviser on. But check to see if you qualify for the penalty-free withdrawals that are available now, due to health conditions.
PHILLIPS: Oh, that's great advice. Great advice. OK, and let's say you didn't want to touch the 401(k). Let's look at other options, OK? The Roth IRA. Let's talk...
SHIRLEY: Which is of course another retirement plan.
PHILLIPS: Right...
SHIRLEY: Tapping your retirement money should be last. But if you are an emergency situation like this, then IRAs are certainly are up for grabs.
PHILLIPS: That would be a good move.
OK, what about a traditional IRA?
SHIRLEY: Traditional IRAs have interesting provisions, because you can actually withdraw $10,000 for a first-time home purchase. It is taxed, but it is not penalized. You can also withdraw -- that's a maximum of $10,000.
PHILLIPS: OK.
SHIRLEY: You can also withdraw any amount for qualified education expenses. So if you've got someone who's going to college and you need to pay a tuition and you don't have access to any other money, you can get it from your traditional IRA, your deductible IRA. You will have to pay taxes on it, but it is penalty free.
PHILLIPS: OK, that's good news, penalty free. OK, now what about the nondeductible IRA?
SHIRLEY: Well, nondeductible IRA that means you put the money in and you didn't deduct it, so you've paid tax on that money. You can withdraw the amount -- you can withdraw anything from that account. However, you'll have to pay taxes on the portion that is attributed to growth.
PHILLIPS: OK.
SHIRLEY: And you will have to pay taxes and a penalty on the nondeductible growth of that IRA, but not on the amount you put in. So let's say you had a $2,000 IRA; It grew to $3,000, so a third of your total account is growth. Whatever you take out, a third of whatever you take out, you'll have to pay taxes and a penalty on. PHILLIPS: So let's say you don't want to touch the retirement, because retirement is retirement, right? But what about, say, you've got a 529, a college fund?
SHIRLEY: Kyra, may I add one more thing about the retirement IRAs?
PHILLIPS: Yes, yes, sure, sure.
SHIRLEY: Roth IRAs, which many people started about four or five years ago are also after-tax dollars that you can put in, that people have put in after tax, so they've paid taxes on it. They can take out that money for any reason, penalty free and tax free. So that is really the first place you would want to go if you had to tap your retirement money and pull out your contributions. So let's say you put in that $2,000 and it had grown to $3,000, you can request only the $2,000 back, and you won't have to pay taxes or a penalty.
PHILLIPS: Oh, wow.
SHIRLEY: That's real good news, and you can take it out for any reason.
PHILLIPS: OK, that's good. We should make note of that.
SHIRLEY: Sorry to...
PHILLIPS: No, no, no, that's good, and it makes sense when you put it in a dollar amount, too. But that brings me back to my question about college funds, like the 529. Is there an option there?
SHIRLEY: Yes, there is. With a 529 plan, which is earmarked for post-secondary college expense. You've put the money in after tax, and the money that you've put in grows tax free. You can take that money out for qualified education expenses for any student who is enrolled at least half time, but it has to be for higher education expenses only, and for qualified education expenses. That covers room and board, fees, tuition, books, even computers and computer access. So there are some sources of money. Suppose the family doesn't have a computer and they have a child enrolled half time in a college, maybe in a different state, they could still use this money to take it out and get the family computer.
PHILLIPS: Wow, that's really good advice.
All right. And then this is one I didn't know a lot about, and that was the Coverdell Education Savings Account. You're saying K through...
SHIRLEY: Graduate school.
PHILLIPS: Graduate school. Wow.
SHIRLEY: It is a much broader range of qualified education expense definition. Tuition, room and board, fees, uniforms, tutoring, computers, computer access, lunches, transportation, which I think is interesting, and I would certainly...
PHILLIPS: Yes, how would you define that?
