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President Bush Nominates Harriet Miers to be Supreme Court Justice; Tour Boat Capsizes; Energy Alert

Aired October 03, 2005 - 11:00   ET

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

DARYN KAGAN, CNN ANCHOR: Here's a look at what's happening "Now in the News."
President Bush has nominated White House counsel Harriet Miers to succeed retiring Supreme Court Justice Sandra Day O'Connor. Republicans and Democrats will debate her qualifications without a judicial record. You see, she's never before served as a judge.

We'll have more in a live report just ahead. In fact, we're also expecting to see Ms. Miers and Senator Frist appear. And we'll see that in just a bit.

This morning at North Carolina's Camp Lejeune, Vice President Dick Cheney welcomes back Marine units returning from Iraq. Those troops include an Ohio-based unit that lost 48 members in the war.

Palestinian police officers broke into the Palestinian parliament building in Gaza this morning demanding help and cracking down on Hamas militants. The protest comes after what they say was a humiliating confrontation with Hamas over the weekend. On Sunday, a quarrel between the son of a slain Hamas leader and a Palestinian police officer sparked a gun battle that left three people dead.

In upstate New York, authorities suspect the wake from another boat may have caused a tour boat to capsize, killing 20 senior citizens on board. The incident happened yesterday afternoon on Lake George, about 50 miles north of Albany. The latest in a live update in just a few minutes.

Good morning. Let's check the time around the world here on CNN LIVE TODAY.

Just after 8:00 a.m. in Los Angeles; just after 11:00 here in Atlanta; and just after 7:00 p.m. in Baghdad.

From CNN Center in Atlanta, I'm Daryn Kagan.

Up first, the president's pick. She is Harriet Miers. And if the Senate agrees, she will become the 110th justice of the U.S. Supreme Court. Miers would bring a law degree and Texas twang to the bench, but no judicial experience.

Our coverage of the Miers' nomination begins with our White House correspondent, Dana Bash.

Dana, good morning. DANA BASH, CNN WHITE HOUSE CORRESPONDENT: Good morning, Daryn.

No judicial experience, but what they're saying here at the White House from the president on down is that she is, they think, a female trailblazer, certainly pushing the idea that they have picked a woman to replace a woman in Sandra Day O'Connor. But the idea she has no judicial record at all, never sat on any bench, only worked in private practice and, of course, here at the White House for Mr. Bush as one of his closest advisers, also was someone close to him back in Texas, that is raising concerns among Democrats and Republicans.

In nominating her, the president actually defended the lack of experience, saying William Rehnquist never served on any bench before he was on the Supreme Court, and said it's a good thing to have justices from all different walks of life.

(BEGIN VIDEO CLIP)

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: I believe senators of both parties will find that Harriet Miers' talent, experience and judicial philosophy make her a superb choice to safeguard the constitutional liberties and equality of all Americans. Harriet Miers will strictly interpret our Constitution and laws. She will not legislate from the bench.

(END VIDEO CLIP)

BASH: Now, that turn of phrase at the end there, Daryn, "She will not legislate from the bench," that is something aimed directly at conservatives, the conservative base, who, as I mentioned, they're quite concerned about the fact that she has no paper trial. She is not the tried and trued kind of conservative they very much hoped the president would nominate to replace the swing seat that Sandra Day O'Connor held.

They're sending signals, at least some of the leadership that is close at the White House, are already trying to quiet some of the concern. Some of the leadership like Leonard Leo, the head of the Federalist Society, making note at a memo to supporters that Harriet Miers led a campaign to have the ABA end its practice of supporting abortion on demand and taxpayer-funded abortions.

I talked to some Republicans on Capitol Hill. They also say she is not a slam dunk, but, Daryn, certainly conservative allies are going to be here at the White House at about noon to talk to the president, to talk to some of his advisers, I should say, to strategize on how to deal with this.

KAGAN: And so, Dana, can we read anything into the political statement Mr. Bush makes by making this pick?

BASH: You know, certainly a lot of people are. And one of the things that is quite interesting here is that, you know, you have to sort of take a step back and look at where we are right now.

The president is at a very low point, perhaps his lowest in terms of approval. And politically, you could go one of two ways.

