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American Morning
President Bush Drawing Battle Lines in Washington; In Michael Jackson Case, Defense Releasing Star-Studded Witness List
Aired February 15, 2005 - 07:00 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.
BILL HEMMER, CNN ANCHOR: Good morning. President Bush drawing the battle lines in Washington, challenging Democrats again with his judicial nominees. And asking Congress for another $82 billion for Iraq and Afghanistan.
In the Michael Jackson matter, the defense releasing a star- studded list of potential witnesses. What can Kobe Bryant, Jay Leno and the others really offer when the trial begins?
And millions of elderly Americans lining up for flu shots. Now there are doubts the vaccine has saved a single life, on this AMERICAN MORNING.
ANNOUNCER: From the CNN broadcast center in New York, this is AMERICAN MORNING with Bill Hemmer and Soledad O'Brien.
SOLEDAD O'BRIEN, CNN ANCHOR: Good morning. Welcome, everybody.
The president is ready to take on congressional Democrats again, asking for an up or down vote on his 20 federal judicial nominees. He's sending several nominees, in fact, back to the Senate who have been blocked before.
Suzanne Malveaux Standing by for us at the White House this morning, going to take a look at how the fight could wind up.
HEMMER: Also, an incredible story with the U.S. military, a story about things that fathers and sons do together. Not baseball, not a fishing trip. In this case, it's a trip to Iraq. Marine Reservist Kendall and Chris Phelps will be our guests today. Their deployment started with a sign that read "wish you were here, dad." And he followed suit.
O'BRIEN: He was kidding, but his father wasn't.
HEMMER: We'll talk to them this morning.
O'BRIEN: Great story.
Good morning, Jack.
JACK CAFFERTY, CNN ANCHOR: Good morning.
President Bush going to the Congress again. He wants another $82 billion of supplemental appropriation to fight the war on terror in places like Afghanistan and Iraq. Total spending, assuming he gets this supplemental, and he will, in the war on terror, over $300 billion since September 11th. Of course, some of the Democrats in Congress predict we are howling about this latest request, saying there's not enough accountability, and where's the money going, and yada, yada, yada. We'll take a look at what $300 billion buys in the way of peace of mind in a few minutes.
O'BRIEN: All right, Jack, thank you.
Let's get right to Heidi Collins. She's got a look at what's making news at this hour.
Hey, Heidi, good morning.
HEIDI COLLINS, CNN ANCHOR: Good morning, guys. And good morning to you, everybody.
Now in the news this morning, military forces are on high alert in Lebanon after a powerful bomb blast killed the former prime minister, Rafik Hariri. Fifteen others were also killed in yesterday's explosion in Beirut. More than 100 were injured. Authorities have questioned four people in connection now with the attack. All but one have been released. The country is observing three official days of mourning.
Rescue teams in China are at the site of what's being called the country's worst mine disaster in some 50 years. Chinese media reporting at least 203 miners were killed in a gas explosion at a coal mine in the northeastern part of the country. More than a dozen people may still be trapped underground. We'll keep our eye on that one for you.
In Cambridge, Massachusetts now, defrocked priest Paul Shanley faces sentencing today on child molestation charges. The 74-year-old Shanley could get a maximum sentence of life in prison. He was convicted last week of repeatedly assaulting a boy at a Boston-area parish in the 1980s. Some prison advocates worry sending Shanley to prison will amount to a death sentence. Another figure in the clergy- abuse scandal, John Geoghan, was killed in prison more than a year ago.
And airline passengers can still carry cigarette lighters on board, despite a law slated to go into effect today. Congress passed the ban last year after an attempted shoe bombing. The Transportation Security Administration is putting ahold on the law, saying it is still under review. And that's the news for now -- guys.
HEMMER: Soon we'll be able to get on planes with our clothes on our backs.
COLLINS: Maybe, just maybe.
HEMMER: Thank you, Heidi.
O'BRIEN: President Bush is asking Congress for nearly $82 billion, most of it to pay for military operations in Iraq and Afghanistan. The president acknowledges his request will push the federal deficit to a record high.
White House correspondent Suzanne Malveaux standing by with more this morning.
Hey, Suzanne, good morning.
SUZANNE MALVEAUX, CNN WHITE HOUSE CORRESPONDENT: Good morning, Soledad.
Of course, President Bush faces quite a bit of criticism over this. Many Democrats believe the president has not been honest with the American people in terms of how much the war is going to cost. They also say his tax cuts, as well as Social Security reform, really means that he's not going to be able to afford this, and that $82 billion does not fix the problem when it comes to going up against the insurgency.
Nevertheless, it is expected that this is going to pass. Certainly members of Congress not going up against the president during wartime and seeking money for the troops.