SHIRLEY: Yes, good question. It's not defined in the tax code. I've researched this pretty thoroughly. So help from a tax consultant would have helped. However, if the family has lost their car and the child needs to get to school -- perhaps it would pay for a car for the family so that they could get the child to school, K through graduate school. So there's a much broader definition, more flexibility with the Coverdell Education Savings Accounts.
PHILLIPS: All right, and finally, the UTMA. That's Uniform Transfer to Minors Account.
SHIRLEY: Right.
PHILLIPS: Actually, let's hold this thought for just a minute. I'm being told -- do you want to go to Gonzales?
OK, we've been talking a lot about fraud within the hurricane, a lot of fraudulent e-mails and charities. There's been an investigation launched now. We're going to listen to Attorney General Gonzales who's going outline this Antifraud Protection Act right now.
(JOINED IN PROGRESS)
ALBERTO GONZALES, ATTORNEY GENERAL: ... to evacuees.
Truckloads of water and other supplies have arrived in the affected areas from every corner of the country, and individuals, corporations, have donate to charities in record amounts, all to aid the hands-on relief efforts around the Gulf Coast.
Amidst these countless acts of kindness, however, a devious few have sought to take advantage of our collective generosity. For instance, reports have indicated that some criminals have attempted to profit from this disaster by posting fraudulent Internet sites to lure well-intentioned donations for unsuspecting citizens. There is no place for crimes of this nature in our compassionate society. And we have a responsibility to safeguard the integrity of the relief efforts that provide generous support to victims who desperately need help.
And we have previously announced the formation of the Hurricane Katrina Fraud Task Force to help deter, investigate and prosecute disaster-related federal crimes such as charity fraud and insurance fraud.
I'm here today to emphasize the work of this task force is a top priority for the department. Chaired by Assistant Attorney General Alice Fisher (ph), the task force is coordinating law-enforcement efforts across the federal government and with our state and local partners, to effectively combat fraud cases relating to Hurricane Katrina.
To anyone who's contemplating any kind of fraudulent scheme that takes advantage of Hurricane Katrina and her aftermath... PHILLIPS: Attorney General Alberto Gonzales, there outlining an anti-fraud priorities there to protect the integrity of relief efforts that are taking place in Hurricane Katrina-stricken region, coming forward saying that they have established a Hurricane Katrina fraud task force, designed to deter, and investigate and prosecute disaster- related federal crimes such as charity fraud and insurance fraud. It's a shame that that is even taking place. But as you can imagine, and even if you talk to police officers and military officials in the region, they will tell you firsthand how they've been coming across these types of individuals that are trying to take advantage of those wanting to donate, of those wanting to seek help.
So now the attorney general coming forward and saying that it's sort of an all-out offensive here to try and tackle the issue of fraud, whether it's fake charities, or e-mails soliciting some type of donations by mail or by e-mail. You've really got to be careful when you're looking to donate.
And we're going to talk in a moment about a special Web site that you can actually log on to and research charities to see how they're rated and if, indeed, the money will go to the right places.
We're going to talk about that in just a minute. So stay with us. That's good information you're going to want to learn more about.
Meanwhile, we continue to talk with Kay Shirley. Just really quickly here, I wanted to button up with our last point.
SHIRLEY: Sure.
PHILLIPS: As we're talking about ways that victims can get money to start over, whether it's through 401(k), possibly with no penalties. We'll finding out more about that in the days to come. And then you were going into all the different type of IRAs and college funds that you can dip into to get support.
Finally, I want to ask you about this Uniform Transfer to Minors Account, if, indeed, these gifts have been made to minors. Can you dip into this? Is this a way to get some money to help in the recovery?
SHIRLEY: The Uniform Transfer to Minors Act, also called Uniform Gift to Minors Act, is an account available for the benefit of that child, and so anything that benefits the child is a legitimate expense. You can withdraw it tax free and penalty free.
So in order of best choice for choosing pots of money to dip into during this disaster, Uniform Transfer to Minors Act, when we're talking about children's money, then Roth IRAs, then nondeductible IRAs, then look at your 529s and your Coverdell Savings Accounts, then go to your 401(k)s, because remember, you can borrow money for anything except retirement.
