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New York City Mayor to Seek Restraining Order Against Striking Transit Workers; Two New Orleans Police Officers Fired For Beating Incident Caught on Tape; Elton John Weds Longtime Partner

Aired December 21, 2005 - 15:00   ET

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

CAROL LIN, CNN ANCHOR: Well, New York Mayor Michael Bloomberg is trying to set up the -- or step up the pressure on the striking transit workers.
Speaking at a news conference just a few minutes ago, Bloomberg called the strike intolerable, unfortunate and unnecessary. The New York transit strike is in its second day.

CNN senior correspondent Allan Chernoff joins us now with the very latest.

Allan, the mayor says that they are asking for a temporary restraining order against the transit workers to get them back to work. Would that end the strike?

ALLAN CHERNOFF, CNN SENIOR CORRESPONDENT: Well, Carol, it is not clear that it would, because, keep in mind, this strike already is illegal.

It's a violation of New York State's Taylor Law, which forbids employees from going on strike -- the mayor using the same rhetoric that he has been using since before the strike began, calling the union selfish. He really has shown a lot of fury here, probably more than we have seen at any time during his stewardship of this city.

Earlier today, the chief counsel for the city was in court in Brooklyn, which is right over the bridge, right behind me. And, in court, he did ask for a temporary restraining order. It's expected that the judge in this case will hold the hearing on that very issue tomorrow, the same judge who already has fined the union $1 million a day for every day of this strike.

The mayor also said that, so far, this strike has been devastating to the city's economy.

(BEGIN VIDEO CLIP)

MICHAEL BLOOMBERG (R), MAYOR OF NEW YORK: But make no mistake about this. Although the city is holding up well under the circumstances, this illegal, selfish strike is hurting our New York and hurting our people. The effects are rippling through our economy.

(END VIDEO CLIP)

CHERNOFF: The mayor added that Broadway is suffering. Keep in mind, today is matinee day. So, the matinees on Broadway are suffering. He said museum attendance is down by 80 percent. He some stores in the Bronx have reported sales down by about 60 percent. And, in Brooklyn, at the Fulton Mall, which is right near the other side of the Brooklyn Bridge, he said some stores have seen sales plummet by as much as 90 percent -- and, of course, Carol, this a very critical week for the retailing industry.

LIN: So, Allan, what is the toughest issue between the transit workers and the city?

CHERNOFF: Carol, it appears to be the issue of pensions.

What the Metropolitan Transit Authority had been asking for was for the union to agree to an increase in the age at which people could retire with a pension of half their income. Currently, that age is 55. The MTA wanted to boost it up to 62.

But, apparently, at the last minute, they took that request off the table, but then asked the union to increase -- for new members to actually increase their payment towards their pension, up from the current 2 percent, to 6 percent of their salaries. And the union said, absolutely not. And that led to the walkout.

So, that seems to have been the issue that really broke the back here.

LIN: Well, the -- the transit workers could lose two days' pay for every day that they walk out. So, is the union united on this strike?

CHERNOFF: Carol, actually, quite controversial, not -- not united at all.

As a matter of fact, the parent of the local union here, the International Transport Workers Union, has actually come out in opposition to this strike. They have told the workers, do not strike. Go back to your jobs.

How often do you actually see the parent of a local defying what the local is doing? So, it's -- it's a really exceptional situation here, very interesting, not only within New York City, but also for labor lawyers and for the entire employment industry, for people following the controversy here.

LIN: Not a very merry Christmas just yet, Allan.

Thanks very much -- Allan Chernoff reporting live in New York on the transit strike.

All right, did cracks bring -- in the wing bring down that vintage seaplane in Miami on Monday? Well, investigators say they have found a stress fracture in the wing that broke off of the 58- year-old aircraft. The fracture was found inside the right wing spar. That's the interior structure of the wing. Amateur video, obtained by CNN, shows the plane's burning and smoking wing hit seconds after the fuselage slammed into the ocean. Now, in this type of plane, the fuel is actually carried inside the wings.

A spokesman for the National Transportation Safety Board says the FAA and Chalk's Ocean Airways, which owns the plane, have been told of the flaw and would determine if the company's entire fleet of Grumman seaplanes needs to be grounded. All those on board the plane, 18 passengers and two crew members, died in that crash.

Well, the National Transportation Safety Board has a briefing scheduled in Miami. We're going to take you there live when that happens.