Here's the breakdown, out of the $82 billion, $77 billion going to the missions in Iraq and Afghanistan. Broken down to $12 billion for repair and replacing equipment, $3 billion for vehicle armor, as well, $5.7 billion to train Iraqi forces, $1.3 billion to train Afghan security agencies, $5 billion to train U.S. Army brigades. And then the other part of the supplemental, $658 million to build a U.S. embassy in Iraq, $950 million for aid for tsunami victims, and $200 million, that being for aid for the Palestinians.
Now, the White House acknowledges that, of course, this is going to push the federal deficit, break the federal deficit record this year, but they all say of course they believe this will allow U.S. troops to come home by trying to train those Iraqi forces as quickly as possible. Quite a controversy here in Washington -- Soledad.
O'BRIEN: And guess what, there's another controversy as well. Let's talk a little bit about the judicial nominees. There's been a little infighting in about that. What exactly is happening there?
MALVEAUX: Well, yesterday, President Bush of course submitted 20 federal judicial nominees. These are people that he actually submitted last term who were rejected by Democrats, who say that they're extremists, right-wing extremists. And the president feels like he's in a better position this time because he's got a greater Republican majority in the Senate, but Democrats say of course that they will continue the filibuster, the delay tactic.
There are some, however, Republicans in the Senate who say they'll change the rules here to make sure they can't filibuster or block those votes. They believe they have a good shot of that. But that is called the nuclear test, the nuclear choice, not one that members of Congress necessarily want to make, but that you can bet, Soledad, is going to be another really hot battle here in D.C.
O'BRIEN: Yes, I can bet. All right, Suzanne Malveaux for us at the White House this morning. Suzanne, thanks.
One more note, this one regarding the president's cabinet. Michael Chertoff is expected to be confirmed by the Senate later today as secretary of homeland security. His confirmation has been delayed over a secret FBI memo over the treatment of terror suspects at Guantanamo Bay. He headed the Justice Department's criminal division following 9/11. Chertoff denies knowing about the contents of the memo or ever approving any harsh interrogation techniques of prisoners -- Bill.
HEMMER: Soledad, about seven minutes now past the hour. And the list of potential witnesses for Michael Jackson's child molestation trial is a showbiz who's who. The defense list includes Elizabeth Taylor, Stevie Wonder, Kobe Bryant, and prosecutors plan to call the mother of Jackson's children, and the boy who accused Jackson of molesting him back in 1993.
Court TV's Lisa Bloom back with us this morning in our studios. Good morning to you.
LISA BLOOM, COURT TV: Good morning.
HEMMER: First, the list. What's the purpose this serves?
BLOOM: Well, it's really not a witness list. It's a potential witness list, and we trial lawyers read off the list of names to potential jurors to ask them whether they have any personal relationship with any of these potential witnesses. You don't want three months into the trial to call Kobe Bryant, for example, and have a juror say, that's my first cousin. So we need to know right at the jury-selection phase if there's a connection.
HEMMER: You said in the Scott Peterson case, 600 witnesses were on that list, is that right?
BLOOM: That's right.
HEMMER: That's pretty extensive.
BLOOM: So now we're talking about 100 people. It's really not as extensive as you might think. And you know, I can tell you, when I prepared for trial, I put every name on there, of people who might potentially be called. It doesn't necessarily mean they will be called.
HEMMER: Just to be clear, that's the point, just because you're on the list, doesn't mean you will testify in this case.
BLOOM: Many are called, but few are chosen.
HEMMER: Tell me this, why would Kobe Bryant's name be on this list?
BLOOM: Now a lot of people think he must be a friend of Michael Jackson's, but actually he has a connection to the accuser's side of the case. The accuser, back in 2001, say that he actually met Kobe Bryant, that he knew Kobe Bryant. Remember, back then, he was a child with cancer who wanted to meet celebrities. That's how he met Michael Jackson. So that's his connection with the case.
HEMMER: We mentioned Jay Leno a few minutes ago. Ed Bradley of "60 Minutes" did an interview with Michael Jackson. He's on the list also.
BLOOM: Well, that's right, and it's claimed that he met the accuser as well, so perhaps he's there to testify about statements that the boy made to him that Jackson was good to him, never harmed him, things of that nature.
HEMMER: Why is the king of talk on this list, Larry King?
BLOOM: Larry King did an interview with Corey Feldman. Now he's been in the news recently to say that Michael Jackson did some inappropriate things with him, not molestation, but showed him some naked pictures. Well, Corey Feldman told Larry King a year and a half ago, Michael Jackson never did anything inappropriate to me. So it would be to rebut that.
HEMMER: Let me get back to a point I made when I introduced you about the 1993 accuser. Can prosecutors bring that boy to the stand?
BLOOM: That's the biggest question in the case, and the judge is going to decide at the close of the prosecution's case in chief, so probably a couple months from now, whether prior bad acts can come in. I think under California law, the judge will allow them in. There was a specific change in the law to encourage judges to allow that in molestation cases, and I think that '93 accuser will come in, and as potentially six other accusations against Jackson may come in as well.