The president could have gone for a conservative, hard core conservative to rally his base, make sure they are still behind him, or he could do what he seems to have done, gone for somebody whom the White House says Democrats on Capitol Hill said that they recommended to him. Now, there's a little bit of a question about whether Democrats recommended it or just sort of threw out her name as somebody who wouldn't be a egregious, from their point of view. But clearly, the White House hopes that in Harriet Miers they have somebody who Democrats are going to have a hard time opposing, certainly somebody who is not a hard core conservative, at least something that not -- not something that her record shows.

KAGAN: Yes. And there are those, Dana, on the right who say that he doesn't win anything by trying to appease those to the left of his political bent because they're already unhappy with the choice.

OK. We're see some movement there. This is -- we're expecting Senate Majority Leader Bill Frist to come out, along with Harriet Miers. And there is Senator Frist and also Arlen Specter, I believe.

Yes. Arlen Specter, the head of the Senate Judiciary Committee. Let's listen in. They're going to have a photo opportunity, I imagine, and answer some questions.

SEN. BILL FRIST (R-TN), MAJORITY LEADER: On behalf of the United States Senate, I welcome Harriet Miers.

Harriet is a nomination we are excited about, we are pleased with. She has demonstrated her leadership, her character, her integrity in the past. She is a woman who understands judicial restraint, a woman who has been a pioneer in Texas in terms of the legal profession. Her experience, both in private practice and her experience as counsel to the president, will serve her well.

The nomination process I guess officially began today, early this morning; I think unofficially with Harriet and the president probably last night.

And with that, we welcome the initiation of this process. And I look forward to continuing that process in a very thorough, in a very diligent, in a very disciplined way, with the goal that we would have that up-or-down confirmation vote by Thanksgiving.

So, Harriet, it's a real honor -- a real honor -- for the United States Senate, with our leadership and our chairmen, to welcome you to our body.

HARRIET MIERS, NOMINEE TO U.S. SUPREME COURT: Thank you, Senator.

FRIST: Let me turn to Chairman Specter, who has demonstrated such tremendous leadership, working in a bipartisan way, with both leaders on the other side of the aisle and Ranking Member Senator Leahy as well.

Arlen?

SEN. ARLEN SPECTER (R), PENNSYLVANIA: Well, first, hardiest congratulations are in line for Ms. Miers. We've had the pleasure of working with her as White House counsel.

And I heard -- I counted 379 clicks of the cameras, Harriet, which tops the number when Judge Roberts was in a similar situation.

I had talked to Senator Leahy last night, not knowing who the nominee would be, but knowing that the nominee would be selected and announced this morning. And Senator Leahy expressed his regrets that he could not make the connections from Burlington to be here.

But as the leader, Senator Frist, has said, we will have dignified, professional hearings. We will do them as promptly as we can.

I will be sitting down with Ms. Miers when this meeting ends to try to get a little better idea about how many speeches she's made and about how many articles she's written and about how many cases she's tried and what volume of paper we will have to look at.

And, to the extent that it is possible to comply with the leader's timetable of confirmation by Thanksgiving, present Ms. Miers to the Senate floor, the committee will do everything it can.

But, as Senator Frist emphasized, it will be thorough and complete. And it's an enormously important appointment replacing Justice O'Connor. And we will be very, very thorough. And to the extent we can meet a timetable we will, but thoroughness will be our principal goal.

FRIST: Thank you, Arlen.

And our president pro tem, Ted Stevens.

SEN. TED STEVENS (R), ARKANSAS: Thank you very much, Leader.

I'm delighted to have met Ms. Miers this morning in her office, and I'm delighted the president decided to fill Sandra Day O'Connor's position with a qualified woman.

In our conversation so far, we're going to become familiar with some of the difficult problems in your personal life. And as a member of the bar for now for over 55 years, I really admire what you've done within the bar association, particularly as a woman who came up through the period when women were not that prevalent in our bar association.

I think there's more women in our Alaska Bar Association now than there are men. But when I first got there there were none.

So you have shown a very great capability of leading the bar, which I think will be very helpful as we go through this process.