PHILLIPS: I've got to tell you, and this is just one more lesson to why we should invest, and why we should have these types of accounts. Because now it's so -- it's getting really creative with regard to how it can help you in something like this even.
SHIRLEY: It really is, and there are ways to get money now, out of those investment accounts. Of course we haven't even discussed the investment accounts you have access to anyway, which also speaks to the need to have an emergency fund in other investments that are outside all of these restrictive accounts.
PHILLIPS: Kay Shirley, great advice. Thank you so much. Appreciate it.
SHIRLEY: You're welcome.
PHILLIPS: Go see your financial adviser, if indeed, you can at this point. Thank you.
SHIRLEY: And your tax consultant.
PHILLIPS: Yes, and your tax consultant. Very good. Kay, thank you so much.
We want to check in now with Mary Snow. She's in Baton Rouge. As we've been rolling through the hour, I understand the governor of Louisiana came forward, held a news conference, made a statement. Mary, you were there. What can you tell us?
MARY SNOW, CNN CORRESPONDENT: Well, Kyra, some more tension between the state and the federal government. This was actually a photo op so we were not permitted to ask any questions. But the governor of Louisiana, Kathleen Blanco, saying that she was lashing out at FEMA because of what she called "the lack of urgency and respect," in her words, for the -- involving the recovery effort.
She said last week she spoke with Homeland Security Director Michael Chertoff, asking him to resolve a contract issue with a private company that has been hired by FEMA to recover bodies. And she said that he failed to live up to the promise to extend that contract.
She said yesterday she ordered the state to sign a contract with the company, Kenyon International, saying that she could not wait any longer. She said in life, as in death, our citizens should get more respect. And that's why she said she was taking action now.
We called the Department of Homeland Security, which of course oversees FEMA, and we are awaiting comment from them. But we also spoke with Kenyon International. This was the private company that was brought in. They had a short-term working agreement that expires at midnight tonight.
Now, a spokesperson for the company would not say why the company would not extend the contract with FEMA. But a spokesperson said that on Sunday it told the federal government that it would not enter into a long-term agreement with FEMA, again, not explaining why, saying that they would continue to keep personnel on site until another contractor came in and that there was a seamless transition. The company said they had about 115 people working on this effort, and it also said that it was not aware of a contract that was signed by the state. This just happened a few moments ago. Kyra.
PHILLIPS: All right, Mary Snow, there in Baton Rouge. Thank you so much as the governor of Louisiana, stepping out, once again, showing her distaste with FEMA. And as you know, as we've been telling you throughout the day there has been a director assigned to take charge of FEMA in the interim as Michael Brown, as you know, resigned yesterday.
Now, earlier, we were telling you about the Department of Justice. You've heard from Attorney General Alberto Gonzales, talking about so many frauds out there when it come to donating to those hurricane victims. We've got a special Web site we're going to tell you about right after the break where you can log on and see if indeed where you want to give -- if it's a legitimate charity and how that money will be distributed. Stay with us, you won't want to miss that good information.
(COMMERCIAL BREAK)
PHILLIPS: Well, more than $400 million in charitable contributions for victims of Hurricane Katrina, proof positive that Americans are generous and they're eager to help people in need. But how do you make sure some charities are not taking advantage of your goodwill?
For answers, we turn to the Trent Stamp, CEO of Charity Navigator. His nonprofit organization provides information on more than 4,000 charities and helps people make intelligent giving choices. He joins me now from New York. Great to see you, Trent.
TRENT STAMP, CEO, CHARITY NAVIGATOR: Thanks for having me. It's a pleasure.
PHILLIPS: Well, just in 20 seconds or less, why did you put together this Web site?
STAMP: Charity Navigator was created to give people advice and how to make informed giving decisions. There wasn't anybody out there who would weigh in on an unaccountable, nonprofit basis to make sure the charities you're considering are going to spend your money appropriately. That's all we're trying to do.
