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Thousands of Acres Burning in Southern California; Bombs in Balad; The New Supreme Court

Aired September 29, 2005 - 14:00   ET

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

KYRA PHILLIPS, CNN ANCHOR: Up in flames. Live pictures from southern California. Thousands of acres burning and threatening homes. We'll go there live.
Near simultaneous attacks. Car bombers strike, dozens of people dead and injured in Iraq. We're live on that story.

And a chief justice confirmed. John Roberts gets easy approval, but will the next choice for the Supreme Court lead to a political showdown?

From the CNN Center in Atlanta, I'm Kyra Phillips. This hour of CNN's LIVE FROM starts right now.

Nonexistent yesterday, 17,000 acres today. A monster wildfire just northwest of Los Angeles getting bigger by the minute and closer to neighborhoods filled with expensive homes and terrified homeowners.

One such neighborhood is where we find CNN's Dan Simon -- Dan.

DAN SIMON, CNN CORRESPONDENT: Kyra, still a lot of fire out there. But I've got to tell you, a lot of relief in this neighborhood because firefighters have done an outstanding job in dousing the flames on this mountain behind me. If you were with me about an hour ago, it was a real precarious situation as the flames were barreling down on these homes.

We have one homeowner here.

Marie, you were -- you were a little nervous, weren't you?

MARIE FREELEY NEWTON, THOUSAND OAKS RESIDENT: Yes, kind of a little nervous when the fire came over the last ridge.

SIMON: You were in full panic mode. You were putting things into your vehicle. I know that you were going to go see some friends. You're a lot more relaxed right now.

NEWTON: Yes.

SIMON: Tell me, you saw firefighters doing a heroic job protecting your home. What exactly did they do?

NEWTON: They did a wonderful job. They were here all night. They started at about 2:00 in the morning, and they were here and they watched the flames. And they checked to make sure all the brush was cleared. And they were supportive. And they took the air temperature.

And they did an excellent job. And that's why we need firefighters, teachers and the police.

SIMON: And are you about ready to go back into your home and relax and turn on the television and put your feet up?

NEWTON: Yes, I think I will.

SIMON: I bet you are.

That's Marie Freeley Newton.

Thank you very much for talking to us.

NEWTON: Thank you.

SIMON: Take care.

You can see the firefighters putting some of their equipment away. They are going to go to another neighborhood, presumably.

They've really done an outstanding job. You can see some of them just sort of relaxing. It's been a -- been a very long night for these folks. It's going to be a long day.

And Kyra, as you mentioned, 13 -- or 17,000 acres, rather, have been charred by this blaze. Three thousand firefighters out here on the scene here in southern California.

More hot spots will still come up from time to time. You can see the smoke in the distance. Still some hot spots over there. But the firefighters and the helicopters, they've really done a great job in dousing some of these flames -- Kyra.

PHILLIPS: And Dan, you know, there in southern California, my gosh, the city and the county firefighters, this becomes regular business for them it seems every year. They know exactly how to prepare, where to go, how to try and contain these flames.

Have you had a chance to sit down and just kind of talk to some of them and see how they are feeling compared to years past?

SIMON: Well, they prepare for this all year long. And, of course, a lot of these guys are so experienced. They know exactly what to do.

They have, you know, sate-of-the-art equipment, as you can see right here. They have everything they need. And we've seen so many helicopters coming -- coming back and forth, and fixed wing aircraft dropping retardant. So, you know, you've got to take your hat off to the men and women of the fire department here.

PHILLIPS: Absolutely. Dan Simon. Thank you so much. A great big rain, but not too big would help out a lot in that area. In the meantime, they are stuck with the dreaded Santa Ana winds. Meteorologist Bonnie Schneider has the big picture in our weather center.

(WEATHER REPORT)

PHILLIPS: Three bombs, 10 minutes, 37 dead, maybe more. Triple near-simultaneous attacks in Balad, Iraq, just north of Baghdad.

CNN's Aneesh Raman joins me now with the latest -- Aneesh.

ANEESH RAMAN, CNN CORRESPONDENT: Kyra, good afternoon.

It is a gruesome scene in the town of Balad, just about 50 miles north of the Iraqi capital. As you said, a trio of car bombs detonating, at least 37 people confirmed dead. Scores of others wounded. These are initial numbers. Some reports, Kyra, putting the death toll already at 50.