MIERS: Thank you. FRIST: And, Harriet, again, on behalf of the United States Senate, we are honored to begin this process today. And we will continue with a process that is orderly, that is step by step, and one that I am confident will lead to your confirmation here in the next several weeks.

And we'd love to turn to you for a few words.

MIERS: Thank you.

I am, of course, greatly honored, and at the same time humbled, by the president's nomination.

I do look forward to the process here in the Senate. I look forward to it eagerly. And it is part of our process, will be a great experience, and look forward to being able to talk with a number of the senators over the next few weeks.

Thank you.

FRIST: Thank you, Harriet. Again, welcome. Appreciate it.

Extensive consultation has gone under way. The president has reached out to over 80 United States senators in a bipartisan way. And so we're very excited about this process.

And with that, as I mentioned earlier, it'll be dignified, it'll be civil, it'll disciplined, and I'm sure it'll be tough in many ways. But we look forward to confirmation, working as hard as we possibly can, by Thanksgiving.

MIERS: Thank you.

FRIST: Thank you all.

KAGAN: OK. No answer to that question on exactly when -- OK. I'm just trying to see if Senator Specter or Senator Frist would answer the question about exactly when those confirmation hearings would begin.

A warm welcome for Harriet Miers, the nominee to succeed Sandra Day O'Connor on the U.S. Supreme Court. Senator Frist promising that this would be prompt and thoroughness is the goal, and that echoed as well by Senator Specter.

Let's go ahead and bring in our Joe Johns.

Joe, meanwhile, while they wait for this process to take place, Sandra Day O'Connor still comes to work and listens to the cases, is that right?

JOE JOHNS, CNN CONGRESSIONAL CORRESPONDENT: That's right. She's at work today, and they're hearing a case. Of course we don't know how long this process is going to be. Somebody was predicting this morning that it could be four to six weeks before they get into hearings. That's pretty hopeful. Very difficult to say. Now, we're watching, obviously, the people in the Senate Judiciary Committee very carefully, because they're the people who will conduct the hearings and ask the questions. We got a sampling of some talk from Senator John Cornyn, Republican on that committee, and Senator Chuck Schumer, the Democrat of New York, speaking earlier today. It gives you a sense of how Republicans generally are complimentary, as expected, and Democrats are sort of holding their fire because they don't know what they've got right now.

(BEGIN VIDEO CLIP)

SEN. JOHN CORNYN (R), TEXAS: ... Dick Cheney's selection as vice president. The president picked the picker, so to speak. And -- but I think that -- I believe that Harry Reid in one of those consultations said -- had suggested that she would be a good choice. So, if that's the case, then I think that the president has selected someone who should be a consensus choice and should not be controversial.

(END VIDEO CLIP)

(BEGIN VIDEO CLIP)

SEN. CHARLES SCHUMER (D), NEW YORK: There's hope that Harriet Miers is a mainstream nominee. A very preliminary review shows nothing in her record that would indicate she wouldn't be, but very little in her record that indicates she would be as well. We just don't know very much.

(END VIDEO CLIP)

JOHNS: That very much echoed also by the only woman on the Judiciary Committee. Dianne Feinstein, putting out a statement today saying, "Well, I'm pleased that the president has named a woman to succeed Justice Sandra Day O'Connor. It remains critically important that the Senate Judiciary Committee, and, indeed, the American people, learn more about her positions on some of the most important issues facing our nation."

The other thing to note, yes, Senator Harry Reid, the Democratic leader, has been complimentary of her this morning. There's strong suggestion that he is one of the people who floated her name. Of course, he himself is not on the Judiciary Committee -- Daryn.

KAGAN: All right, Joe. Now, meanwhile, it is a big Supreme Court day. It's the first Monday in October, so that means it's the day that John Roberts officially takes over as chief justice.

JOHNS: That's right. And he is off and running, as it were.

As I said, the Supreme Court hearing cases already today after a bit of pomp and circumstance. Earlier, we had the swearing in here at the United States Supreme Court for the chief justice. Also, a very brief photo opportunity, where he walks down the stairs with the senior justice on the court, John Paul Stephens. John Paul Stephens taking just a little bit of a slip, but not falling when he came down the stairs. Otherwise, very uneventful, very pro forma, pomp and circumstance -- Daryn.