PHILLIPS: All right, well, let's get right down to business and talk about what you can find on your Web site. For example, we went to it and we typed in American Red Cross. It's amazing how much information you have about these charities and how you rate them from overall ratings to organizational efficiency. I mean, their program expenses are 91.1 percent and admin cost is -- or costs rather, only 5.4 percent. That's amazing for a charity, isn't it?
STAMP: That's phenomenal, especially for a charity of that size and scope. We're just trying to provide donors with information they want which is how accountable is that charity, how much can I trust that charity, and not get swayed by the emotional appeals. Because anybody can trot a benevolent sounding name and a tragic photograph.
What sophisticated, smart donors should be looking for is, is the charity responsible, accountable, transparent, and are they going to spend my money the way that I want it to be spent? And that's a complicated measure. You really have to get into the books, and really look around for a while
PHILLIPS: Can folks give money through your Web site? because you bring up a really good point. We're on to so many fraudulent charities. We've been getting e-mails from people or from alleged organizations, saying it's the Red Cross but it really isn't. So can they actually go to your Web site and give money to certain charities?
STAMP: What they can do is they can come to our Web site and get a secure link directly to the charity's Web site that's been verified by our analysts, so they can be sure that that's the proper Web site and that's the actual organization.
We don't want to compromise our integrity by allowing them to give through our Web site because we might have a motive then to take some of the money or get involved in that in any way. So you can find a secure link so you know you're giving directly to that organization but we don't want to get involved in the money chain (ph).
PHILLIPS: How do we know where the money is going? I mean, we can go on to your Web site, check into a certain charity, but how do we really know where our money is going? Can we ever track it?
STAMP: We can't track it to the point of which what we wish we could. The reporting and accountability standards in the nonprofit world are woefully behind what they are in the for-profit world. There's no doubt about that. That's why in a disaster like Katrina I'm recommending that people give to large, reputable organization, organizations with influential boards of directors, organizations that are audited, with serious accountants and who have people like Charity Navigator looking into their books to make sure they're spending the money appropriately.
There's a million charities in this country. It's hard to keep track of all of them, even the ones that are reputable.
PHILLIPS: Well, I like how you can even search by cause. Because if I really wanted to get specific -- for example, we logged on to the human services, and up popped children's and family services, youth development, shelter, crisis services, food banks, food pantries, food distribution. I mean, you can really get specific on here.
STAMP: Donors should find a charity that does exactly what it is they want them to do. Don't settle for a bad fit. Don't settle for a charity that you've heard good things about, but you don't think they do exactly what you want.
We're finding that a lot of people want to give to animal-related charities in the wake of Hurricane Katrina. That's OK. I would give to people first, personally, but if you want to give to animals, that's fine and you can find those types of organizations on our Web site. So don't let the fact that you don't know who the organizations are sway you into not giving.
If you feel philanthropic, find a charity that matches your interests. And you can find them. I guarantee it. No matter what it is you want to do, you can find a charity that matches your interest.
PHILLIPS: Well, speaking of matching your interests, I was interested to go into Louisiana. You can actually click on to state. We went to New Orleans. And there's been so much talk about the New Orleans Police Department and how it's so strapped and struggling right now financially, and even trying to get all the officers back. And I noticed the New Orleans Police Foundation. You actually gave it a really high rating. I mean, that was great to see.
STAMP: That's great. And especially when you consider that a lot of these police and firefighter organizations have traditionally been a little bogus, in all honesty. If you find a reputable police organization that's doing good work and really supporting the cops in that community, man, I tell you to jump right in. So it's good that this might be a good organization that you can trust. And I -- you're absolutely right, they certainly could use our help this time.
PHILLIPS: And for all of you listening that want to donate to New Orleans Police Foundation, you can log on to Charity Navigator. What a great Web site. Trent Stamp, thank you so much.
STAMP: It was a pleasure, thank you.