HEMMER: Really? That's a pretty interesting point you make there. You say this could be the biggest question to be decided in the trial.
BLOOM: I think absolutely. And the judge says he's not going to decide until the end of the prosecution's case, because he doesn't want it to swallow up the case that this boy has against Michael Jackson. But you know, A jury hears other accusations that are similar, that can really sway the entire verdict in the case.
HEMMER: Let me talk about the judge, Rodney Melville, yesterday told the jury, and quoting now, "I'm not bought and paid for," he says. "I have not made up my mind in this case, and I want to select a jury that feels exactly the same way."
BLOOM: Yes, strange comment, isn't it? I mean, nobody accused him of being bought and paid for. So where is that coming from?
HEMMER: Is he defensive?
BLOOM: A couple of things. First of all, Melville is a very respected jurist out there in Santa Barbara County. He has the lowest reversal rate in civil trials of any other judge in that jurisdiction. I think what he's trying to tell the jury, look, one side of this case clearly has a lot of money, celebrity and fame on its side. Don't take that into account. To me, everyone comes into my courtroom equally. Lady justice is blind, and you, the jury, should feel the same way. I think he's trying to set an appropriate tone for this trial, and it's an appropriate tone. Good for him.
HEMMER: Thank you, Lisa. We'll talk again, from Court TV -- Soledad.
O'BRIEN: There is a great deal of concern that the assassination of former Lebanese Prime Minister Rafik Hariri could destabilize the Middle East. In condemning the attack, the Bush administration pointed a finger at Syria; 15,000 Syrian troops are stationed in Lebanon. Mr. Hariri resigned his post last October in opposition to Syrian support for his chief political rival. The bombing throw Lebanon into chaos, ahead of elections, which are scheduled for May, could also spill over into the newly reborn peace effort in Israel, to its south.
Weather now, torrential rains across parts of South America have killed at least 86 people in Venezuela. The floodwaters have receded, but dozens are still missing. Thousands of homes have been destroyed, and parts of small towns in the Andes Mountains have been just literally washed away. There were many harrowing rescues in Colombia, where 25,000 have been forced out of their homes.
HEMMER: Just getting out of that home just to live, amazing videotape there.
(WEATHER REPORT)
HEMMER: Well, "The Sports Illustrated" issue, the swimsuit issue, hits stands today. We've got the cover. And a sneak peek at one of the many surprises in a moment here on that.
O'BRIEN: Also, do flu shots really work? Some startling news on whether they've even saved any lives.
HEMMER: And love of country and family. A father and son going off to war together. The heartwarming story that started with a single photograph, the one you see right here. Their story in a moment as we continue on this AMERICAN MORNING.
(COMMERCIAL BREAK)
O'BRIEN: Welcome back, everybody. Perhaps it was this picture, let's take a look, that struck a nerve with Kendall Phelps. His son, Major Christopher Phelps, sent this photo back in 2003 during his first deployment in Iraq. And ever since then, the elder Phelps has been determined to join his son in Iraq.
Yesterday, I had a chance to talk with father and son.
(BEGIN VIDEOTAPE)
O'BRIEN: Let's begin with Master Gunnery Sergeant Phelps. You served in Vietnam. You spent 30 years in the Marine Corps Reserves. Why did you want to re-enlist?
MASTER SGT. KENDALL PHELPS, U.S. MARINES: Well, you know, it's something that's ingrained in you. I love the Marine Corps. I love being around Marines. I saw a need for the skills that I have, the training that I've done, and I wanted to be involved and do what I could do to help out in anyway possible that I could do something.
O'BRIEN: I know that's sort of similar what your son has said as well, Major Chris Phelps. You volunteered, you left the corporate world. Why did you decide to go into the military service?
MAJOR CHRISTOPHER PHELPS, U.S. MARINES: Simply put, working at my job in corporate America on 9/11, everything that I was doing that day really seemed inconsequential. I was a captain at the time in the Marine Corps Reserve, and I had the opportunity to go back on active duty and serve on the global war on terrorism, and I was excited, and patriotic and wanted to make a difference.
O'BRIEN: You sent your dad a photo as the story goes, back in 2003. And we're going to show a picture of that picture. And it said "dad, wish you were here." And I assume you were just kidding when you wrote that. But your dad, the master gunnery sergeant, kind of took the ball and ran with it if you will, is that right?
K. PHELPS: Well, you might say that. I wanted to go -- be there holding that sign, too, but it didn't work out that way, and I was quite pleased and excited when I saw the sign. It was really unique.
O'BRIEN: Major, what does it mean to you to be able to serve not only with your dad, but to both be deployed to Iraq at the same time as well?
