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American Morning
Senate Reaches Compromise; Aircraft Violates Restricted Airspace
Aired May 24, 2005 - 08:00 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.
SOLEDAD O'BRIEN, CNN ANCHOR: A controversial judge will get her Senate vote as soon as today after a historic compromise on filibuster rules. This morning, Senators John McCain and Ted Kennedy tell us what each side gets out of this last minute deal.
Another small plane violates Washington's airspace. Now rules for a shoot down may be changing.
And another major drug under fire after researchers find dangerous side effects. At look at the risks of Crestor on this AMERICAN MORNING.
ANNOUNCER: From the CNN broadcast center in New York, this is AMERICAN MORNING with Soledad O'Brien and Bill Hemmer.
BILL HEMMER, CNN ANCHOR: Good morning, everybody.
Eight o'clock here in New York City, a rainy New York City, with us today.
O'BRIEN: Again.
HEMMER: That's happening. It's going to happen again and again and again and again.
O'BRIEN: Do I sound bitter?
HEMMER: Yes.
O'BRIEN: A little.
HEMMER: Hot tub.
O'BRIEN: Yes, not the pool, the hot tub this weekend, we've decided.
HEMMER: Not the pool, that's right.
Good to have you along with us today.
In a moment here, the government is rushing to address the subject we talked about on Monday. This is the whole idea about sex offenders getting Medicaid reimbursements for Viagra.
O'BRIEN: This morning we talk with a former parole officer who worked with sex offenders. He says he knows their minds and there are some very real dangers in this.
HEMMER: All right, we'll get to that.
Also, to Jack Cafferty -- good morning, my friend.
JACK CAFFERTY, CNN CORRESPONDENT: Good morning, Bill.
The "Cafferty File" goes global this morning. No more happy hours in England, where you can get drunk for half the price and make a fool of yourself earlier.
A pair of confused storks in Germany having difficulty serving up their super delivery.
And scientists in Japan have made it so that parents may soon be able to translate their babies' babble.
O'BRIEN: Oh, that would be nice.
CAFFERTY: If you listen to it carefully, it sounds a lot like the musing of television executives.
HEMMER: Uh-oh. Maybe less nice. I thought it might be fun to listen in on that.
CAFFERTY: Well, you'll be able to because you're here and I'm here and we're doing this together.
O'BRIEN: If I stay here and you stay there.
CAFFERTY: It'll work out.
O'BRIEN: We'll get to it eventually.
CAFFERTY: It'll work out for you.
O'BRIEN: Thanks, Jack.
Let's get headlines first, though, with Carol Costello -- good morning, again.
CAROL COSTELLO, CNN ANCHOR: Hello.
Good morning.
Good morning to all of you.
Now in the news, American troops coming under fire in Iraq this morning. At least three U.S. soldiers have been killed in a car bombing. Troops were on patrol in Baghdad. These are pictures we just got a few moments ago. In a separate incident, another U.S. soldier was killed in a drive-by shooting. Both incidents being investigated.
The House is expected to vote today on a pair of bills on federal funding for stem cell research. One of the measures is backed by the White House. The other faces a presidential veto. President Bush is set to make a statement on stem cells and bioethics this afternoon in the Rose Garden. That will come your way at 2:10 p.m. Eastern. We're going to carry it live.
The 8-year-old girl left to die in a trash bin near West Palm Beach, Florida says she knew someone would find her. Crews say the first thing the girl asked for was a pastor so she could thank god for saving her life. The girl's suspected attacker made an initial court appearance on Monday. He's charged with attempted murder and sexual assault. A grand jury will get the case on Thursday.
And First Lady Laura Bush is now heading home after wrapping up her Mideast tour. The first lady visited a girl's school in Alexandria, Egypt. During the stop, Mrs. Bush speaking on two of the main themes of her trip, education and gender equality.
So her trip, Bill, will end peacefully.
HEMMER: It turned out to be quite a trip, too.
Thank you, Carol.
Today, the U.S. Senate could move forward with a vote on judicial nominee Priscilla Owen. Late last night, a bipartisan group of senators reached a deal to avoid a showdown. Seven Democrats joined seven Republicans and Democrats agreed not to block votes on judicial nominations unless there are these so-called extraordinary circumstances. That clause is still in the wording. And Republicans agreed not to ban the filibuster.
Senator John McCain is my guest now from Capitol Hill.
Senator, good morning to you.
SEN. JOHN MCCAIN (R), ARIZONA: Good morning, Bill.
HEMMER: You say this compromise averted a crisis in the U.S. Senate.
How close did you come, in the end, to that crisis?