(COMMERCIAL BREAK)
(WEATHER REPORT)
PHILLIPS: Something we've been waiting for, and that's the water quality report. Now the EPA coming forward and giving us the news.
Gary Tuchman, joining us by phone in New Orleans. Gary, what did it say? Gary, can you hear me? Well, unfortunately, we lost Gary. He was on the phone. We'll try to get him back up.
Basically, New Orleans Mayor Ray Nagin came forward with an EPA water quality report and said that it's pretty good results, according to this report. He's going to reopen part of New Orleans for business in the next week.
And as you know, we've been talking to so many restaurant owners and business owners. The French Quarter, of course, remaining pretty unscathed since the hurricane hit that area. And a lot of restaurant owners in that area ready to start up the business. And if you, know, have seen Canal Street recently, you see all the media lined up there, in addition to a number of people trying to come back to the city. So it's perfect time to start operating, with regard to restaurant business.
And that's probably the first signs of business that we'll see as this EPA report comes forward and says that the water quality is looking better than expected. That coming from New Orleans Mayor Ray Nagin. He came out with that today, and it looks like business will operate.
Gary, I understand we got you back on the phone. I think I sort of summed up the gist of what we found out from the mayor, but add to this water report, if you could.
GARY TUCHMAN, CNN CORRESPONDENT: OK, well let me tell you -- and I couldn't hear what you said, Kyra, and I apologize for losing contact with you -- but here's the situation. The mayor of New Orleans is telling us that as of Monday, which is the three-week anniversary of this hurricane, if EPA tests come back in the way he expects them to come back, that parts of the city of New Orleans will be reopened to businesses and residents.
And not just reopened to visit, reopened to come back to work, reopened to come back to live and that includes the French Quarter, which obviously is the main place that tourists come to here. But he sounded very optimistic when he talked to me. He said things are going better than we can imagine. We're very proud of our police, we're very happy with the help we're getting. We'd never imagined we'd get to this point.
I asked him about the death toll. You know, in the beginning we had heard numbers from the mayor's office, 10,000 or more. Now, everyone thinks it will be -- the quote we've heard a couple of time, "a heck of a lot lower."
He does say he's concerned in the eastern parts of the city, the ninth ward, which we've heard so much about, where the water is still high, once that level goes down, that a considerable number of bodies will be found. But he's still optimistic that it will be nowhere near as high as originally thought.
The news is very good, that this city, just two weeks ago, that we heard people talking about people never coming back to, Monday, it may be lively once again -- Kyra?
PHILLIPS: That's great news. Next step, Mardi Gras at the end of February. It's a possible goal. Gary Tuchman, thank you so much, from New Orleans there. Great news.
Parts of New Orleans set to open up for business possibly within the next week. We'll keep you updated on that as the water quality report comes forward. It's looking good, according to the mayor of New Orleans. Now, Wolf Blitzer and "The Situation room".
WOLF BLITZER, CNN ANCHOR: I'm Wolf Blitzer and you're in THE SITUATION ROOM, where news and information arrive in one place simultaneously.
Happening now, our special coverage of the John Roberts confirmation hearings. It's 2:00 p.m. here in Washington and the president's choice for chief justice is bracing for another round of tough questions. It's a landmark day for the U.S. Supreme Court and for the nation. We're bringing it to you live. Senators are trying to pin down Roberts on crucial issues. Which hot buttons will they push next? And will Roberts be anymore revealing?
Also ahead, much more on hurricane damage control. The new acting director of FEMA goes before the cameras. And the president is planning another trip to the disaster area to address the nation.
You're in THE SITUATION ROOM.
Welcome back to our special coverage. It may not be the all-out political war once predicted, but we have seen sparks flying as senators trying to press John Roberts on some combustible issues, including abortion rights for women, civil rights, the power of the presidency and of the courts.
About 15 minutes from now, members of the Judiciary Committee and the star witness will get back to business. This is the first grilling of the chief justice nominee in almost two decades. Our Congressional Correspondent Joe Johns is watching the action in the hearing room. He is joining us now live.