This was a coordinated attack. The first car bomb detonating at 6:30 p.m. local on one of the main streets in Balad. As is often the case, Iraqis gathered around after that explosion to witness the scene. Ten minutes later, the second car bomb detonating in that same location.

Ten minutes after that, in another location, also on another main street in Balad. A third car bomb exploding.

Now, Kyra, Thursday nights in Iraq are like Friday nights back in the U.S. Tomorrow begins the weekend. So one can only assume there would have been a good number of people out on these main streets when these explosions took place.

Balad is the site of frequent insurgent attacks. There's a U.S. base there that is often mortared. And clearly again, tonight, the insurgency making itself known.

This is the deadliest attack we've seen, Kyra, since those bombings on September 14 in the capital that killed over 100 people. Those explicitly, according to a statesmen by Abu Musab al-Zarqawi, in response for the military offensive that had taken place just days before in the northwestern town of Tal Afar, Zarqawi and his insurgents who were operating in that area forced out by that joint Iraqi-U.S. military operation responding, though, by attacks here in Baghdad.

On Sunday, of course, you'll recall a joint U.S.-Iraqi operation led to the death of al Qaeda in Iraq's number two, Abu Azzam. The hope, of course, was that would deal a blow to the insurgency.

It's far too early, Kyra, for us to tell if that organization, if al Qaeda in Iraq was behind these bombings. But clearly, tonight, the insurgency yet again making its presence known.

Yet again, Iraqi civilians in this majority Shia area bearing the brunt. Three car bomb attacks very coordinated, killing now at least 37 people -- Kyra.

PHILLIPS: Aneesh Raman, live from Baghdad.

Well, the new attacks coincide with a sit rep, situation report, my America's very top brass to the U.S. Congress, a Congress showing clear signs of battle fatigue.

CNN's Barbara Starr is watching it from the Pentagon -- Barbara.

BARBARA STARR, CNN PENTAGON CORRESPONDENT: Well, Kyra, even as that hearing continues on Capitol Hill today, there was an announcement that five additional U.S. soldiers were killed in an IED attack near Ramadi yesterday. That now, along with Aneesh's report, that means the violence is still unending, of course, in Iraq.

A very obvious situation to those on Capitol Hill. More than 20 U.S. troops killed in action in Iraq in the last week alone.

This comes, as we say, as General Abizaid and Casey, along with Secretary Rumsfeld and the chairman of the Joint Chiefs of Staff, this afternoon are now testifying on the House side of Capitol Hill. They spent the entire morning testifying before the Senate, where Democrats remain very skeptical of the administration's strategy and operations in Iraq.

(BEGIN VIDEO CLIP)

SEN. JOSEPH LIEBERMAN (D), CONNECTICUT: There's a battlefield at home, as well as a battlefield over there. And support for the war is eroding here.

We can feel it at home. When we go home, we can see it in the public opinion polls. And it's very critical that you in the uniformed military be part of two things.

Two questions we've got to answer. One, is it worth it for us to be in Iraq? And two, is what we are doing working?

(END VIDEO CLIP)

STARR: But General Casey, on the other side of the witness table, making his case that that kind of self doubt is exactly what the insurgency is trying to instill in the United States.

(BEGIN VIDEO CLIP)

GEN. GEORGE CASEY, U.S. ARMY: That is what the terrorists and insurgents are trying to convey. They are trying to convey that they are winning. And they are doing it by murdering innocent Iraqis, and by putting car bombs and improvised explosive devices against us and our Iraqi colleagues, and colleagues against civilians.

And it's a tough situation. But that's what a terror campaign is all about.

(END VIDEO CLIP) STARR: But senior commanders are making it very clear, in the run-up to that Iraqi referendum on their constitution that is scheduled for October 15, there certainly is the expectation of another few -- several weeks of violence, even after that voting date. What they are saying is the future picture, of course, all depends on the status of those Iraqi security forces. And there was a very mixed picture presented on Capitol Hill today, I have to tell you, Kyra.

On the one hand, commanders are saying now they do feel they finally have enough security forces, Iraqis out in the field, that it is the Iraqis that can begin to increasingly take the lead and hold on to some of those towns in western Iraq where there has been so much fighting against the insurgency, where when U.S. troops leave, the insurgency comes back. But there was a very odd statistic offered today at the Senate hearing this morning.

They said that it was the case in recent weeks there were three Iraqi army battalions that were fully independent, fully capable of operating on their own. And now, there is just one.