And this just in to CNN: The bodies of two Baltimore police officers have been found in a home in suburban Randallstown, Maryland. Baltimore County Police say the two officers, a man and a woman, had been shot. A male suspect turned himself in to police a short while ago. Police say the victims and the suspect knew one another, and it was not a random crime.

Crime and punishment in New Orleans -- two police officers caught on tape beating an elderly man have been fired. At least one officer was seen punching the 64-year-old man and slamming his head against a wall on Bourbon Street in October. A third officer, who was accused of grabbing a reporter, has been suspended for four months.

The incident proved to be an embarrassment for New Orleans in the aftermath of Hurricane Katrina.

Well, on the loose two years after his arrest, a suspected serial rapist is the subject of another massive manhunt in Florida. He escaped from a Miami jail last night. And police say he is armed and dangerous.

CNN's Christopher King following developments for us in Miami.

Christopher, they had a news conference a short time ago. What are they going to do to catch this guy?

CHRISTOPHER KING, CNN CORRESPONDENT: Well, Carol, the big question is, how did he escape?

And there's a massive manhunt out for Reynaldo Rapalo. He's also known as the Shenandoah rapist. Now, he's accused of raping seven victims from age 11 through 79 over the past several years. He's also accused of attempting to attack four other victims.

Now, police want to know -- and, of course, the entire law enforcement community wants to know -- how did he get out? Now, Rapalo, age 34, escaped from the Turner Guilford Knight correctional facility in Dade County around 9:20 last night.

They say he tried to -- he tied together bed sheets and then climbed down to the street. Rapalo was arrested back in 2003. He had been awaiting trial. He escaped through a vent on his -- in his cell on the sixth floor. Now, the correctional facility -- the correctional department says that he was in a maximum-security part of the prison.

But, of course, they also say there are no bars on the doors or the windows. So, he escaped through a vent in his -- in his cell. But it's not entirely clear how he got up there and how he got out.

Now, police say another man tried to escape along with Rapalo. His name is Idanio Bravo. He is age 38. Bravo's accused of sexually abusing a minor. He broke his leg in his attempt to escape. But he was caught. And he was undergoing surgery. They say he is now in recovery.

And, of course, law enforcement officials say, they expect him to cooperate in this investigation. He was, of course, caught.

Now, they have launched a massive manhunt for Rapalo. They're combing the streets. They're monitoring the airport. They're monitoring the terminals. They also have police officers stationed outside the homes of the victims. And, of course, police and the mayor and the corrections officer says -- and corrections facility say that they will use all their resources to find Rapalo.

Now, the -- the state attorney spoke a little while ago. And here's what she had to say.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Here we are again, looking for someone who is a danger to our community, who has destroyed lives, to this day, cannot find any peace of mind in their lives. And now we have a community and a law enforcement community that is turned upside down looking for this person.

But I have faith, despite the frustration that you may hear in my voice. I have faith in this community. I know this law enforcement community. If he can be caught, they're going catch him.

(END VIDEO CLIP)

KING: Now, of course, you could hear the frustration in her voice. Of course, the law enforcement community is very angry about this. They want to know how he got out. And, of course, they have a massive manhunt. They say they're not -- they're going to exhaust every resource they have to find Rapalo and get him and -- and bring him to justice -- Carol.

LIN: All right. Thanks very much, Christopher.

Right now, want to take you to Washington, D.C., and the White House, where President Bush is talking about an $8 billion funding bill to rebuild areas hard-hit by Katrina.

(JOINED IN PROGRESS) GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: ... job is to -- is represent the administration there as he interfaces with state and local officials.

I want to thank you, Don, for taking on this assignment.

When I spoke to the nation from Jackson Square in New Orleans, I said our job and our goal for the Gulf Coast was not just to survive, but to thrive, and not just to cope, but to overcome. And I meant it.

And we're now implementing a comprehensive plan to help the people of the region recover and rebuild.

We've helped a lot of people get temporary housing. We're now in the process of helping them to transition to permanent homes.

Helping people find housing is going to be one of the really important challenges that we all face together in order to help these areas rebuild.

And we're working to assist the school districts that have taken in students from the affected areas. There's a lot of school districts around our country that say, "We want to help. Let us educate the children of those who evacuated, and now we're helping to rebuild them."

We're also helping to rebuild the schools in the affected regions.

Last week, we announced our plan to strengthen the levee system in New Orleans.

And in the last 24 hours, I extended full federal coverage of the cost of debris removal for Louisiana and Mississippi. We want to get the debris out of the way. I can't imagine anything more discouraging than to continue to see the piles -- and I mean, literally piles of debris. And the sooner we can get that debris removed and disposed of, the more hopeful people will become.