Set the scene for us, Joe.
JOE JOHNS, CNN CONGRESSIONAL CORRESPONDENT: Wolf, you know, John Roberts argued about 39 cases before the United States Supreme Court, answering some of the toughest legal questions of our time, or at least trying to. But here, before the Senate Judiciary Committee in the first round of questions, he was doing a pretty good job at trying not to answer. In fact, on a variety of issues, as you mentioned, civil rights, abortion, among others. Got some tough questions, particularly from Democrats and found some constructive ways to get around things he thought he should not answer.
Here is an example of an exchange with Senator Joe Biden of Delaware, also with the Chairman of the Senate Judiciary Committee Arlen Specter.
(BEGIN VIDEO CLIP)
JUDGE JOHN ROBERTS, CHIEF JUSTICE NOMINEE: Senator, I was a staff lawyer. I didn't have a position. The administration had a position. And the administration's position was the two-fold position you've set forth. First, Title 9 applies. Second, it applies to the office -- the admissions office.
JOE BIDEN (D) DELAWARE: Only to the office, right? It applies narrowly.
SEN. ARLEN SPECTER (R-PA), CHAIRMAN, SENATE JUDICIARY CMTE.: Now, wait a minute. Let him finish his answers, Senator Biden.
BIDEN: The answers are misleading, with all due respect.
SPECTER: Well, they --
BIDEN: Listen to me.
SPECTER: Now wait a minute. Wait a minute. They may be misleading but they're his answers.
BIDEN: OK, fine.
SPECTER: You may finish, Judge Roberts.
BIDEN: OK, fire away. Fire away. At least, I'm misunderstanding your answers.
ROBERTS: With respect, they are my answers. And with respect, they're not misleading. They're accurate.
(END VIDEO CLIP)
JOHNS: Republicans, of course, suggesting the thought, of course, that he was making misleading answers to some questions is an unfair assertion. All of that expected to continue this afternoon.
We do expect to hear from Senator Dianne Feinstein, the Democrat of California, likely to ask some questions, more questions, about abortion. He sidestepped a number of questions on that issue as well today. But the thing that is important to remember, he did talk about privacy. He said that in his view, there is a constitutionally protected right of privacy and some have suggested that's critical. Wolf, back to you.
BLITZER: All right, Joe. Thanks very much.
Jeff Greenfield was watching with us all morning. He'll be spending all afternoon and into the night tonight as well, Jeff, as well. We'll be listening very carefully. We are learning more about this nominee.
JEFF GREENFIELD, CNN SR. POLITICAL ANALYST: Yes. I'm going to leave to Dr. Toobin, our legal analyst, the point about right to privacy, which is the most substantively important point.
What also we are learning is what Judge Roberts is trying to stake out. When he talked yesterday about modesty, about the idea that a judge is an umpire that doesn't call balls and strikes. He was pressed by Joe Biden, Senator Biden, wait a minute, if you're a Supreme Court justice, you don't just call balls and strikes. You get to decide what the strike zone, you get to decide what the playing field looks like. It's much more than that.
And Judge Roberts was at pains not to give the committee what he might do in the future. Even saying he was not going to answer the same questions Judge Ginsberg answered at her confirmation hearing. Because he said there were distinctions. So his reticence, if that's the right word, or modesty extends to protecting himself from committee members, saying, look, you told us things that bother us right now. We're not sure we can vote for you.
BLITZER: You know, Jeff Toobin, we've heard a lot a Latin phrase, "stare decisis", earlier today. Presumably, we're going to hear a lot more about that. Briefly explain to our viewers why this is so significant.
JEFFREY TOOBIN, CNN SR. LEGAL ANALYST: "Stare decisis" is a fancy Latin word for a very simple concept, which is precedent. Supreme Court, like all courts, rely on precedent. What Arlen Specter raised in a very interesting exchange with Judge Roberts, he said, look, Roe v. Wade has been upheld by the Supreme Court 38 times. And had he a big chart to prove it.
