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Compromise Reached on Judicial Nominees; Bush Stumps for Social Security Reform

Aired May 24, 2005 - 10:00   ET

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

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


DARYN KAGAN, CNN ANCHOR: We'll get started. Start by taking a look at what's happening now in the news.
Now in the news, a bi-partisan block of senators save the Senate from going nuclear. A group of moderates announced agreements that allow compromise over the battle to end Senate filibusters. Among other things, Democrats agree to allow up-or-down votes on three Bush judicial nominees and agree to keep the filibuster. We'll have live coverage in just a few minutes.

In Iraq, insurgent activities over the past 24 hours leaves eight American troops dead. The violence came in Baghdad in a town just south of there. Today in two separate incidents, four U.S. soldiers died in a bombing in a drive-by shooting. The four other troops were killed Monday in a roadside bombing in Haswa.

First Lady Laura Bush is now heading home after wrapping up her Middle East tour. The first lady visited a girl's school in Alexandria, Egypt. During that stop Mrs. Bush spoke on two of the main themes issues of her trip, education and gender equality.

And moments ago on Capitol Hill, a Senate appropriations committee, a hearing began there. The heads of the Justice Department and the FBI will be testifying, that including Attorney General Alberto Gonzalez and FBI director Robert Mueller. They will be answering questions on budget matters. But they could face questions on other matters as well. We'll bring you live coverage as things develop.

Good morning! I'm Daryn Kagan. Let's get started on this Tuesday morning.

Within hours, the U.S. Senate could finally break a four-year stalemate on an embattled judicial nominee. Priscilla Owen could get the up-or-down vote that has kept her nomination in limbo for years. Senator Democrats have pledged to vote on at least three nominees. And Republicans, for their part, have holstered their nuclear option.

Our congressional correspondent Joe Johns has more on the bipartisan compromise hammered out by moderates.

Joe, good morning.

JOE JOHNS, CNN CONGRESSIONAL CORRESPONDENT: Good morning, Daryn. We've been watching the Senate floor as business got started today. I wanted to note that we saw the majority leader Bill Frist, out on the floor. Also, Harry Reid, the Democratic leader. They were talking through this agreement that was taken up last night by seven Republicans and seven Democrats. Frist essentially reasserting some of the things he said last night. Talking about the fact that he will not hesitate to move forward to try to block the power of Democrats to use the filibuster, if he thinks it's being abused. Asking what "extraordinary circumstances" means? That of course is one of the terms inside that agreement that would allow Democrats to go forward with filibusters.

This was somewhat sort of a surprise agreement, coming at the very last minute, just about, in Senate terms. There were many on Capitol Hill who were beginning to believe that there was no way an agreement could be reached.

(BEGIN VIDEOTAPE)

JOHNS (voice over): After days of intense negotiation and soul- searching, a bipartisan group of senators emerged from a final meeting Monday night with a solution to the impasse over judicial nominations.

SEN. JOHN MCCAIN (R), ARIZONA: The first question that most of the media are going to ask is who won and who lost. The Senate won and the country won.

SEN. JOE LIEBERMAN (D), CONNECTICUT: In a Senate that has become increasingly partisan and polarized, the bipartisan center held.

JOHNS: The deal was reached less than a day before a showdown vote to keep Democrats from blocking judicial nominations. It allows votes on all but two of the president's judicial nominees, including three of the most controversial: Janice Rogers Brown, William Pryor and Priscilla Owen. No vote is promised for nominees William Meyers and Henry Sodd.

Under the agreement signed by 14 Senators, Democrats could block future nominees only under extraordinary circumstances. In exchange Republicans would not change Senate rules barring filibusters. Some senior senators had expressed concern that changing the rules would forever damage the Senate's tradition of unlimited debate.

SEN. JOHN WARNER (R), VIRGINIA: And the one unanswered question that guided me all the day through is, it was unanswered, what would happen to the Senate if the nuclear option were done? And no one was able to answer that to my satisfaction.

JOHNS: One Republican who came under extreme pressure from conservatives not to go for any deals said he expects to take some seat.

SEN. LINDSEY GRAHAM (R), SOUTH CAROLINA: People at home are going to be very upset at me for a while.

JOHNS: Some of the greatest pressure was on Senate majority leader Bill Frist, who may run for president. He had been warned by conservative groups that nothing less than up-or-down votes for all judges would be acceptable. Frist asserted he can still force a showdown.