Today I am going to sign the Gulf Opportunity Zone Act of 2005. It's a step forward to fulfill this country's commitment to help rebuild. It's going to help small businesses, is what it's going to do.

For small businesses in the affected area, the G. O. Zone will double expensing for investments in new equipment from $100,000 to $200,000. The bill also provides a 50 percent bonus depreciation, and that means tax relief for small businesses and businesses that purchase new equipment and build new structures.

In other words, this tax act provides incentives for people to move forward.

And as these businesses move forward, they're going to need to employ people. So this is a tax bill that has got employment consequences to it. This is going to help the entrepreneurs of Louisiana and Mississippi and Alabama. Entrepreneurship creates opportunity, which creates jobs.

This is just part of our plan to help the people get back to work. We've got to help workers get the skills they need.

I just met with a group of concerned citizens from business and labor and education, all aspects of society.

Again, I want to thank you all for being there.

We're talking about how to help put together a strategy that takes advantage of the jobs that are going to be created down there to make sure there's a skill-set match. They got a lot of people that want to work, and yet they may not all be electricians or plumbers.

And so one of the real challenges and opportunities we have is to match willing worker with jobs which will actually exist. And that's what we're talking about and strategizing about.

And again, I want to thank you all very much.

This is the private sector and public sector working in close coordination.

Don Powell is going to help put together a strategy that will be -- one, that's easy to understand and, two, that will have moments that we'll be able to measure whether or not we're making progress.

The G.O. Zone Act does a couple of other things.

It increases funding for HOPE Scholarships and lifetime learning credits for students attending colleges and graduate schools in the Gulf Opportunity Zone. It's going to make continuing education for workers more accessible and help support high-skilled training that these Gulf Coast residents are going to need to fill the jobs which are actually going to be existing.

By the way, in a year from now, we're going to be talking about: What are we going to do about all these jobs? And who's going to fill them? As a matter of fact, there's a job shortage already down there.

And again I'll repeat to you: This provides a great opportunity to make sure that the folks in Mississippi and Louisiana can find work.

And those are the folks we want to be first in line, by the way. If you're from New Orleans, Louisiana, we want you to be the first person to get the job.

And what I'm telling you is we're going to work to make sure housing is available for you and that there's a training center or a training program that will help you match your desire to work with the jobs which actually exist. If you're from Mississippi, we want those new jobs to go to Mississippi residents. And we want to help the Mississippi Community College, for example, to become a vital training center for jobs which are going to be needed to help this important part of our country get back up on its feet.

The Senate passed a deficit reduction bill that's going to provide $2 billion to help states pay for critical medical care for those evacuees who need it. That's important.

The Defense appropriations bill that the Senate is now considering -- and I hope passes -- would help repair damaged transportation infrastructure and provide important federal funding for New Orleans to rebuild the levees and correct any design and construction flaws of those levees.

These bills are important for the future of the Gulf Coast. The DOD bill is really important, as the good senator will tell you.

This time of year, Americans, we give our thanks for the many blessings we have. We renew our commitment to help those who are in need. We're going to continue to work together to build a better future for the people of the Gulf Coast.

And the bill I'm about to sign is going to make a difference. It's an important piece of legislation. It's part of our strategy to accomplish an important national goal, and that is a revitalized Gulf Coast and a New Orleans that is a shining example of what America can do when it puts its mind to something.

So again, thank you all for coming. Now I'm honored to sign the bill.

(APPLAUSE)

LIN: President Bush signing legislation that will provide $8 billion in tax incentives and tax rebates, also scholarships. He's trying to get small businesses help to start up again and, theoretically, create jobs and help local people find new jobs, as well as figure out a way to match people's skills to the jobs that will be created, and HOPE Scholarships, also, so that kids will have an opportunity to, once again, learn and rebuild in their own communities.

Well, the news keeps coming. We are going to bring it to you as it happens -- more LIVE FROM straight ahead.

(COMMERCIAL BREAK)

LIN: A developing story now: Two New Orleans police officers have been fired and one suspended in the videotaped beating of an elderly man.

One officer was caught on tape punching the 64-year-old man on Bourbon Street in the weeks following Hurricane Katrina.

CNN's Alina Cho has been following this story from the very beginning.

Alina, you have been working the phones. What have you found out?