He said, doesn't this show that this is a precedent that the court has to respect? If you believe in precedent, you have to believe in Roe v. Wade. And Judge Roberts didn't exactly agree or disagree.
But he did say that, yes, the role of precedent is important. There are judges who say, look, if a precedent is wrong, we should simply overturn it. Clarence Thomas, on the Supreme Court makes that point frequently. If it's wrong, it's wrong. Judge Thomas associated himself -- Judge Roberts associated himself with the school of thought that says, well, a precedent has to be really, really wrong before we overturn it. That should give hope to supporters of Roe v. Wade.
BLITZER: Standing by, former Republican Senator Fred Thompson, is helping guide this nominee through this process. He's joining us now from the Senate Hart Office Building.
Senator Thompson, thanks very much for joining us. How's your guy doing so far?
FRED THOMPSON (R), FMR. U.S. SENATOR: All is well, Wolf.
BLITZER: He has a broad smile. But he did seem to suggest during the first round with the chairman, Arlen Specter, that he believes -- as opposed to some other conservative jurist -- that there is an inherent right to privacy in the U.S. Constitution. Was that according to the script? Did you anticipate he would say that?
THOMPSON: Sure. I think the court has enunciated that. It's pretty clear that the court, on a number of occasions, based everything from search and seize laws all the way up to individual rights and personal rights of various kinds encompassed in the 14th Amendment and other places. The courts have decided that and he acknowledged that the courts have decided that.
BLITZER: Did you know that's a code word or a phrase, if you will, to support Roe v. Wade, the right of women to have privacy. Do you go that far?
THOMPSON: No. It doesn't address it one way or another. He's just acknowledging there's a set of rights in the constitution under that umbrella. And what those individual rights might be in an individual case he did not address at all. So it's a reach to say that he was talking about Roe vs. Wade, one way or another.
BLITZER: Go ahead, Jeff Greenfield has a question, Senator.
THOMPSON: Hi, Jeff.
GREENFIELD: Hi, Senator.
Congratulations on being the ever pro-life person who could serve as Manhattan district attorney on "Law & Order." That's a political achievement.
More seriously, when Sen. Biden was talking to Judge Roberts about the so-called Ginsberg rule, he did seem to make some points, saying, look, Judge Ginsburg, at her confirmation hearings specifically told us she thought abortion was protected. She did tell us specifically that she agreed with the majority decision in another key case involving family.
Is Judge Roberts playing this a little too close to the line in saying that I can't answer questions that she answered, even though he says he's following the Ginsberg rule?
THOMPSON: No. In the first place, we're placing too much emphasis on Justice Ginsberg. The rule applies to all other justices in modern times. You start with her and you go more and more to those who answered fewer and fewer questions, really.
She enunciated the rule of no hints, no forecast for herself, and then proceeded on some occasions to talk about individual cases. I think as far as Roe vs. Wade, for example, she felt compelled to because she had written extensively and criticized Roe vs. Wade and felt like she need to elaborate on that.
So each justice has made their own exceptions to the rule they've all articulated, that was they should give no hints or forecasts to cases that might come before them. Justice Roberts, of course, is doing or will do the same thing with regard to, you know, he mentioned Brown vs. Board of Education, the Lochner (ph) case and things of that nature that, in his view, are subtle cases and not likely to come before the court.
BLITZER: Senator?
THOMPSON: That's much different than the hot button issues that everybody wants the judge, basically to say how he will vote. That's what it boils down to. That's something he cannot do.
BLITZER: Senator, very briefly, stare decisis, let the decision stand, the Latin phrase, does that mean Roe vs. Wade, because it is the law right now, should stand?
THOMPSON: I'm not going to address that. That is so hot button. I don't want anything to be taken away, other than to say he's not talking about Roe vs. Wade or any other individual case, when he talks about these broad principles of law.