C. PHELPS: I'm excited about the opportunity to go back and see the great things that have been done in the last two years since I was there the first time, in Operation Iraqi Freedom one. I love my country. I love being a Marine. I love what I do. This is an opportunity with my father here, it's really kind of the icing on the cake.
O'BRIEN: Master sergeant, I'd be curious to know what you had to go through to get not only re-enlisted, but also to get in the same unit as your son's in.
K. PHELPS: Well, that's a unique story. And I -- the Marine Corps had a hotline if you were retired, or if you had been in the military maybe in the IRR, you could call and put your name on the list. I did that. I called. I called multiple times. I talked to former marines that I knew that were in position that they might know more than I knew to try to get myself in to the position that I could do something. And so it just worked out for the good for me, and I'm real excited about being here. I love being around these Marines. They make you full of life.
O'BRIEN: I know it's pretty unusual for family members to serve in the same unit. How is the family taking all of this? C. PHELPS: Well, I mean, both of our families are strong, patriotic, military Marine families. They have a great support network, both within the Marine Corps community, called the Key Volunteer Network. They're getting daily calls, and in the communities we live in. I grew up and my father and mother still live in a very small community in the heartland in Kansas. People are calling daily, coming over in the evenings. I live in the suburbs of Kansas City, and just talked to my wife the other night and they're bringing meals over and calling. And friends have come down and installed a new dishwasher we purchased. So it's a great American community, and people are coming together and helping one another in these times of strife.
(END VIDEOTAPE)
O'BRIEN: Major Chris Phelps deploys tomorrow morning. His father ships out the first week of March -- Bill.
HEMMER: What a family story that is.
An Oregon grand juries has indicted a man accused of arranging an Internet suicide pact for Valentine's Day. Twenty-six-year-old Gerald Krein is now in jail on $100,000 bond. Police say he recruited women across the U.S. and Canada to kill themselves either at his home or while logged on to their computer. He faces one count of solicitation to commit murder and four counts of solicitation to commit manslaughter.
20 minutes past the hour. Break here. Will the expected merger of two retail powerhouses not happen after all? Andy has got the lowdown on that, "Minding Your Business" right after this on AMERICAN MORNING.
(COMMERCIAL BREAK)
O'BRIEN: Welcome back, everybody. It looks like merger talks to create a retail giant have broken down. Andy Serwer is "Minding Your Business" this morning.
Good morning.
ANDY SERWER, "FORTUNE" MAGAZINE: Good morning. Not all these deals happen. You know, there have been so many deals over the past couple weeks, and sometimes they come apart at the last minute.
Let's talk about the market first of all, though, Soledad. Not a sweetheart of a day yesterday, Valentine's Day. Some wags suggesting that the traders were out buying flowers. The Dow down four, dragged down by AIG, the insurance giant, which received subpoenas from the feds and the state about its practices.
Nasdaq boosted, you can see, that. It's up six points by the stock defies gravity, continues to defies gravity. That's Google. This, even though insiders had the opportunity to dump tens of millions of shares yesterday. They didn't. In fact, people were buying the stock. It was up five bucks to $1.93 yesterday. Go figure.
Meanwhile, the deal we've been talking about for the past couple weeks possibly happening between May and Federated, two department store giants, apparently is nog going to happen, although you never know, you never know, you never know. May has Lord & Taylor, Marshall Field's, Federated, Macy's and Bloomies. I love saying Bloomies. It doesn't look like that's going to happen, but again, sometimes they get back; it's just a negotiating tactic. We'll have to see.
CAFFERTY: You were supposed to get us one share of Google stock when the IPO came out.
HEMMER: We could have retired by now, Andy.
SERWER: I did. I got one for me. I just forgot. No, I didn't. I should have -- shoulda coulda woulda, that's the old song on Wall Street.
O'BRIEN: Maybe the way I should have put it was, thanks, Andy -- thanks for nothing.
SERWER: I got you candy yesterday. I got you a DVD, you know, come on.
HEMMER: This deal's going to go through.
Back to Jack now, question of the day.
Good morning.
CAFFERTY: The price tag for the war on terror is going up again. President Bush went to Congress. He wants another $82 billion in supplemental funding for the wars in Iraq and Afghanistan. The emergency request is one of the largest in recent U.S. history, and if approved, would push the total cost of the war on terror since September 11, 2001, to more than $300 billion. It's been almost three and a half years since the terrorists struck the World Trade Center and the Pentagon? Here's the question, do you feel safer now than you did right after September 11th? did $300 billion buy you peace of mind?
HEMMER: Interesting.
SERWER: And remember what al Qaeda said about bankrupting the United States. I mean, that's a huge number.
HEMMER: Thank you, Jack.
I want to get back to this story out of Lebanon that broke at this time 24 hours ago. Many in Lebanon are pointing the finger of blame at Syria, their neighbor to the east. Others say that is not the end of the story. We'll get to that in a moment here as we continue after this.