KAGAN: All right. Joe, thank you.

Joe Johns at the Supreme Court.

There are some new numbers out on gas prices. We're checking in on the cost of filling up just ahead.

Also, back to school but not quite back to normal. Classes in session this morning at some New Orleans area schools. That story at the bottom of the hour.

And then there's a new prediction about how many more hurricanes are likely to form before the season ends. We have the details up next.

SUSAN LISOVICZ, CNN CORRESPONDENT: I'm Susan Lisovicz in Lake George, New York, where efforts are under way at this very hour to retrieve the Ethan Allen. Twenty people died when the tour boat capsized and sank suddenly in what had been picture-perfect conditions. I'll have details of the investigation coming up on CNN LIVE TODAY.

(COMMERCIAL BREAK)

KAGAN: Looking at pictures of Vice President Dick Cheney. He is at Camp Lejeune today. He is there to welcome home an Ohio-based Marine unit that took heavy casualties during Iraq. And we will be bringing you some of Vice President's Cheney comments just head.

Meanwhile, we go to New York State, where federal accident investigators are getting to work in upstate New York today. A tour boat accident there killed 20 elderly passengers this weekend.

Our Susan Lisovicz joins us now from Lake George, New York -- Susan.

LISOVICZ: Good morning again, Daryn.

Well, the tranquillity of this beautiful scene being interrupted right now by the sounds of a helicopter operated by the NTSB, part of a critical and intense effort under way at this hour not far from where I'm standing offshore. That is the effort to salvage the Ethan Allen.

One of the great mysteries here is how a boat that appeared to be in good working order, operated by a tour company with a good safety record, could capsize and sink so suddenly in picture-perfect conditions yesterday. We do know authorities are focusing on several key areas. One is the weight of the boat.

The Ethan Allen was only a 40-foot boat. Its total capacity was 50 passengers. Forty-seven passengers were aboard, virtually all of them senior citizens.

Only one crew member, Daryn. That was the captain.

Also, because it was such a gorgeous day yesterday, everybody was out on their boat, everyone from canoeists, to much bigger tour operators. So, investigators are looking into these reports as to whether a heavy wake contributed to destabilizing the boat.

Whatever the case may be, we know that this accident occurred in just seconds. None of the passengers appeared to have their safety vests on. They were not required under state law to do so. But some of them were trapped. And because so many of them were elderly, some of them infirm, it was just a tragic situation.

Many of the people who helped rescue them were pleasure boaters in the area. One of them said when he came upon the scene, it was reminiscent of the pictures from New Orleans after Hurricane Katrina, bodies floating in the water, other people crying out for help, many of them in shock.

At the end of the day, of course, 20 people dead, 27 injured -- or 27 survivors, I should say. The worst tragedy that anyone can recall here at Lake George.

Back to you, Daryn.

KAGAN: And Susan, they think a lot of these victims are from the Detroit, Michigan, area, I understand.

LISOVICZ: That's right. It appears that all of them were senior citizens from Michigan enjoying what was just a beautiful day.

It couldn't get much nicer. Clear conditions, tranquil, calm, clear skies. Sunny.

And so that may have also contributed to the fact that really it was going to be a very easy day. None of them really had their safety vests on. And, of course, that was to their detriment when the boat turned over -- it capsized and then sank very quickly. So there really was very little time to react.

And some of them were in chairs, some of them were trapped underneath the boat. So, it was a terrifying situation no matter what kind of physical condition you were in.

KAGAN: Yes.

LISOVICZ: But these people, some of them were quite infirm.

KAGAN: And as you were saying, of course a lot of questions yet about how this happened. The NTSB holding a news conference in a few minutes, too.

LISOVICZ: Just minutes away from now, Daryn.

KAGAN: Yes. We're going to show that live to our viewers here on CNN.

And there you see the site of a news conference. NTSB briefing on this tour boat accident.

Thank you to Susan Lisovicz.

The federal government wants to teach Americans how to save a little energy. Details on a new campaign up next.

Plus, the pain at the pump, is it going to get worse? That story when CNN LIVE TODAY continues.