MCCAIN: Well, I think within hours, if not minutes, because we knew that was our last negotiating session. I'd like to tell you it was all carefully planned out to end up that way, but when we walked into that meeting, we were by no means sure that we would get an agreement.
HEMMER: So even you were shocked by this agreement, then?
MCCAIN: No, I wasn't shocked because I knew we were very, very close. But sometimes that last comma or crossing the T or word or words can make a difference. But people came in with an attitude that we wanted to get an agreement.
HEMMER: You know in Washington a lot of people are quick to claim credit. The Democratic leader, Harry Reid, said this last night.
Listen here.
(BEGIN VIDEO CLIP)
SEN. HARRY REID (D-NV), MINORITY LEADER: We have sent President George Bush, Vice President Dick Cheney and the radical arm of the Republican base an undeniable message -- abuse of power will not be tolerated, not be tolerated by Democrats or Republicans.
(END VIDEO CLIP)
HEMMER: The radical arm? Abuse of power? How do you react to his characterization?
MCCAIN: In all due respect to my friend, Senator Reid, he was not in the room and that was not the attitude that Democrats and Republicans in that room had. We were trying to pull the Senate back from going over a precipice. We wanted to preserve the rights of the minority. We believe that the Democrats had abused the filibuster, which they had in the past couple of years, and we wanted to stop that from happening again. And it was a bipartisan effort.
Look, what you're seeing is extreme right, extreme left, Senator Reid, and others, who are trying to spin it to some political advantage when the fact is our interest was the country's advantage.
HEMMER: Some conservative leaders are saying this deal amounts to a sellout.
MCCAIN: So are some very liberal leaders, as well.
HEMMER: How would you respond to that?
MCCAIN: Some very liberal leaders are denouncing it as the same thing. We expected to be denounced severely by both extremes. They've spent a lot of time and a lot of money and a lot of effort trying to continue this polarization. And we just simply reject that. That's not in the tradition of the Senate and I believe now we can move forward with the issues that are important to the American people, like the economy, like the war on terror, like a highway bill, like a number of other things. And I think we'll do it now.
HEMMER: Yes. There is one other outstanding issue on this, though, this extraordinary circumstances clause that could come back again, I don't know, maybe in weeks, maybe in months. Ultimately is that where this debate is headed again?
MCCAIN: No, because I think that we're talking about 14 people now, not 100. It's up to us, the 14, to decide what's 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 am confident that at least the seven Democrats we were dealing with would not use the judicial filibuster, except in the most extreme circumstances. I'm confident that this agreement will hold.
HEMMER: Thank you, Senator.
MCCAIN: Thank you, Bill.
HEMMER: And the Senate goes back to business again today.
John McCain from Washington.
A bit later this hour, in fact, at the half hour, 25 minutes away, Massachusetts Senator Ted Kennedy is our guest here. His perspective on the deal that was struck late last night in the U.S. Senate -- Soledad.
O'BRIEN: In our CNN "Security Watch" now, homeland security considering its authority to shoot down planes after another violation of restricted airspace on Monday evening. Air Force fighter jets were scrambled to intercept a lost Cessna flying too close to the Capitol. An evacuation of the building was ordered and then rescinded just a minute later.
The plane eventually landed in Maryland. Law enforcement officials were interviewing the pilot last night. The incident is the second of its kind in less than two weeks.
Joining us this morning from Washington, D.C., CNN security analyst Clark Kent Ervin -- nice to see you again, Clark.
Thanks for talking with us.
CLARK KENT ERVIN, CNN SECURITY ANALYST: My pleasure.
O'BRIEN: Two incidents in two weeks.
Does this tell you that the efforts to secure the airspace over the Capitol, working or really not working?
ERVIN: Well, no, actually, I think this is a good news story. It shows that the United States government is on hair trigger alert for this kind of incident. And I think it should give the terrorists pause to know the we are as vigilant and as prepared as we apparently are.
O'BRIEN: There is an internal memo, as you know, from the Associated Press, obtained by the Associated Press, that the Department of Homeland Security might be seeking authority for its pilots to shoot down planes that get into restricted airspace.
Do you think that would be, if it's true, a good move?
ERVIN: Yes. Right now the Customs and Border Protection Bureau of the Department has part of the necessary authority. It has the authority, and it does this routinely, to intercept planes that fly into restricted airspace. But if push comes to shove and the airplane needs to be disabled or shot down, the Pentagon only can do that. The Customs Bureau cannot.