SEN. BILL FRIST (R-TN), MAJORITY LEADER: But with this agreement, all options remain on the table, including the constitutional option. If it had been necessary to deploy the constitutional option it would have been successful.

John Frist counterpart, Democratic leader Harry Reid, seemed delighted with the deal.

SEN. HARRY REID (D-NV), MINORITY LEADER: It's over with. And I feel so good. This will be the first night in at least six weeks that I will sleep peacefully.

(END VIDEOTAPE)

JOHNS: And the haggling continues on the Senate floor right now, as the leaders try to figure out how to go forward from here. A lot of observers are saying, of course, that somebody won something; somebody lost something in this deal. But the bottom line is, going forward for the next Supreme Court justice nominee, which could happen this year. They have not thrown away the notion of the filibuster.

Daryn, back to you.

All right. Joe Johns on Capitol Hill, thank you.

Earlier on "AMERICAN MORNING," we heard from two senators who helped hammer out the 11-hour compromise. They said the need to avert a showdown extended beyond partisan politics.

(BEGIN VIDEO CLIP)

SEN. BEN NELSON (D), NEBRASKA: Well, this is a victory for bipartisanship. And so those people who were challenging this on some partisan basis are missing the point in many respects. And that is that a bipartisan centrist group with some folks who are not ordinarily centrist came together to preserve the right of the filibuster. But also, and this is an important point, to effect up- or-down votes on almost all judges. Only those that would be subject to extraordinary circumstances are unlikely to get a vote.

MCCAIN: We're talking about 14 people now, not 100. It's up to us and the 14 to decide what is "extraordinary circumstances." We trust one another. We'll know it. It's like child pornography. You'll know it when you see it. And I hope that the president will send over more nominees who are acceptable; and at the same time, in keeping with his philosophy. And I'm confident that at least the seven Democrats we were dealing with would not use the judicial filibuster, except in most extreme circumstances. I'm confident that this agreement will hold.

(END VIDEO CLIP)

KAGAN: Well, under terms of the deal, three nominees will go forward. Two others could still face filibusters. Let's take a closer look at this weapon of delay and division, and what happens next.

For that, let's bring in our senior political analyst Bill Schneider.

Bill, good morning.

BILL SCHNEIDER, CNN SENIOR POLITICAL ANALYST: Good morning, Daryn. KAGAN: Let's pick up from where John McCain was just talking there. He is convinced that this agreement will hold. You're not so sure as this goes forward to a potential Supreme Court nomination.

SCHNEIDER: It all depends on to what you define as "extraordinary circumstances." And I was interested to hear Senator McCain say just now we'll define what the extraordinary circumstances are, the 14 senators who made this deal. Well, I think if there are 14 Senates making the deal, there are going to be 14 opinions about what an extraordinary circumstance is. Will it take place when the president makes his Supreme Court nominee first a member of the court retires as is expected to happen?

You've got organizations already sending out pre-emptive press releases saying this is our definition of an extraordinary circumstance. For instance, a pro-abortion rights group said if the president nominates someone who don't state his or her position on Roe v. Wade that's an extraordinary circumstance. For instance, a pro- abortion rights group has said if president nominates someone who won't state his or her position on Roe v. Wade, that's an extraordinary circumstance. So this definition game is going to go on.

KAGAN: The senator from Arizona also encouraging us not to do the winner or loser thing. So what? Let's do it anyway.

(LAUGHTER)

KAGAN: Do you see Senator McCain as a winner in this?

Does stand for the institution of the Senate. He rescued a compromise but made a lot of SCHNEIDER: Well, he does stand for the institution of the Senate. He rescued a compromise, but he made a lot of enemies on the right. If he decides to run once again for president in 2008, he's going to have a lot of enemies in the Republican Party. The question is did he win so many friends by brokering this compromise? As being one of the key senators of the 14, he will be able to compensate for it by bringing people into the Republican primaries and caucuses, who otherwise wouldn't bother to vote. So they can counteract the animosity towards him from the right.

KAGAN: Bill Frist, he was trying to make a big power play here as Senate majority leader. Was he hurt?

SCHNEIDER: Yes, I think he was. He was expected to exercise what he calls the "constitutional option." Democrats call it the "nuclear option". The right was counting on him to deliver. Now he says well, that possibility is still out there. But look, conservatives are saying they've been waiting decade after decade after decade for Republicans to take over everything. And then they can begin to reshape the judiciary. This was their moment and it didn't happen. And a lot of them are going to be blaming Bill Frist.