And the answer, we are told, is because there are more additional new recruits into the Iraqi army. And they still need more additional training -- Kyra.

PHILLIPS: Barbara Starr, live from the Pentagon. Thanks.

And now to New Orleans and something not felt for several weeks, an upbeat mood, at least in some parts of the city. Under a phased plan, Mayor Ray Nagin is allowing business owners to return to eight zip code areas to assess the damage and begin the process of rebuilding.

Residents in those zip codes may return starting tomorrow. The rest of the city will reopen next Wednesday, except for the Lower 9th Ward, which suffered extensive flooding from both Hurricane Katrina and Rita.

Now, a few areas, the French Quarter, the central business district, and uptown have already reopened. Vice Admiral Thad Allen with the U.S. Coast Guard, the FEMA official directing relief efforts, spoke to reporters today about the recovery process.

(BEGIN VIDEO CLIP)

VICE ADM. THAD ALLEN, DIRECTOR, HURRICANE RELIEF OPS.: We are up near close to two billion people -- excuse me, two million people that have requested assistance. Well over $1 billion in assistance provided to the public.

The administration has announced a housing transition program. That is being subscribed to. The goal right now is to move people out of evacuation shelters and into transition or temporary housing and get them into permanent homes.

(END VIDEO CLIP) PHILLIPS: Louisiana Governor Kathleen Blanco is met -- is going to meet this afternoon, rather, with business leaders to discuss hurricane reconstruction for that state. There is speculation that the governor may set up her own panel on rebuilding, one that would operate separately from the federal government or local officials. Louisiana congressional delegation is seeking $250 billion in federal aid to rebuild New Orleans and other areas in that state hit hard by Katrina and Rita.

And in neighboring Mississippi, one of the bigger issues is what to do about all those floating casinos. All 13 operating on the Mississippi coast were severely damaged by Hurricane Katrina. It's a top agenda item of the state legislature, called into special session this week by Governor Haley Barbour.

Barbour, a Republican, is calling for a change in state law to allow the casinos to be built on shore. That stand is putting him squarely at odds with some conservative lawmakers who normally are his staunchest allies. Barbour says that the move makes sense for both safety and financial reasons.

(BEGIN VIDEO CLIP)

GOV. HALEY BARBOUR (R), MISSISSIPPI: To say those were all floating, every one of them on the coast was destroyed. Every single one. Many of them were thrown across the highway, hit hotels, hit buildings, hit vehicles. And only because we had evacuated did it not kill a lot of people.

So coming back with them sitting in the water is not the right thing to do. I propose just bringing them ashore a few hundred feet.

You know, in a state 400 miles long like ours, a few hundred feet is irrelevant. But they can be put safely, securely on land that way. And it will solve that problem. It will also allow them to grow so they can be more than just gambling. So they can really become world- class resorts.

(END VIDEO CLIP)

PHILLIPS: Under current law, casinos must be on the Mississippi River or the Gulf of Mexico. Barbour's plan doesn't affect the river casinos.

Live picture once again from southern California. Firefighters from the air to the ground working 17,000 acres. That's the extent of where the flames are spreading.

These pictures coming to us from KABC, one of our affiliates out of Los Angeles. The area widely effected right now, Chatsworth area, Thousand Oaks area, the Bell Canyon area. You can see those flames right up against homes, not only in the mountainous areas, but coming in close to neighborhoods.

A lot of worried residents about how close those flames will get. A lot of people evacuating, packing up their things and getting out of the area. We will follow what firefighters are doing throughout the day and tell you the latest information on the California wildfires that are taking place in those areas.

Well, when the storms move out, the scammers move in.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: I was taken for $20,500.

UNIDENTIFIED FEMALE: I am very angry. I am very, very angry.

(END VIDEO CLIP)

PHILLIPS: Just ahead, homeowners get hit by a second wave of devastation after the hurricanes are gone. We'll tell you about it.

(COMMERCIAL BREAK)

PHILLIPS: Now to the new chief justice of the United States. As expected, Judge John Roberts was easily confirmed today as the 17th chief justice. The Senate vote was 78 to 22. All 55 Republican senators voted for Roberts, as well as half of the Democrats.

Roberts, who is 50 years old, succeeds the late William Rehnquist, who died earlier this month.

Roberts is expected to lead the Supreme Court through major fights over divisive issues for years to come. In this year alone, Roberts and the other justices will tackle assisted suicide, abortion, and campaign finance. But focus right now turns to another Supreme Court vacancy created by the retirement of Justice Sandra Day O'Connor. You'll recall that President Bush originally named Roberts to succeed O'Connor before the death of Rehnquist.