ALINA CHO, CNN CORRESPONDENT: Well, Carol, I just got off the phone with the beating victim's attorney, Joseph Bruno. He has not spoken to his client just yet, since this news is still breaking.

But he did get off the phone with Robert Davis' daughter, who said she was very pleased with this news. Of course, the lawyer is, too. He said that: We believe that these men should not be working for the New Orleans Police Department. He called it the appropriate response, the right thing to do, and said, in every basket, there are a couple of bad apples, and these are a few of them. He said that this action shows him the department's resolve to make things right.

Of course, you're looking at APTN video right now that became so famous when it happened back on October 8, a Saturday night, in the heart of the French Quarter, by the way, on Bourbon and Conti Street, for those who don't -- do know New Orleans.

Police, at the time, and still contend, 64-year-old Robert Davis was intoxicated and resisting arrest. Of course, his attorney disputes that. On the tape, you can see that Davis was beaten, very clearly, at least four times. His head hit a brick wall. And -- and, later on, our very own CNN photographer captured the bloody aftermath.

And -- and this showed Davis' white shirt clearly bloodied. You can see him on the ground there, struggling to get up. And -- and he simply could not get up, some very, very graphic video there.

And -- and many of our viewers remember this when it happened at the time.

What is interesting, Carol, having just gotten off the phone with a lawyer for 64-year-old Robert Davis, is that the charges against him have not been dropped. Joseph Bruno, the attorney, told me he, just this morning, called the city attorney and said: Listen, if ever there was a time to -- to drop these charges, now is the time. It's Christmas. Let's give Mr. Davis a gift here. It's clear, since these officers were fired and one suspended, that these charges against Davis should be dropped -- Carol.

LIN: Right.

And did he sustain any permanent physical damage?

CHO: Well, you know, he's still recovering.

And, in fact, his attorney told me that he is living in Atlanta, because, to add insult to injury, his home was destroyed in the storm. And, so, he is staying with some friends and relatives in the Atlanta right now and still recovering.

But, again, the important thing to note is that these charges against him, which include public intoxication, assault, and resisting arrest, have not been dropped against 64-year-old Robert Davis...

LIN: Right.

CHO: ... who, by the way, is a retired schoolteacher, and -- and who, his attorney claims, had not had a drink in -- in -- in decades.

LIN: And real, real, real quick, any criminal charges against the officers?

CHO: That is still pending as well. They are charged with assault. And -- and that trial is set to go forward in the -- in the beginning of January.

LIN: Right.

CHO: Carol.

LIN: Alina Cho, thank you very much.

Well, walking to work -- day two of the transit strike in New York. We are expecting to hear from New York Governor George Pataki.

LIVE FROM has all of the news you all need this afternoon. So, stay right there.

(COMMERCIAL BREAK)

LIN: A follow-up now on a heartbreaking story you will only see on CNN -- it's one of countless families shattered by Russia's long conflict with Chechnya. Five years ago, our cameras were rolling when it appears a Russian officer unlawfully decided the fate of a young rebel.

CNN's Ryan Chilcote was there then, and now he has gone back.

(BEGIN VIDEOTAPE)

RYAN CHILCOTE, CNN CORRESPONDENT (voice-over): February 2, 2000. Nothing could have prepared me for what I saw when a group of Chechen rebels who had just walked through a mine field surrendered to Russian forces, or the conversation I would overhear between a wounded rebel prisoner and a Russian general.

The general was angry the prisoner was wearing a Russian uniform, and grew angrier as they argued about who's to blame for the war.

"Get him the heck out of here," he told his soldiers. "Rub him out. Kill him, damn it. That's your entire order. Get him over there. Rub him out. Shoot him."

The soldiers didn't shoot him there. Instead, he was separated from the other prisoners and taken to an armored personnel carrier. A month later, I found the rebel's family and showed them the tape. They hadn't heard from their son Murat in months. His mother, Fatima, watched and was left speechless. Russian forces captured the Chechen capital in the days after Murat's detention, and interest in the war in Chechnya faded. I, too, moved on. But Fatima, the rebel's mother, didn't. Five years, 10 months later, I caught up with her in Moscow to learn that she had spent the entire time looking for her son.

FATIMA BAZORKINA, MURAT'S MOTHER (through translator): I did practically all of it on foot. I had calluses on my feet because I was always walking from one village to the next.

CHILCOTE: Fatima's first stop, a prison in Chechnya where many of the detainees had been taken.

BAZORKINA (through translator): I spent three months never leaving the front gates. Once in a while, they would let prisoners out, and I would talk to them to get information.