KAGAN: And finally President Bush, because he's the one that's been asking for the up-or-down vote.

SCHNEIDER: Well, he has to buy a compromise. I don't think he looks too bad in this because he made sure he wasn't an essential player. He's going to get some up-or-down votes. He's going to get on Priscilla Owen, Janice Rodgers Brown, William Myers. And the issue is open when it comes to the Supreme Court. Look, all of this will really come down to what it's been all about from the beginning, the Supreme Court. Whether Bush will be able to get a Supreme Court nominee that he really wants, that's going to be the real test.

KAGAN: We will be watching. Bill Schneider from Washington thank you.

SCHNEIDER: Sure.

KAGAN: Another issue that is sure to carve deep political and ideological rifts on Capitol Hill is the debate over stem cells. Today, the House opens talks on two bills that would loosen restrictions on stem cell research. President Bush is vowing to veto at least one of the bills because he says the destruction of an embryo would allow science to destroy life.

Let's take a look at a CNN "USA Today"/Gallup poll that shows the public at odds with President Bush's stance. Fifty-three percent support fewer restrictions on government funding of stem cell research.

Medical patients and their families, some say the stem cell research can lead to advances against diseases and spinal cord injuries. One well know advocate Dana Reeve, the widow of actor Christopher Reeve. She's on Capitol Hill at this hour. She is lobbying lawmaker for their support. She's also joined by patients groups, medical experts and scholars who will advocate stem cell research.

In the next hour, President Bush takes up big controversial issues, Social Security. He'll be visiting a suburban Rochester, New York school. It's another highly charged issue in which President Bush is taking a strong president.

Our national correspondent Bob Franken is in Rochester with a closer look.

Bob, good morning.

BOB FRANKEN, CNN NATIONAL CORRESPONDENT: In suburban Rochester, Daryn, this is the president's first visit to New York -- to the state of New York, to the Social Security issue, but it's certainly not his first appearance. As a matter of fact, the White House count is now 33 appearances in 27 states, if you include the District of Columbia. Now, this particular area is one that is considered middle of the political spectrum, as far as Democrat and Republican are concerned. A hard sell for the president. But to paraphrase one of the administration's constant sayings, no possible converts are going to be left behind.

This is part of a busy day for President Bush. When he finishes here he goes back to Washington. He's going to be making a speech on bioethics. That is to say on the stem cell debate that is beginning in Congress. And he's going to say that consistent with his 2001 position, they should not destroy life, this from an administration source. They should not destroy life that has been created just for research. Therefore, he would probably oppose the bill that would expand stem cell research.

He'd be more favorably inclined to another piece of legislation that would use umbilical cords that have been discarded. That is one that is controversial within the medical community. We are told that we should not expect the V-word, as we're told. It's entirely possible the president will not repeat his pledge to veto any legislation.

One last item, Daryn. Regarding the Senate filibuster decision that was made, the president is expected at the top of this speech, within the hour, to make some comments about that. We're told by administration officials that there will be something along the lines of, that this is progress in that some of these judge nominations are going to get an up-or-down vote. But there has to be more, there has to be an up-or-down vote on each nominee. So the president is involved in a potpourri of activities today, Daryn.

KAGAN: And in fact, one those of activities is landing now. Bob, we can put up the live picture right now. He's landing not too far away from where you are. There is Air Force 1. And he'll be making his way to the school where Bob Franken is, in just a bit.

Thank you, Bob.

In just about four hours President Bush will deliver those remarks on stem cells and bioethics. He'll be joined by opponents of embryonic stem cell research and family who have adopted embryos. CNN will carry the event live from the Rose Garden, beginning at 2:10 Eastern, 11:10 Pacific.

A lot of heated debate. And after all that Medicaid is putting the lid on Viagra for sex offenders.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Those particular people are getting Viagra? May I ask why?

(END VIDEO CLIP)

KAGAN: Good question. Still to come, there are new rules that if convicted rapists want that little blue pill, well they probably can't get it. Details straight ahead.

Plus, bore car bombings in Iraq. We'll take you live to the Baghdad for the latest.

And later, he avoided life in prison at age 12. Now Lionel Tate is back in trouble with the law. That story is still ahead.

(COMMERCIAL BREAK)

KAGAN: American troops under fire in Iraq. Insurgents unleash a series of deadly attacks against U.S. forces and civilians.