Joining us to talk about all this, CNN Senior Legal Analyst Jeffrey Toobin.

Good to see you, Jeffrey.

JEFFREY TOOBIN, CNN SR. LEGAL ANALYST: Hey, Kyra.

PHILLIPS: So the last time we talked about the possible replacement, we were talking a lot about Edith Clement. Well, the White House kept a huge secret, and we were wrong, weren't we? So do we dare talk about Harriet Miers?

TOOBIN: Well, you know, it's funny. We don't know how much of this is red herring. This is a White House that is very good at keeping its secrets. And, you know, names have been floated.

What's remarkable about this go-round as opposed to the last time President Bush announced a vacancy is that not even the short lists are consistent among the various people reporting them. I mean, this one is really wide open as far as anyone can tell.

And so, I don't know. PHILLIPS: Well, let's talk about Harriet Miers.

TOOBIN: Harriet Miers, you know, someone who really came out of nowhere as a candidate. She's the White House counsel. She's President Bush's former lawyer, a Dallas lawyer, never been a judge, never, you know, served in government except on the Dallas City Council before she joined the White House staff. She's 60 years old, which is a little old by the standards that the Bush folks have wanted to use.

PHILLIPS: Don't tell her that, Jeffrey.

TOOBIN: Well, you know, I know. I'm a little uncomfortable saying that.

PHILLIPS: Then again, 50 is young, right? We talk about John Roberts, so...

TOOBIN: John Roberts is a spritely 50. And, you know, the Bush folks want to put their stamp on the judiciary for a long, long time.

So 50, as John Roberts is, beats 60, as Harriet Miers is. But, you know, there is a lot of pressure on President Bush, including from his wife, to appoint a woman. And Harriet Miers is someone he obviously trusts.

PHILLIPS: And -- but we talked about the issue of minority also. I guess maybe you could put a female into that. But Alberto Gonzales, once again, his name came up a lot last time around. Maybe this is the time.

TOOBIN: He's a former justice of the Texas Supreme Court, former White House counsel, currently the attorney general. He is not trusted by the Republican conservative base, some people that the president looks to for a great deal of support, for whatever reason. And frankly, it's mysterious to me why he is regarded as a closet moderate by so many on the Republican right.

But he is, which I think reduces the chances that he will be the first Hispanic on the court. But President Bush would, I think, clearly love to put a Hispanic on the court. It may be Gonzales. It may not.

PHILLIPS: Well, when we look at the last time around versus now, you were saying that this is definitely a harder pick. Why? Is it because of the decisions that will have to be made?

TOOBIN: I think it's because of the effect on the court. The replacement for Chief Justice Rehnquist is a conservative, but Chief Justice Rehnquist was one of the three most conservative members on the court, with Clarence Thomas and Antonin Scalia. So the balance of the court will not really shift if Roberts is, as expected, a conservative.

Sandra Day O'Connor very different story. She's been the swing vote. She is the person who saved affirmative action. She is the person who was part of the majority vetoing partial birth abortion.

I mean, she has been a consistently unpredictable voice. So a true conservative would shift the balance of the court. Everyone knows that. So the Democrats are spoiling for a fight on this seat much more than they were on the Rehnquist replacement.

PHILLIPS: Jeffrey Toobin. Thank you so much.

TOOBIN: And by the way...

PHILLIPS: Yes?

TOOBIN: Chief Justice Roberts will be sworn in at 3:00 live on CNN.

PHILLIPS: Hey, there you go. Three -- that's just about...

TOOBIN: Three o'clock Eastern.

PHILLIPS: ... Eastern time.

TOOBIN: A little less than an hour.

PHILLIPS: So we've got -- there you go. Very good. About 35 minutes. And we will bring it to you live.

Thank you very much. Now, are you going to be live in THE SITUATION ROOM as well, Jeffrey Toobin?

TOOBIN: I believe so.

PHILLIPS: OK. You won't be working on that article for "The New Yorker?"

TOOBIN: No, not at the moment.

PHILLIPS: OK. We'll check in. Thanks, Jeffrey.

TOOBIN: See you.

PHILLIPS: Well, imagine coming home to find everything you own covered with dangerous mold, toxic mold. Ahead on LIVE FROM, a woman trying to clean up and move on tells her story.

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