(COMMERCIAL BREAK)
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Aired February 15, 2005 - 07:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
BILL HEMMER, CNN ANCHOR: Good morning. President Bush drawing the battle lines in Washington, challenging Democrats again with his judicial nominees. And asking Congress for another $82 billion for Iraq and Afghanistan.
In the Michael Jackson matter, the defense releasing a star- studded list of potential witnesses. What can Kobe Bryant, Jay Leno and the others really offer when the trial begins?
And millions of elderly Americans lining up for flu shots. Now there are doubts the vaccine has saved a single life, on this AMERICAN MORNING.
ANNOUNCER: From the CNN broadcast center in New York, this is AMERICAN MORNING with Bill Hemmer and Soledad O'Brien.
SOLEDAD O'BRIEN, CNN ANCHOR: Good morning. Welcome, everybody.
The president is ready to take on congressional Democrats again, asking for an up or down vote on his 20 federal judicial nominees. He's sending several nominees, in fact, back to the Senate who have been blocked before.
Suzanne Malveaux Standing by for us at the White House this morning, going to take a look at how the fight could wind up.
HEMMER: Also, an incredible story with the U.S. military, a story about things that fathers and sons do together. Not baseball, not a fishing trip. In this case, it's a trip to Iraq. Marine Reservist Kendall and Chris Phelps will be our guests today. Their deployment started with a sign that read "wish you were here, dad." And he followed suit.
O'BRIEN: He was kidding, but his father wasn't.
HEMMER: We'll talk to them this morning.
O'BRIEN: Great story.
Good morning, Jack.
JACK CAFFERTY, CNN ANCHOR: Good morning.
President Bush going to the Congress again. He wants another $82 billion of supplemental appropriation to fight the war on terror in places like Afghanistan and Iraq. Total spending, assuming he gets this supplemental, and he will, in the war on terror, over $300 billion since September 11th. Of course, some of the Democrats in Congress predict we are howling about this latest request, saying there's not enough accountability, and where's the money going, and yada, yada, yada. We'll take a look at what $300 billion buys in the way of peace of mind in a few minutes.
O'BRIEN: All right, Jack, thank you.
Let's get right to Heidi Collins. She's got a look at what's making news at this hour.
Hey, Heidi, good morning.
HEIDI COLLINS, CNN ANCHOR: Good morning, guys. And good morning to you, everybody.
Now in the news this morning, military forces are on high alert in Lebanon after a powerful bomb blast killed the former prime minister, Rafik Hariri. Fifteen others were also killed in yesterday's explosion in Beirut. More than 100 were injured. Authorities have questioned four people in connection now with the attack. All but one have been released. The country is observing three official days of mourning.
Rescue teams in China are at the site of what's being called the country's worst mine disaster in some 50 years. Chinese media reporting at least 203 miners were killed in a gas explosion at a coal mine in the northeastern part of the country. More than a dozen people may still be trapped underground. We'll keep our eye on that one for you.
In Cambridge, Massachusetts now, defrocked priest Paul Shanley faces sentencing today on child molestation charges. The 74-year-old Shanley could get a maximum sentence of life in prison. He was convicted last week of repeatedly assaulting a boy at a Boston-area parish in the 1980s. Some prison advocates worry sending Shanley to prison will amount to a death sentence. Another figure in the clergy- abuse scandal, John Geoghan, was killed in prison more than a year ago.
And airline passengers can still carry cigarette lighters on board, despite a law slated to go into effect today. Congress passed the ban last year after an attempted shoe bombing. The Transportation Security Administration is putting ahold on the law, saying it is still under review. And that's the news for now -- guys.
HEMMER: Soon we'll be able to get on planes with our clothes on our backs.
COLLINS: Maybe, just maybe.
HEMMER: Thank you, Heidi.
O'BRIEN: President Bush is asking Congress for nearly $82 billion, most of it to pay for military operations in Iraq and Afghanistan. The president acknowledges his request will push the federal deficit to a record high.
White House correspondent Suzanne Malveaux standing by with more this morning.
Hey, Suzanne, good morning.
SUZANNE MALVEAUX, CNN WHITE HOUSE CORRESPONDENT: Good morning, Soledad.
Of course, President Bush faces quite a bit of criticism over this. Many Democrats believe the president has not been honest with the American people in terms of how much the war is going to cost. They also say his tax cuts, as well as Social Security reform, really means that he's not going to be able to afford this, and that $82 billion does not fix the problem when it comes to going up against the insurgency.
Nevertheless, it is expected that this is going to pass. Certainly members of Congress not going up against the president during wartime and seeking money for the troops.