For the latest, let's go live to the Iraqi capital and CNN's Ryan Chilcote.

Ryan, hello.

RYAN CHILCOTE, CNN CORRESPONDENT: Hello, Daryn. Well, that wave of insurgent attacks that began yesterday, the most recent wave, continues today. Most of these attacks taking place with the help of car bombs. We start just about five hours ago, in the Iraqi capital, when the U.S. military convoy was targeted by a car bomb. The U.S. military telling us that three soldiers were killed in that attack. That, in addition to a new report from the U.S. military saying that four U.S. soldiers were killed just yesterday, south of Baghdad, by a roadside bomb.

Now, just a few hours before this attack on U.S. troops today in the Iraqi capital, another car bomb went off. This time apparently, according to the Iraqi police, targeting Iraqi security forces. It went off in a Christian neighborhood very close to a girl's junior high school. Although the target, according to the Iraqi police was Iraqi security forces as is often the case, Iraqi bystanders appeared to be the main victims. At least two Iraqis killed there, another eight wounded.

And finally, a devastating attack again using a car bomb. Late last night, just south of Baghdad in a town called Mahmoudia. There, according to the Iraqi Defense Ministry, a car bomb was detonated by a Sudanese suicide bomber. He was targeting a Shiite mosque. The devastation of the blast absolutely ripped apart the mosque and several houses near it. All in all, the Iraqi police tell us that at least 21 Iraqis were killed in that attack, another 60 wounded. And quite sadly, many of the wounded and killed were children.

Just in yesterday's attacks alone, at least at least 45 Iraqis were killed --Daryn.

KAGAN: Yes. All right, Ryan Chilcote live from Baghdad, thank you.

Also want to let you know this news that just came in from Fort Hood, Texas. It is about Private Lynndie England. She is associated with the Abu Ghraib prison scandal. Just about a little bit ago, her attorneys waived her right to a preliminary hearing. If you've been following Lynndie England's story, she tried to get a plea deal with prosecutors that looked like it was about to go through. And then during the sentencing phase, the judge in the case threw out that earlier plea deal. So by waiving the right to the preliminary hearing now, attorneys are able to -- actually it allows prosecutors to -- it allows the Army to proceed with the whole court- martial unless her attorneys are able to come one a new plea deal. So the latest on that, the lawyers for Lynndie England waiving the right to a preliminary hearing.

He made national news years ago for killing a little girl with his wrestling moves. Now, Lionel Tate is grabbing headlines again. We'll tell but his latest run-in with authorities.

And was he striking deals with terrorists? How this Texas man got caught, accused of cooking up a terror plot.

(COMMERCIAL BREAK)

KAGAN: Another security breach to tell you about over the skis of the nation's capitol. Still to come, what caused a small plane to end up in the violated air space?

Plus, to shoot or not to shoot airplanes in restricted air space. That's the question, a look at who is debating that issue.

(COMMERCIAL BREAK)

KAGAN: We are coming up on the half hour right now. I'm Daryn Kagan. Let's take a look at what's happening now in the news.

After about four years of legislative limbo, judicial nominee Priscilla Owen could be within hours of getting an up-or-down vote. Moderate senators hammered out a compromise that allows Democrats to shelve their filibuster and vote on Owen and two other embattled nominees. Republicans in return will drop their threat to ban the delay tactic.

An update for you now on the search for two Idaho children who vanished from their home, the site of a triple murder. Authorities are now offering a $100,000 reward for the safe return of 9-year-old Dylan Groene and his 8-year-old sister Shasta. They were discovered missing about eight days ago when police found the body of their brother, mother and her boyfriend in the family home.

Live pictures here for you. At this hour, Senator Hillary Clinton is speaking before a powerful, pro-Israel lobbying group in Washington. Israeli Prime Minister Ariel Sharon is also speaking to the group this morning. Mr. Sharon has been criticized by some American Jews over Israel's planned withdrawal from the Gaza Strip this summer.

The Senate Intelligence Committee is meeting this hour to debate the federal Patriot Act, which is scheduled to expire later this year. Lawmakers are considering new provisions that would broaden the government's law enforcement powers. Critics say the measure, which was born in the aftermath of the 9/11 attacks, already threaten civil liberties.

We have some encouraging economic news to pass along. Earlier this hour, a national trade group announced new figures on existing home sales. They set a record last month, 4.5 percent increase; it's the fastest pace on record.