(COMMERCIAL BREAK)

KAGAN: And live pictures from Camp Lejeune, North Carolina. That's Vice President Dick Cheney. He is issuing Purple Hearts to a number of Marines from Lima Company. The vice president is there to welcome home this Ohio-based Marine Corps unit which took heavy casualties while in Iraq.

More on that just ahead.

Meanwhile, an energy alert. The Bush administration predicts it could be spring before fuel prices and production return to what they consider to be normal.

Last hour, the Energy secretary and consumer groups outlined a conservation plan. And if you remember the 1970s, it might sound familiar: turn off your lights, your thermostat -- adjust your thermostat setting, and drive more slowly. Hurricanes Katrina and Rita severely disrupted oil and gas production in the Gulf.

(BEGIN VIDEO CLIP)

SAMUEL BROWN, ENERGY SECRETARY: There are substantial savings that can be made. For example, in driving an automobile, if one reduces the speed that one is driving from 65 to 55, you can 10 percent on gasoline mileage. If one inflates the tires to the recommended amounts, if one gets -- makes sure that the engine on the car is tuned, all these things are relatively simple, straightforward things that frankly we all ought to be doing.

(END VIDEO CLIP)

KAGAN: AAA says gas prices are still climbing toward the $3 mark. Self-serve regular unleaded is averaging $2.94 a gallon around the nation. That is up a couple of pennies since Saturday.

Some folks are conserving fuel and their budget. And they're tapping the most abundant energy source there is under the sun.

Here's CNN's Alina Cho in New York.

(BEGIN VIDEOTAPE)

ALINA CHO, CNN CORRESPONDENT (voice over): Every time Dan Sabia looks at the solar panels on his roof...

DAN SABIA, SOLAR POWER CONSUMER: I see dollar signs coming out of them.

CHO: ... he sees the money he's saving each month on electricity costs.

SABIA: We basically wipe out our electric bill to a zero balance.

CHO: He used to pay $230 a month for his four-bedroom house. Then Sabia learned about solar energy. He installed the panels three years ago, liked them so much he also put them on his rental house next door.

SABIA: It's better than putting money in the stock market. It's guaranteed.

CHO: The panels are expensive. They can cost up to $75,000 per house. Sabia, who was among the first on New York's Long Island to install them, got a $60,000 rebate from the power company.

The rebate is $40,000 now, but there are also tax breaks. Sabia's out-of-pocket expense, about $7,000. He saves about $2,800 a year on his electric bill. So in three years, the panels have paid for themselves.

DR. RICHARD KESSEL, LONG ISLAND POWER AUTHORITY: That's good for the customer. But it's also good for society because it reduces our dependence on oil.

CHO (on camera): People who support solar power argue now is the time to convert. Just this week, the Long Island Power Authority announced another rate hike. And that means residents in this area will soon be paying on average $28 more a month for electricity.

SABIA: I'm very happy every time they raise the rates, because I'm the one that goes around telling people, you have solar, it's an option, it's a solution.

CHO (voice over): Part of the reason why Sabia and others who use solar energy on Long Island are open houses this weekend, inviting people in to tell them about the benefits. It's a strong draw for people like Dominick Ognibene.

(on camera): What peaked your interest?

DOMINICK OGNIBENE, INTERESTED IN SOLAR POWER: The high cost of the fuel and electric, and my last electric bill that I just received at $900 and some odd dollars.

CHO: Homeowner Mike Diehl says he saves about $250 a month.

MIKE DIEHL, SOLAR POWER CONSUMER: That's groceries, that's a small vacation. That's -- it's a nice hit. CHO: Diehl calls it a no-brainer. So does Sabia, who says solar power is no longer a luxury. In this environment, he says, it's a necessity.

Alina Cho, CNN, New York.

(END VIDEOTAPE)

KAGAN: More than 30 states have laws requiring a minor to gain parental approval before getting an abortion. But with a new chief justice and another high court nomination pending, those laws could be history, depending on what the court rules this term. Up next, we'll take a look at some of the controversial cases going before the justices.

Plus, Louisiana's road to recovery. We'll tell you where some displaced students are finally getting a chance to get back to class.

(COMMERCIAL BREAK)

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