Here's the breakdown, out of the $82 billion, $77 billion going to the missions in Iraq and Afghanistan. Broken down to $12 billion for repair and replacing equipment, $3 billion for vehicle armor, as well, $5.7 billion to train Iraqi forces, $1.3 billion to train Afghan security agencies, $5 billion to train U.S. Army brigades. And then the other part of the supplemental, $658 million to build a U.S. embassy in Iraq, $950 million for aid for tsunami victims, and $200 million, that being for aid for the Palestinians.
Now, the White House acknowledges that, of course, this is going to push the federal deficit, break the federal deficit record this year, but they all say of course they believe this will allow U.S. troops to come home by trying to train those Iraqi forces as quickly as possible. Quite a controversy here in Washington -- Soledad.
O'BRIEN: And guess what, there's another controversy as well. Let's talk a little bit about the judicial nominees. There's been a little infighting in about that. What exactly is happening there?
MALVEAUX: Well, yesterday, President Bush of course submitted 20 federal judicial nominees. These are people that he actually submitted last term who were rejected by Democrats, who say that they're extremists, right-wing extremists. And the president feels like he's in a better position this time because he's got a greater Republican majority in the Senate, but Democrats say of course that they will continue the filibuster, the delay tactic.
There are some, however, Republicans in the Senate who say they'll change the rules here to make sure they can't filibuster or block those votes. They believe they have a good shot of that. But that is called the nuclear test, the nuclear choice, not one that members of Congress necessarily want to make, but that you can bet, Soledad, is going to be another really hot battle here in D.C.
O'BRIEN: Yes, I can bet. All right, Suzanne Malveaux for us at the White House this morning. Suzanne, thanks.
One more note, this one regarding the president's cabinet. Michael Chertoff is expected to be confirmed by the Senate later today as secretary of homeland security. His confirmation has been delayed over a secret FBI memo over the treatment of terror suspects at Guantanamo Bay. He headed the Justice Department's criminal division following 9/11. Chertoff denies knowing about the contents of the memo or ever approving any harsh interrogation techniques of prisoners -- Bill.
HEMMER: Soledad, about seven minutes now past the hour. And the list of potential witnesses for Michael Jackson's child molestation trial is a showbiz who's who. The defense list includes Elizabeth Taylor, Stevie Wonder, Kobe Bryant, and prosecutors plan to call the mother of Jackson's children, and the boy who accused Jackson of molesting him back in 1993.
Court TV's Lisa Bloom back with us this morning in our studios. Good morning to you.
LISA BLOOM, COURT TV: Good morning.
HEMMER: First, the list. What's the purpose this serves?
BLOOM: Well, it's really not a witness list. It's a potential witness list, and we trial lawyers read off the list of names to potential jurors to ask them whether they have any personal relationship with any of these potential witnesses. You don't want three months into the trial to call Kobe Bryant, for example, and have a juror say, that's my first cousin. So we need to know right at the jury-selection phase if there's a connection.
HEMMER: You said in the Scott Peterson case, 600 witnesses were on that list, is that right?
BLOOM: That's right.
HEMMER: That's pretty extensive.
BLOOM: So now we're talking about 100 people. It's really not as extensive as you might think. And you know, I can tell you, when I prepared for trial, I put every name on there, of people who might potentially be called. It doesn't necessarily mean they will be called.
HEMMER: Just to be clear, that's the point, just because you're on the list, doesn't mean you will testify in this case.
BLOOM: Many are called, but few are chosen.
HEMMER: Tell me this, why would Kobe Bryant's name be on this list?
BLOOM: Now a lot of people think he must be a friend of Michael Jackson's, but actually he has a connection to the accuser's side of the case. The accuser, back in 2001, say that he actually met Kobe Bryant, that he knew Kobe Bryant. Remember, back then, he was a child with cancer who wanted to meet celebrities. That's how he met Michael Jackson. So that's his connection with the case.
HEMMER: We mentioned Jay Leno a few minutes ago. Ed Bradley of "60 Minutes" did an interview with Michael Jackson. He's on the list also.
BLOOM: Well, that's right, and it's claimed that he met the accuser as well, so perhaps he's there to testify about statements that the boy made to him that Jackson was good to him, never harmed him, things of that nature.
HEMMER: Why is the king of talk on this list, Larry King?
BLOOM: Larry King did an interview with Corey Feldman. Now he's been in the news recently to say that Michael Jackson did some inappropriate things with him, not molestation, but showed him some naked pictures. Well, Corey Feldman told Larry King a year and a half ago, Michael Jackson never did anything inappropriate to me. So it would be to rebut that.
HEMMER: Let me get back to a point I made when I introduced you about the 1993 accuser. Can prosecutors bring that boy to the stand?
BLOOM: That's the biggest question in the case, and the judge is going to decide at the close of the prosecution's case in chief, so probably a couple months from now, whether prior bad acts can come in. I think under California law, the judge will allow them in. There was a specific change in the law to encourage judges to allow that in molestation cases, and I think that '93 accuser will come in, and as potentially six other accusations against Jackson may come in as well.