CHILCOTE: When that yielded nothing, she went on to look for Murat in one of Chechnya's mass graves, in the village of Komsomolskoye.

BAZORKINA (through translator): I knew I didn't have much hope of finding him there, because most of the dead had been killed in fighting that took place after his surrender. But you know how they say anything's possible in war. I thought maybe they would have dumped his body.

CHILCOTE: As the war raged on, she also formed a network with other mothers looking for their missing sons.

BAZORKINA (through translator): All of the mothers who were looking for their sons traded pictures and information. If I went to one village, they would go to another. Everybody in Chechnya probably has a picture of my son.

CHILCOTE: She found another mother's son, but not her own. Nobody else found Murat either. Now she's appealed to the European Court for Human Rights.

OLE SOLVANG, EXECUTIVE DIRECTOR, STICHTING RUSSIAN JUSTICE INITIATIVE: Unfortunately, Fatima's case is a very typical one in Chechnya. There are literally -- literally hundreds and thousands of people that have disappeared since the -- since 1999. And what is particular about this case is the very strong evidence that we have in it, that we have a film of him being -- of her son being detained, and that we also have film of a Russian general ordering him executed.

UNIDENTIFIED MALE: I declare open the public hearing in the case against Bazorkina against Russia.

CHILCOTE: Fatima's case was heard in the International Court's chambers in Strassburg, France, the first case ever to be heard about a disappearance in Chechnya. It could take the court three months to deliberate, but Fatima is used to waiting and watching, over and over again, the video of her son's detention. BAZORKINA (through translator): I try to identify the soldiers. I even found the general, but I couldn't get him to see me. I also found one of the guys that was standing next to the bus. That's why I watch it. But it's really painful. Even today, when I watch, after so much time has passed, it hurts.

CHILCOTE: General Alexander Baranov, the man seen on the tape sending Murat off to be shot, went on to receive the Hero of Russia Award and be promoted. He's now in charge of all forces in the Russian region that includes Chechnya.

Fatima says she will never give up.

BAZORKINA (through translator): You can make peace with everything, but not with losing your child. It's frightening. There's nothing more than not knowing what happened to your child. Burying him would be easier.

CHILCOTE: Ryan Chilcote, CNN, Moscow.

(END VIDEOTAPE)

LIN: We have also got another developing story to tell you about.

American terror suspect Jose Padilla, who has been held in military custody, there's been another decision in this case.

Kelli Arena, our Justice Department correspondent, standing by now with the very latest.

What's happening in this case, Kelli?

KELLI ARENA, CNN JUSTICE DEPARTMENT CORRESPONDENT: Well, Carol, if you remember, about a month ago, the government decided to bring charges against Jose Padilla, who has been held in military custody as an enemy combatant for more than three years.

The government made a request of the 4th Circuit Court of Appeals in Richmond, Virginia, saying OK, we want to transfer him from military custody over to civilian custody. Well, that court has denied the government's request.

Here's why. This is the court that ruled that the president did have the authority to detain enemy combatants here in the United States who were going to take up arms against the U.S. to do harm. That decision was, of course, appealed by Padilla's lawyers and we were waiting for the Supreme Court to decide whether or not to hear that case.

The government's move happened before the Supreme Court decided. So the court says, look, it looks like the government is trying to avoid a Supreme Court decision on that issue. We think that this is something that the high court should decide on. We think it's very important and so, therefore, we're not going to put that earlier decision aside.

We're not transferring him over to civilian custody. He remains an enemy combatant and that's that. We haven't heard -- this is all very new, Carol. We haven't heard yet from the government. I'm sure we'll get some sort of a response sometime soon.

But the bottom line here is that Jose Padilla, who thought he might be getting out of military custody, remains there in the brig and will not, at least according to this ruling, face civilian charges just yet.

LIN: And Jose Padilla was accused of being an al Qaeda operative and potentially trying to set off a dirty bomb, a radioactive bomb, somewhere in the United States.

ARENA: That's -- those are the original. The actual charges that were brought against him in the indictment were for conspiracy to murder, maim and kidnap people, providing material support to terrorists and then conspiracy to provide that support.

So there was a big hubbub, if you remember, Carol, a month ago that none of those dirty bomb charges or apartment buildings blowing up charges were in that indictment at all.

LIN: But he's not had a trial yet.

ARENA: No, he hasn't.

LIN: And that's really at the crux of this.