What he's saying that is precedent is important. And you don't overrule precedent lightly. There are some criteria that the court itself has applied to overruling precedent, how bad is the decision, how unworkable is it on the one hand, how subtle is it? How much have people relied on it on the other hand? That's a balancing test that judges have to go through with regard to any issue. Too much should not be read into these broad principles of law.
BLITZER: Senator Thompson, I know you have to get back down into the hearing. Thanks for joining us. We'll continue to talk with you down the road.
And Judge Roberts is now back in the Senate Hart Office Building in that room. He's speaking with some guests who were there as well, presumably friends of his as we watch these live pictures coming in.
We see Steve Schmidt, the bald guy sitting down there. He's a top aide to the vice president, Dick Cheney. He's been helping guide the senator (sic) through this process, this confirmation process as well. Let's bring in CNN's Jack Cafferty who's been going through your e- mail.
What are you picking up, Jack?
JACK CAFFERTY, CNN ANCHOR, THE SITUATION ROOM: Well, the question we asked, has to do with this very conversation we were just having with Mr. Thompson about whether Judge Roberts should be required to answer specific questions about Roe v. Wade.
Jerry in Tucson writes: "Why should an intelligent man such as Judge Roberts directly answer a question regarding his views on abortion? Was Ruth Bader Ginsberg expected to answer such questions? No. Furthermore, did Republicans badger Justice Ginsberg in her confirmation hearings? No. Not to the extent that Sens. Kennedy and Biden are badgering this nominee."
Kait in Westbrook, Maine, writes: "I think the nominee should answer questions on past cases. Every case that comes to the court is different. Commenting on the specific case would not limit a judge's ability to rule on another case coming to the court."
Bob in Stillwater, Oklahoma: "Facts drive the law. Every case had different facts and elicits different decisions. I suppose one could ask Judge Roberts how he would rule on Roe v. Wade if the same facts were presented today. But no court will rule on hypotheticals. I would not expect him to tie his hands before the facts of a case are presented."
Ron, writes: No, Judge Roberts should not answer specific questions regarding the Roe v. Wade decision. His surprising and encouraging comments about the right to privacy are sufficient. And should have a few conservatives screaming what hath Bush wrought?
And finally, Ann writes, "Judge Roberts is being considered for the highest judicial title in the land. If he's attempting to conceal a personal or religious bias against longstanding constitutional precedent, it's not only fair, it's critical. His evasion itself is revealing."
CAFFERTY: Interesting opinions from our viewers, Wolf. BLITZER: A lot of opinions, there, no doubt there's a lot more out there. Jack, thanks very much. We'll get back to you later in here in THE SITUATION ROOM.
What we're seeing now is Judge Roberts; he's sitting down, he's getting ready for all the other senators, including the chairman, Arlen Specter, to come in and bring the gavel down.
There's Arlen Specter. We expect this to begin momentarily. He has been very much on time from the beginning. Arlen Specter has been running these hearings, these questions on a very tight ship. Repeatedly admonishing some of the senators, including Senator Biden and Senator Kennedy from time to time, let the witness answer the question, if they were interrupting Judge Roberts.
He was stern, Jeff Greenfield.
GREENFIELD: He was. In fact, I have to confess a bias of mine, not political, but there are few senators at these kinds of things who just ask questions. My hall of fame includes former Senator Sam Nunn of Georgia, who was one of the few senators who would actually sit down and give a six-minute speech, followed by, now let me get to the heart of it, because I don't have too much time.
In terms of times, Specter and George W. Bush are the same, they like to run things almost to the minute. In this town, as you know better than I, Wolf, that's a rarity.
BLITZER: Jeff Toobin, the woman sitting directly behind Judge Roberts is his wife. She in her own right is a pretty prominent attorney here in Washington.
TOOBIN: A high-powered lawyer.
BLITZER: Not that woman, on the other side.
TOOBIN: She's actually -- I don't think she's there at the moment.
BLITZER: She's out of the shot right now. You'll see her behind him on his right.
TOOBIN: Tough duty to look attentive all that time.
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