HEMMER: Really? That's a pretty interesting point you make there. You say this could be the biggest question to be decided in the trial.
BLOOM: I think absolutely. And the judge says he's not going to decide until the end of the prosecution's case, because he doesn't want it to swallow up the case that this boy has against Michael Jackson. But you know, A jury hears other accusations that are similar, that can really sway the entire verdict in the case.
HEMMER: Let me talk about the judge, Rodney Melville, yesterday told the jury, and quoting now, "I'm not bought and paid for," he says. "I have not made up my mind in this case, and I want to select a jury that feels exactly the same way."
BLOOM: Yes, strange comment, isn't it? I mean, nobody accused him of being bought and paid for. So where is that coming from?
HEMMER: Is he defensive?
BLOOM: A couple of things. First of all, Melville is a very respected jurist out there in Santa Barbara County. He has the lowest reversal rate in civil trials of any other judge in that jurisdiction. I think what he's trying to tell the jury, look, one side of this case clearly has a lot of money, celebrity and fame on its side. Don't take that into account. To me, everyone comes into my courtroom equally. Lady justice is blind, and you, the jury, should feel the same way. I think he's trying to set an appropriate tone for this trial, and it's an appropriate tone. Good for him.
HEMMER: Thank you, Lisa. We'll talk again, from Court TV -- Soledad.
O'BRIEN: There is a great deal of concern that the assassination of former Lebanese Prime Minister Rafik Hariri could destabilize the Middle East. In condemning the attack, the Bush administration pointed a finger at Syria; 15,000 Syrian troops are stationed in Lebanon. Mr. Hariri resigned his post last October in opposition to Syrian support for his chief political rival. The bombing throw Lebanon into chaos, ahead of elections, which are scheduled for May, could also spill over into the newly reborn peace effort in Israel, to its south.
Weather now, torrential rains across parts of South America have killed at least 86 people in Venezuela. The floodwaters have receded, but dozens are still missing. Thousands of homes have been destroyed, and parts of small towns in the Andes Mountains have been just literally washed away. There were many harrowing rescues in Colombia, where 25,000 have been forced out of their homes.
HEMMER: Just getting out of that home just to live, amazing videotape there.
(WEATHER REPORT)
HEMMER: Well, "The Sports Illustrated" issue, the swimsuit issue, hits stands today. We've got the cover. And a sneak peek at one of the many surprises in a moment here on that.
O'BRIEN: Also, do flu shots really work? Some startling news on whether they've even saved any lives.
HEMMER: And love of country and family. A father and son going off to war together. The heartwarming story that started with a single photograph, the one you see right here. Their story in a moment as we continue on this AMERICAN MORNING.
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O'BRIEN: Welcome back, everybody. Perhaps it was this picture, let's take a look, that struck a nerve with Kendall Phelps. His son, Major Christopher Phelps, sent this photo back in 2003 during his first deployment in Iraq. And ever since then, the elder Phelps has been determined to join his son in Iraq.
Yesterday, I had a chance to talk with father and son.
(BEGIN VIDEOTAPE)
O'BRIEN: Let's begin with Master Gunnery Sergeant Phelps. You served in Vietnam. You spent 30 years in the Marine Corps Reserves. Why did you want to re-enlist?
MASTER SGT. KENDALL PHELPS, U.S. MARINES: Well, you know, it's something that's ingrained in you. I love the Marine Corps. I love being around Marines. I saw a need for the skills that I have, the training that I've done, and I wanted to be involved and do what I could do to help out in anyway possible that I could do something.
O'BRIEN: I know that's sort of similar what your son has said as well, Major Chris Phelps. You volunteered, you left the corporate world. Why did you decide to go into the military service?
MAJOR CHRISTOPHER PHELPS, U.S. MARINES: Simply put, working at my job in corporate America on 9/11, everything that I was doing that day really seemed inconsequential. I was a captain at the time in the Marine Corps Reserve, and I had the opportunity to go back on active duty and serve on the global war on terrorism, and I was excited, and patriotic and wanted to make a difference.
O'BRIEN: You sent your dad a photo as the story goes, back in 2003. And we're going to show a picture of that picture. And it said "dad, wish you were here." And I assume you were just kidding when you wrote that. But your dad, the master gunnery sergeant, kind of took the ball and ran with it if you will, is that right?
K. PHELPS: Well, you might say that. I wanted to go -- be there holding that sign, too, but it didn't work out that way, and I was quite pleased and excited when I saw the sign. It was really unique.
O'BRIEN: Major, what does it mean to you to be able to serve not only with your dad, but to both be deployed to Iraq at the same time as well?