ARENA: And that's at the crux. It's a U.S. citizen who has been held without charges for more than three years in a military brig. We thought he was finally going to face charges, but he's not. And this court saying it's because, you know, there is an issue, a very important issue, pending before the Supreme Court.

The Supreme Court should get an opportunity to decide whether or not it's going to take that case up because, you know, this could definitely dictate the rest of the direction on the war on terror in this country.

LIN: Right, the rights of the average American, if accused of being an enemy combatant.

ARENA: That's right.

LIN: All right. Kelli Arena, thank you very much.

ARENA: You're welcome, Carol.

LIN: Well, it's been a week of civil disobedience in Hong Kong. Last week's WTO protests got out of hand. And today a man dressed as Old St. Nick brought the city center to a standstill. He climbed an overpass, hung a pro-democracy banner and basically made a scene.

That was while lawmakers voted on a limited election reform measure. About 2,000 supporters of democracy sat vigil through the night. The election bill was eventually voted down by legislators who want a specific date for Hong Kong to become fully democratic. Hong Kong officially a territory of mainland China -- communist mainland China.

Well, coming up on LIVE FROM, fashion is old hat for the pope who wears Prada. Benedict breaks out some vintage papal style and gets noticed way beyond the Vatican. If it's worth knowing about, we've got it right here.

(COMMERCIAL BREAK)

LIN: All right, working on this developing story of what caused that seaplane to crash off the coast of Miami, as it was on its way to Bimini, 20 people killed, a new development here that the company that owns that airplane has a whole fleet of planes that they are voluntarily grounding their planes so that they can be inspected. Chalks Airways has voluntarily grounded its fleet so that it can be inspected.

Preliminary reports show, according to NTSB investigators, that there was a crack in the body of the right wing, inside the main part of the right wing. And CNN have been airing video of not only the plane crashing but also the fiery wing following it and plunging into the ocean. Let's listen to the very latest from the NTSB right now, live.

UNIDENTIFIED MALE: Later this evening I hopefully will be able to have an answer for you.

QUESTION: And our long before you'll know about the CVR?

UNIDENTIFIED MALE: This afternoon we'll know something. I'll take one more question and then again, this evening we'll have significantly more information for you.

QUESTION: Is Chalks cooperating fully in the ...

UNIDENTIFIED MALE: They are cooperating fully in the investigation.

QUESTION: And you're having a back and forth conversation with ...

UNIDENTIFIED MALE: They are a party to this investigation as I announced yesterday, which means they are providing us all the technical assistance that we need concerning this aircraft and their operations. I will see you this evening. Thank you.

UNIDENTIFIED MALE: Thank you.

LIN: All right, not much else to report except that the NTSB is saying that Chalk Airways is fully cooperating with the investigation, that there was a stress fracture inside the right wing of the airplane that crashed. So Chalks Airway is now grounding its fleet for inspection. In the meantime, Defense Secretary Donald Rumsfeld says he doesn't know if Osama bin Laden is still alive. But if he is, he may not be in full command of the al Qaeda terror network. Now, Rumsfeld's comments came during his flight from the U.S. to Pakistan yesterday.

(BEGIN VIDEO CLIP)

DONALD RUMSFELD, DEFENSE SECRETARY: I think it is interesting that we haven't heard from him for a year, close to a year. I don't know what it means. I suspect that, in any event, if he's alive and functioning, that he's probably spending a major fraction of his time trying to avoid being caught.

He -- I have trouble believing that he's able to operate sufficiently to be in a position of major command over a worldwide al Qaeda operation, but I could be wrong. We just don't know.

(END VIDEO CLIP)

LIN: Well, Rumsfeld said that capturing bin Laden remains a priority. From Pakistan, Rumsfeld flew to Afghanistan today where he assured Afghan president Hamid Karzai of continued U.S. military support.

Well, we pay a lot of attention to opinion polls here in this country, Americans' opinion of the president, of the war, of public policy. But today we have data from a poll taken in mostly Muslim Pakistan, and the results are pretty interesting.

For example, nearly 1,500 adults were surveyed. A slight plurality have an overall favorable opinion of the United States, quite a difference from six months ago. When asked if they approved of bombing civilian targets to defend their religion, overwhelmingly, respondents did not -- again, a sizable shift. And overall support of Osama bin Laden appears to be on the wane, at least in Pakistan. There are many factors to remember when digesting these numbers.

Here to help us, Kenneth Ballen. He heads the nonprofit Terror Free Tomorrow, which took the survey. Kenneth, good afternoon to you.