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Aired May 24, 2005 - 10:00   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
DARYN KAGAN, CNN ANCHOR: We'll get started. Start by taking a look at what's happening now in the news.
Now in the news, a bi-partisan block of senators save the Senate from going nuclear. A group of moderates announced agreements that allow compromise over the battle to end Senate filibusters. Among other things, Democrats agree to allow up-or-down votes on three Bush judicial nominees and agree to keep the filibuster. We'll have live coverage in just a few minutes.

In Iraq, insurgent activities over the past 24 hours leaves eight American troops dead. The violence came in Baghdad in a town just south of there. Today in two separate incidents, four U.S. soldiers died in a bombing in a drive-by shooting. The four other troops were killed Monday in a roadside bombing in Haswa.

First Lady Laura Bush is now heading home after wrapping up her Middle East tour. The first lady visited a girl's school in Alexandria, Egypt. During that stop Mrs. Bush spoke on two of the main themes issues of her trip, education and gender equality.

And moments ago on Capitol Hill, a Senate appropriations committee, a hearing began there. The heads of the Justice Department and the FBI will be testifying, that including Attorney General Alberto Gonzalez and FBI director Robert Mueller. They will be answering questions on budget matters. But they could face questions on other matters as well. We'll bring you live coverage as things develop.

Good morning! I'm Daryn Kagan. Let's get started on this Tuesday morning.

Within hours, the U.S. Senate could finally break a four-year stalemate on an embattled judicial nominee. Priscilla Owen could get the up-or-down vote that has kept her nomination in limbo for years. Senator Democrats have pledged to vote on at least three nominees. And Republicans, for their part, have holstered their nuclear option.

Our congressional correspondent Joe Johns has more on the bipartisan compromise hammered out by moderates.

Joe, good morning.

JOE JOHNS, CNN CONGRESSIONAL CORRESPONDENT: Good morning, Daryn. We've been watching the Senate floor as business got started today. I wanted to note that we saw the majority leader Bill Frist, out on the floor. Also, Harry Reid, the Democratic leader. They were talking through this agreement that was taken up last night by seven Republicans and seven Democrats. Frist essentially reasserting some of the things he said last night. Talking about the fact that he will not hesitate to move forward to try to block the power of Democrats to use the filibuster, if he thinks it's being abused. Asking what "extraordinary circumstances" means? That of course is one of the terms inside that agreement that would allow Democrats to go forward with filibusters.

This was somewhat sort of a surprise agreement, coming at the very last minute, just about, in Senate terms. There were many on Capitol Hill who were beginning to believe that there was no way an agreement could be reached.

(BEGIN VIDEOTAPE)

JOHNS (voice over): After days of intense negotiation and soul- searching, a bipartisan group of senators emerged from a final meeting Monday night with a solution to the impasse over judicial nominations.

SEN. JOHN MCCAIN (R), ARIZONA: The first question that most of the media are going to ask is who won and who lost. The Senate won and the country won.

SEN. JOE LIEBERMAN (D), CONNECTICUT: In a Senate that has become increasingly partisan and polarized, the bipartisan center held.

JOHNS: The deal was reached less than a day before a showdown vote to keep Democrats from blocking judicial nominations. It allows votes on all but two of the president's judicial nominees, including three of the most controversial: Janice Rogers Brown, William Pryor and Priscilla Owen. No vote is promised for nominees William Meyers and Henry Sodd.

Under the agreement signed by 14 Senators, Democrats could block future nominees only under extraordinary circumstances. In exchange Republicans would not change Senate rules barring filibusters. Some senior senators had expressed concern that changing the rules would forever damage the Senate's tradition of unlimited debate.

SEN. JOHN WARNER (R), VIRGINIA: And the one unanswered question that guided me all the day through is, it was unanswered, what would happen to the Senate if the nuclear option were done? And no one was able to answer that to my satisfaction.

JOHNS: One Republican who came under extreme pressure from conservatives not to go for any deals said he expects to take some seat.

SEN. LINDSEY GRAHAM (R), SOUTH CAROLINA: People at home are going to be very upset at me for a while.

JOHNS: Some of the greatest pressure was on Senate majority leader Bill Frist, who may run for president. He had been warned by conservative groups that nothing less than up-or-down votes for all judges would be acceptable. Frist asserted he can still force a showdown.