C. PHELPS: I'm excited about the opportunity to go back and see the great things that have been done in the last two years since I was there the first time, in Operation Iraqi Freedom one. I love my country. I love being a Marine. I love what I do. This is an opportunity with my father here, it's really kind of the icing on the cake.
O'BRIEN: Master sergeant, I'd be curious to know what you had to go through to get not only re-enlisted, but also to get in the same unit as your son's in.
K. PHELPS: Well, that's a unique story. And I -- the Marine Corps had a hotline if you were retired, or if you had been in the military maybe in the IRR, you could call and put your name on the list. I did that. I called. I called multiple times. I talked to former marines that I knew that were in position that they might know more than I knew to try to get myself in to the position that I could do something. And so it just worked out for the good for me, and I'm real excited about being here. I love being around these Marines. They make you full of life.
O'BRIEN: I know it's pretty unusual for family members to serve in the same unit. How is the family taking all of this? C. PHELPS: Well, I mean, both of our families are strong, patriotic, military Marine families. They have a great support network, both within the Marine Corps community, called the Key Volunteer Network. They're getting daily calls, and in the communities we live in. I grew up and my father and mother still live in a very small community in the heartland in Kansas. People are calling daily, coming over in the evenings. I live in the suburbs of Kansas City, and just talked to my wife the other night and they're bringing meals over and calling. And friends have come down and installed a new dishwasher we purchased. So it's a great American community, and people are coming together and helping one another in these times of strife.
(END VIDEOTAPE)
O'BRIEN: Major Chris Phelps deploys tomorrow morning. His father ships out the first week of March -- Bill.
HEMMER: What a family story that is.
An Oregon grand juries has indicted a man accused of arranging an Internet suicide pact for Valentine's Day. Twenty-six-year-old Gerald Krein is now in jail on $100,000 bond. Police say he recruited women across the U.S. and Canada to kill themselves either at his home or while logged on to their computer. He faces one count of solicitation to commit murder and four counts of solicitation to commit manslaughter.
20 minutes past the hour. Break here. Will the expected merger of two retail powerhouses not happen after all? Andy has got the lowdown on that, "Minding Your Business" right after this on AMERICAN MORNING.
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O'BRIEN: Welcome back, everybody. It looks like merger talks to create a retail giant have broken down. Andy Serwer is "Minding Your Business" this morning.
Good morning.
ANDY SERWER, "FORTUNE" MAGAZINE: Good morning. Not all these deals happen. You know, there have been so many deals over the past couple weeks, and sometimes they come apart at the last minute.
Let's talk about the market first of all, though, Soledad. Not a sweetheart of a day yesterday, Valentine's Day. Some wags suggesting that the traders were out buying flowers. The Dow down four, dragged down by AIG, the insurance giant, which received subpoenas from the feds and the state about its practices.
Nasdaq boosted, you can see, that. It's up six points by the stock defies gravity, continues to defies gravity. That's Google. This, even though insiders had the opportunity to dump tens of millions of shares yesterday. They didn't. In fact, people were buying the stock. It was up five bucks to $1.93 yesterday. Go figure.
Meanwhile, the deal we've been talking about for the past couple weeks possibly happening between May and Federated, two department store giants, apparently is nog going to happen, although you never know, you never know, you never know. May has Lord & Taylor, Marshall Field's, Federated, Macy's and Bloomies. I love saying Bloomies. It doesn't look like that's going to happen, but again, sometimes they get back; it's just a negotiating tactic. We'll have to see.
CAFFERTY: You were supposed to get us one share of Google stock when the IPO came out.
HEMMER: We could have retired by now, Andy.
SERWER: I did. I got one for me. I just forgot. No, I didn't. I should have -- shoulda coulda woulda, that's the old song on Wall Street.
O'BRIEN: Maybe the way I should have put it was, thanks, Andy -- thanks for nothing.
SERWER: I got you candy yesterday. I got you a DVD, you know, come on.
HEMMER: This deal's going to go through.
Back to Jack now, question of the day.
Good morning.
CAFFERTY: The price tag for the war on terror is going up again. President Bush went to Congress. He wants another $82 billion in supplemental funding for the wars in Iraq and Afghanistan. The emergency request is one of the largest in recent U.S. history, and if approved, would push the total cost of the war on terror since September 11, 2001, to more than $300 billion. It's been almost three and a half years since the terrorists struck the World Trade Center and the Pentagon? Here's the question, do you feel safer now than you did right after September 11th? did $300 billion buy you peace of mind?
HEMMER: Interesting.
SERWER: And remember what al Qaeda said about bankrupting the United States. I mean, that's a huge number.
HEMMER: Thank you, Jack.
I want to get back to this story out of Lebanon that broke at this time 24 hours ago. Many in Lebanon are pointing the finger of blame at Syria, their neighbor to the east. Others say that is not the end of the story. We'll get to that in a moment here as we continue after this.
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