KENNETH BALLEN, PRESIDENT, TERROR FREE TOMORROW: Great to see you, Carol. Thanks for ask having me on.

LIN: Interesting, interesting survey. What do you make of it? Why the improving opinion of the America, the United States?

BALLEN: Well, Carol, it's been a dramatic shift in public opinion, just as you pointed out, from last May. And the reason is American humanitarian assistance to Pakistani earthquake victims. Those victims -- that assistance has -- 79 percent of the Pakistani people now say they think favorably of the United States because of that aid.

LIN: But, there was something bigger at play in Pakistan before that earthquake hit that was shaping public opinion there. U.S. policies, for example, in the Middle East and the sense of occupation in neighboring Afghanistan. So how did their feelings shift so easily when it just comes to money given to earthquake victims?

BALLEN: Well, that's a very good point you're making. It shifted because of the earthquake assistance and only because of the earthquake assistance. Pakistanis still oppose U.S. policies in the war on terror, so why they think better of us and in tandem, think worse of bin Laden, they now shifted their view of the United States.

LIN: Now, why the changing opinion of bin Laden?

BALLEN: That is also very interesting. Opinion on terrorism and bin Laden went done, went against bin Laden at the exact same percentages that it went up towards the United States. So the two move in tandem. And that's a very interesting phenomenon, very unexpected. And it just shows how important opinion of the United States to this war on terrorism. People don't support the radicals, don't support bin Laden if they support the United States. The two numbers move in tandem.

LIN: Now, how do you conduct a poll in a country where the government only controls 5 percent of the territory? I mean, more than 90 percent are these lawless, tribal territories.

BALLEN: Well we were able to get into every province of Pakistan and able to ask the people what they thought. And it's a very important phenomenon to get in and really test Muslim opinion, to know.

It's also important to realize that the opinion of the people really makes a difference in the war on terror because if they're not -- Secretary Rumsfeld say we don't know whether bin Laden is alive or not. But unless we have the support of the people, there is no way the government or us will be able to capture him.

LIN: So were you in the northwest province, frontier province, as well, where Bin Laden is suspected to be hiding?

BALLEN: Yes. And the results there, interestingly enough, mirrored the rest of the country. We didn't see big shifts between the different provinces. They're pretty much the same across Pakistan and this shifted opinion away from Mr. Bin Laden. So let's hope this is a good sign.

LIN: You bet. How do you know they're telling the truth?

BALLEN: You know, you never know that in a poll whether they're telling the truth. But we believe -- the important thing is, it's compared against data in the last poll, which was six months ago. So, we can track it and see that the data has shifted from the same kind of sample sizes we had before.

LIN: So, in conclusion, what does this add up to? Because public opinion can change.

BALLEN: Absolutely. Carol, we saw in Indonesia, public opinion shift dramatically away from radicals, away from the terrorists and towards the United States after America gave tsunami aid. We've seen the same phenomenon in Pakistan. The opinion has shifted, it has moved towards the United States when we were able to get in directly on the ground and help people. This tells us something in terms of winning the war on terror. It tells us something beyond just our military or law enforcement actions.

LIN: Ken Ballen, thank you very much. Really interesting poll.

BALLEN: Thank you, Carol. I appreciate being here.

LIN: Well, there was a shake-up in the U.S. Senate race in New York. Jeannine Pirro, the Westchester County prosecutor who wanted to take on Democratic incumbent Hillary Clinton next year, dropped out of the race today. Pirro's campaign got off to a shaky start and several polls showed her trailing Clinton badly. Pirro announced the decision in a statement according to the Associated Press, and said she will run for state attorney general instead.

The news keeps coming. We're going to bring it to you. More LIVE FROM next.

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LIN: Elton John bids farewell to the single life. The pop superstar and his younger partner tied the knot today in one of the first-ever civil partnership ceremonies in Great Britain. Hundreds of people turned out for the nuptials, including CNN's Paula Newton.

(BEGIN VIDEOTAPE)

PAULA NEWTON, CNN CORRESPONDENT (voice-over): By his own admission, Sir Elton John set out to prove a point, that this is a relationship of substance. And as if to underline that point, he and David Furnish dressed the part in sober suits, but still delighted die-hard fans.

UNIDENTIFIED FEMALE: We've come to support Elton John. I feel that he has as much right to marry a partner as anybody that's normal.

UNIDENTIFIED FEMALE: I love his passion. I love his music. I think he's got a very sensitive side as well.