SEN. BILL FRIST (R-TN), MAJORITY LEADER: But with this agreement, all options remain on the table, including the constitutional option. If it had been necessary to deploy the constitutional option it would have been successful.

John Frist counterpart, Democratic leader Harry Reid, seemed delighted with the deal.

SEN. HARRY REID (D-NV), MINORITY LEADER: It's over with. And I feel so good. This will be the first night in at least six weeks that I will sleep peacefully.

(END VIDEOTAPE)

JOHNS: And the haggling continues on the Senate floor right now, as the leaders try to figure out how to go forward from here. A lot of observers are saying, of course, that somebody won something; somebody lost something in this deal. But the bottom line is, going forward for the next Supreme Court justice nominee, which could happen this year. They have not thrown away the notion of the filibuster.

Daryn, back to you.

All right. Joe Johns on Capitol Hill, thank you.

Earlier on "AMERICAN MORNING," we heard from two senators who helped hammer out the 11-hour compromise. They said the need to avert a showdown extended beyond partisan politics.

(BEGIN VIDEO CLIP)

SEN. BEN NELSON (D), NEBRASKA: Well, this is a victory for bipartisanship. And so those people who were challenging this on some partisan basis are missing the point in many respects. And that is that a bipartisan centrist group with some folks who are not ordinarily centrist came together to preserve the right of the filibuster. But also, and this is an important point, to effect up- or-down votes on almost all judges. Only those that would be subject to extraordinary circumstances are unlikely to get a vote.

MCCAIN: We're talking about 14 people now, not 100. It's up to us and the 14 to decide what is "extraordinary circumstances." We trust one another. We'll know it. It's like child pornography. You'll know it when you see it. And I hope that the president will send over more nominees who are acceptable; and at the same time, in keeping with his philosophy. And I'm confident that at least the seven Democrats we were dealing with would not use the judicial filibuster, except in most extreme circumstances. I'm confident that this agreement will hold.

(END VIDEO CLIP)

KAGAN: Well, under terms of the deal, three nominees will go forward. Two others could still face filibusters. Let's take a closer look at this weapon of delay and division, and what happens next.

For that, let's bring in our senior political analyst Bill Schneider.

Bill, good morning.

BILL SCHNEIDER, CNN SENIOR POLITICAL ANALYST: Good morning, Daryn. KAGAN: Let's pick up from where John McCain was just talking there. He is convinced that this agreement will hold. You're not so sure as this goes forward to a potential Supreme Court nomination.

SCHNEIDER: It all depends on to what you define as "extraordinary circumstances." And I was interested to hear Senator McCain say just now we'll define what the extraordinary circumstances are, the 14 senators who made this deal. Well, I think if there are 14 Senates making the deal, there are going to be 14 opinions about what an extraordinary circumstance is. Will it take place when the president makes his Supreme Court nominee first a member of the court retires as is expected to happen?

You've got organizations already sending out pre-emptive press releases saying this is our definition of an extraordinary circumstance. For instance, a pro-abortion rights group said if the president nominates someone who don't state his or her position on Roe v. Wade that's an extraordinary circumstance. For instance, a pro- abortion rights group has said if president nominates someone who won't state his or her position on Roe v. Wade, that's an extraordinary circumstance. So this definition game is going to go on.

KAGAN: The senator from Arizona also encouraging us not to do the winner or loser thing. So what? Let's do it anyway.

(LAUGHTER)

KAGAN: Do you see Senator McCain as a winner in this?

Does stand for the institution of the Senate. He rescued a compromise but made a lot of SCHNEIDER: Well, he does stand for the institution of the Senate. He rescued a compromise, but he made a lot of enemies on the right. If he decides to run once again for president in 2008, he's going to have a lot of enemies in the Republican Party. The question is did he win so many friends by brokering this compromise? As being one of the key senators of the 14, he will be able to compensate for it by bringing people into the Republican primaries and caucuses, who otherwise wouldn't bother to vote. So they can counteract the animosity towards him from the right.

KAGAN: Bill Frist, he was trying to make a big power play here as Senate majority leader. Was he hurt?

SCHNEIDER: Yes, I think he was. He was expected to exercise what he calls the "constitutional option." Democrats call it the "nuclear option". The right was counting on him to deliver. Now he says well, that possibility is still out there. But look, conservatives are saying they've been waiting decade after decade after decade for Republicans to take over everything. And then they can begin to reshape the judiciary. This was their moment and it didn't happen. And a lot of them are going to be blaming Bill Frist.

KAGAN: And finally President Bush, because he's the one that's been asking for the up-or-down vote.

SCHNEIDER: Well, he has to buy a compromise. I don't think he looks too bad in this because he made sure he wasn't an essential player. He's going to get some up-or-down votes. He's going to get on Priscilla Owen, Janice Rodgers Brown, William Myers. And the issue is open when it comes to the Supreme Court. Look, all of this will really come down to what it's been all about from the beginning, the Supreme Court. Whether Bush will be able to get a Supreme Court nominee that he really wants, that's going to be the real test.

KAGAN: We will be watching. Bill Schneider from Washington thank you.

SCHNEIDER: Sure.

KAGAN: Another issue that is sure to carve deep political and ideological rifts on Capitol Hill is the debate over stem cells. Today, the House opens talks on two bills that would loosen restrictions on stem cell research. President Bush is vowing to veto at least one of the bills because he says the destruction of an embryo would allow science to destroy life.

Let's take a look at a CNN "USA Today"/Gallup poll that shows the public at odds with President Bush's stance. Fifty-three percent support fewer restrictions on government funding of stem cell research.

Medical patients and their families, some say the stem cell research can lead to advances against diseases and spinal cord injuries. One well know advocate Dana Reeve, the widow of actor Christopher Reeve. She's on Capitol Hill at this hour. She is lobbying lawmaker for their support. She's also joined by patients groups, medical experts and scholars who will advocate stem cell research.

In the next hour, President Bush takes up big controversial issues, Social Security. He'll be visiting a suburban Rochester, New York school. It's another highly charged issue in which President Bush is taking a strong president.

Our national correspondent Bob Franken is in Rochester with a closer look.

Bob, good morning.

BOB FRANKEN, CNN NATIONAL CORRESPONDENT: In suburban Rochester, Daryn, this is the president's first visit to New York -- to the state of New York, to the Social Security issue, but it's certainly not his first appearance. As a matter of fact, the White House count is now 33 appearances in 27 states, if you include the District of Columbia. Now, this particular area is one that is considered middle of the political spectrum, as far as Democrat and Republican are concerned. A hard sell for the president. But to paraphrase one of the administration's constant sayings, no possible converts are going to be left behind.

This is part of a busy day for President Bush. When he finishes here he goes back to Washington. He's going to be making a speech on bioethics. That is to say on the stem cell debate that is beginning in Congress. And he's going to say that consistent with his 2001 position, they should not destroy life, this from an administration source. They should not destroy life that has been created just for research. Therefore, he would probably oppose the bill that would expand stem cell research.

He'd be more favorably inclined to another piece of legislation that would use umbilical cords that have been discarded. That is one that is controversial within the medical community. We are told that we should not expect the V-word, as we're told. It's entirely possible the president will not repeat his pledge to veto any legislation.

One last item, Daryn. Regarding the Senate filibuster decision that was made, the president is expected at the top of this speech, within the hour, to make some comments about that. We're told by administration officials that there will be something along the lines of, that this is progress in that some of these judge nominations are going to get an up-or-down vote. But there has to be more, there has to be an up-or-down vote on each nominee. So the president is involved in a potpourri of activities today, Daryn.

KAGAN: And in fact, one those of activities is landing now. Bob, we can put up the live picture right now. He's landing not too far away from where you are. There is Air Force 1. And he'll be making his way to the school where Bob Franken is, in just a bit.

Thank you, Bob.

In just about four hours President Bush will deliver those remarks on stem cells and bioethics. He'll be joined by opponents of embryonic stem cell research and family who have adopted embryos. CNN will carry the event live from the Rose Garden, beginning at 2:10 Eastern, 11:10 Pacific.

A lot of heated debate. And after all that Medicaid is putting the lid on Viagra for sex offenders.

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UNIDENTIFIED FEMALE: Those particular people are getting Viagra? May I ask why?

(END VIDEO CLIP)

KAGAN: Good question. Still to come, there are new rules that if convicted rapists want that little blue pill, well they probably can't get it. Details straight ahead.

Plus, bore car bombings in Iraq. We'll take you live to the Baghdad for the latest.

And later, he avoided life in prison at age 12. Now Lionel Tate is back in trouble with the law. That story is still ahead.

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KAGAN: American troops under fire in Iraq. Insurgents unleash a series of deadly attacks against U.S. forces and civilians.