NEWTON: And that's what was on display as the couple walked into what was reportedly a touching service sealed with a kiss. The paparazzi had been expecting more flash, more celebrities. No luck.

UNIDENTIFIED FEMALE: Elton wants the world to know he takes this so seriously. Just days ago, he was, you know, stepping forward and saying that he wants other countries to follow suit with Britain and allow gay marriages, allow civil ceremonies between same-sex couples because he believes very strongly in it.

NEWTON: But so do some fans.

JO PARKERSON, ENTERTAINMENT REPORTER: I'm afraid I'm a bit old fashioned. I still find it difficult to get my head around it.

NEWTON: Even so, the atmosphere was one of acceptance. Protesters stayed home and left the stage to hose who support Elton John's union, even if some of them had a little fun at his expense. After all, one of the queen's main residences is in Windsor. Now the town is also host to Britain's most famous same-sex couple.

UNIDENTIFIED MALE: People accept it and people don't get offended with a bit of humor, either.

NEWTON (on camera): Elton John is an unlikely gay role model, but it's exactly what he's become in committing to his long-time partner. And the day seems to have lived up to his expectations of being the happiest o his life.

(voice-over): Clearly pleased with the ceremony, they emerged man and man. Sir Elton couldn't resist a little levity though, he hammed it up for the fans and accepted an ice cream wedding cake. Some trademark showmanship from the veteran of British pop.

UNIDENTIFIED FEMALE: Elton just kind of beckoned us over and he just put his hand on his heart and said, "I'm really touched" and then gave me a kiss on the lips. And David gave us both a kiss on the lips, so it was just so exciting.

NEWTON: This is a ceremony Britain will not soon forget. Elton John, rocket man, got his man. And in so doing, feels he is paving the way for the country's unconditional approval of same-sex relationships like his. Paula Newton, CNN, Windsor, England.

(END VIDEOTAPE)

LIN: Well no word on whether the couple plans on having children. But today our best birthday wishes go out to the Ross family of Pocola, Oklahoma. Yep, there they are. Mom, dad, and little Lillian Elizabeth Ross. Not so little though, she tipped the scales and nearly tipped them over.

Fourteen pounds, three ounces. Officials at the hospitals say Lillian is easily the largest baby ever born there. She's healthy and well, although sporting diapers made for six-to-nine-month-olds. Mom's resting. And she sure deserves it.

LIVE FROM continues straight ahead.

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LIN: All right, this just in. You're looking at the flight recorder from that seaplane that crashed the other day, killing 20 people including some children under the age of two. So far, safety investigators have found a stress fracture inside the right wing. But the NTSB is still looking for other parts and this, a critical piece of their investigation to find out what happened.

All right, let's check in with CNN's Wolf Blitzer, he's standing by in Washington to tell us what's coming up at the top of the hour in "THE SITUATION ROOM". Hi, Wolf.

WOLF BLITZER, CNN ANCHOR: Hi, Carol. We're going to speak to Mark Rosenker, the acting chairman of the NTSB, the National Transportation Safety Board. Maybe we'll get some more information on that recorder that was just brought here to Washington.

Also, we're following other stories including the battle and the compromise on Capitol Hill. Congress trying to hammer out a deal on the USA Patriot Act and the White House bringing out the big guns to defend it. We're covering all sides of the story.

Plus, Hillary Clinton knocks off her competition. Find out why her Senate challenger from the Republican side has now dropped out of the race. Also, Saddam Hussein, another belligerent day in court. This time he claims he has been beaten. We'll take you inside the courtroom.

And an oil-for-food outburst. The head of the United Nations, the secretary general, snapping back when pressed about corruption. We have the video tape. All that, much more, carol, right here in "THE SITUATION ROOM."

LIN: A lot happening today. We'll be tuning in. Thanks, Wolf.

Much more ahead right here on LIVE FROM. So stay right there.

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LIN: We've all heard about the red Prada shoes and the flap over the cassock that was too short. Now the always stylish Pope Benedict XVI goes vintage, with his holiday attire. As he offered his weekly blessing in St. Peter's Square today, the pope sported a red velvet cap, trimmed with white fur.

It's called a camauro, not to be confused with camauro. The last time the camauro was seen, it was on Pope John XXIII in the 1960s. Unless you complain that the pope shouldn't be running around looking like Santa Claus, remember Santa's true name is St. Nicholas.

All right, that ends this edition of LIVE FROM. The closing bell is about to ring on Wall Street.

(STOCK REPORT)

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