For the latest, let's go live to the Iraqi capital and CNN's Ryan Chilcote.

Ryan, hello.

RYAN CHILCOTE, CNN CORRESPONDENT: Hello, Daryn. Well, that wave of insurgent attacks that began yesterday, the most recent wave, continues today. Most of these attacks taking place with the help of car bombs. We start just about five hours ago, in the Iraqi capital, when the U.S. military convoy was targeted by a car bomb. The U.S. military telling us that three soldiers were killed in that attack. That, in addition to a new report from the U.S. military saying that four U.S. soldiers were killed just yesterday, south of Baghdad, by a roadside bomb.

Now, just a few hours before this attack on U.S. troops today in the Iraqi capital, another car bomb went off. This time apparently, according to the Iraqi police, targeting Iraqi security forces. It went off in a Christian neighborhood very close to a girl's junior high school. Although the target, according to the Iraqi police was Iraqi security forces as is often the case, Iraqi bystanders appeared to be the main victims. At least two Iraqis killed there, another eight wounded.

And finally, a devastating attack again using a car bomb. Late last night, just south of Baghdad in a town called Mahmoudia. There, according to the Iraqi Defense Ministry, a car bomb was detonated by a Sudanese suicide bomber. He was targeting a Shiite mosque. The devastation of the blast absolutely ripped apart the mosque and several houses near it. All in all, the Iraqi police tell us that at least 21 Iraqis were killed in that attack, another 60 wounded. And quite sadly, many of the wounded and killed were children.

Just in yesterday's attacks alone, at least at least 45 Iraqis were killed --Daryn.

KAGAN: Yes. All right, Ryan Chilcote live from Baghdad, thank you.

Also want to let you know this news that just came in from Fort Hood, Texas. It is about Private Lynndie England. She is associated with the Abu Ghraib prison scandal. Just about a little bit ago, her attorneys waived her right to a preliminary hearing. If you've been following Lynndie England's story, she tried to get a plea deal with prosecutors that looked like it was about to go through. And then during the sentencing phase, the judge in the case threw out that earlier plea deal. So by waiving the right to the preliminary hearing now, attorneys are able to -- actually it allows prosecutors to -- it allows the Army to proceed with the whole court- martial unless her attorneys are able to come one a new plea deal. So the latest on that, the lawyers for Lynndie England waiving the right to a preliminary hearing.

He made national news years ago for killing a little girl with his wrestling moves. Now, Lionel Tate is grabbing headlines again. We'll tell but his latest run-in with authorities.

And was he striking deals with terrorists? How this Texas man got caught, accused of cooking up a terror plot.

(COMMERCIAL BREAK)

KAGAN: Another security breach to tell you about over the skis of the nation's capitol. Still to come, what caused a small plane to end up in the violated air space?

Plus, to shoot or not to shoot airplanes in restricted air space. That's the question, a look at who is debating that issue.

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KAGAN: We are coming up on the half hour right now. I'm Daryn Kagan. Let's take a look at what's happening now in the news.

After about four years of legislative limbo, judicial nominee Priscilla Owen could be within hours of getting an up-or-down vote. Moderate senators hammered out a compromise that allows Democrats to shelve their filibuster and vote on Owen and two other embattled nominees. Republicans in return will drop their threat to ban the delay tactic.

An update for you now on the search for two Idaho children who vanished from their home, the site of a triple murder. Authorities are now offering a $100,000 reward for the safe return of 9-year-old Dylan Groene and his 8-year-old sister Shasta. They were discovered missing about eight days ago when police found the body of their brother, mother and her boyfriend in the family home.

Live pictures here for you. At this hour, Senator Hillary Clinton is speaking before a powerful, pro-Israel lobbying group in Washington. Israeli Prime Minister Ariel Sharon is also speaking to the group this morning. Mr. Sharon has been criticized by some American Jews over Israel's planned withdrawal from the Gaza Strip this summer.

The Senate Intelligence Committee is meeting this hour to debate the federal Patriot Act, which is scheduled to expire later this year. Lawmakers are considering new provisions that would broaden the government's law enforcement powers. Critics say the measure, which was born in the aftermath of the 9/11 attacks, already threaten civil liberties.

We have some encouraging economic news to pass along. Earlier this hour, a national trade group announced new figures on existing home sales. They set a record last month, 4.5 percent increase; it's the fastest pace on record.

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