There is, however, a part of the Department of Homeland Security, the Coast Guard, that has authority both to intercept a plane and to shoot it down, if necessary. And if the Department of Homeland Security is to play any role in this process, and it seems to me that it should, it should play the whole role. It should have the authority to do everything that needs to be done under the circumstances.
O'BRIEN: Give me a sense, then, of how that would actually work.
ERVIN: Well, if the warning shots, the flares, the communications systems, all of that failed, then the Coast Guard would have the ability to actually disable the plane or to actually shoot it down without having to get the approval from the Pentagon to do so, without having to rely upon the Pentagon to do so.
The only concern about this is that there would need to be real rules of engagement worked out so that it would be clear in a particular incident whether the Pentagon would do it or whether the Coast Guard would do it.
O'BRIEN: Yes, I was going to ask you that, because, of course, with a couple of different groups having the authority to shoot a small plane out of the sky, it almost seems like a recipe, frankly, for a potential disaster.
ERVIN: Well, that's exactly right. But as I say, if the Department of Homeland Security is to play any role, it should have the authority to play the entire role. But that said, there should be clear rules of engagement -- in this particular instance, it's the Pentagon that takes the lead; in this instance it's the Coast Guard that takes the lead. Indeed, the best thing to do might be to let the Department of Homeland Security take the entire role and have the Pentagon play no role whatsoever.
O'BRIEN: How likely do you think that's going to be?
ERVIN: Well, I think that would be very difficult. Needless to say, the Pentagon is a very, very major player in this process and it would be very difficult, indeed.
The narrow issue here, though, again, is whether the Department of Homeland Security should have the entire authority in this regard, as opposed to only partial authority, which is what it has right now.
O'BRIEN: That pilot that got into the restricted airspace two weeks ago, his name is Jim Scheaffer. His pilot's license, as you probably know, was taken away yesterday. This is the guy who caused a mass evacuation and a lot of panic in the nation's capital.
What do you think of that punishment?
ERVIN: Well, I'm very pleased to see that very stiff punishment like that was meted out. In this particular instance, they tried to communicate with the pilot. Even after there was a verbal warning, the pilot still ignored that. It was only after the flares were fired that the pilot actually reacted.
So, that was actually inexcusable. Every pilot should know about this restricted airspace and after every effort is made to warn him or her to get out of this restricted airspace, then very tough measures need to be taken when that warning is ignored.
O'BRIEN: Some people felt they didn't go far enough.
What do you think?
ERVIN: Well, I think it's gone pretty far. Taking the license away -- he can appeal that and he can apply again within a year. But I think it's very unlikely that he would get the license renewed.
O'BRIEN: We'll see about that.
Clark Kent Ervin joining us this morning.
Nice to see you, as always.
Thanks.
ERVIN: You, too.
O'BRIEN: Thanks.
You want to stay with CNN day and night for the most reliable news about your security.
HEMMER: The most reliable news about your weather, too.
We want to check in with Chad Myers -- you're talking about opening the pool this weekend, right?
CHAD MYERS, CNN METEOROLOGIST: Yes.
HEMMER: Soledad and I are thinking this is the weekend for the hot tub.
O'BRIEN: Right.
MYERS: I'm afraid so.
HEMMER: That's about what we're going to need.
MYERS: I mean I lived in Buffalo when I was a kid. We always opened it on Memorial Day and we always closed it on Labor Day.
HEMMER: Right.
MYERS: But I can't even imagine getting out there today. Buffalo right now, you're 44. Get up to Caribou, Maine, it's 42. The water temperature can't be much higher than that either. Temperatures are going to be cool today and they're not going to change for tomorrow, either.
(WEATHER REPORT)
MYERS: It does, the pattern finally does change late next week, but no real relief for this weekend. I know a lot of plans outside. It's inside for Memorial Day.
HEMMER: You know, I'll tell you, in the meantime, in the southwestern part of the U.S., you've got an outright scorcher going on out there for days now.
O'BRIEN: They're cooking.
MYERS: Yes, absolutely.
O'BRIEN: You know what you could do here in the Northeast? You could open your pool at Labor Day and then close it the following Memorial Day...
HEMMER: There's an idea.
O'BRIEN: ... at the rate we're going, Chad.
MYERS: Yes, well, you know...
O'BRIEN: That's just a suggestion, but, you know...
MYERS: ... that one week of summer they get in Canada sometimes.
O'BRIEN: I live in the city. We don't have a pool.
Thanks, Chad.
MYERS: You're welcome.
O'BRIEN: Still to come this morning, Senator Ted Kennedy joins us live on the last minute filibuster deal and what it means for future judicial nominations.
HEMMER: Also, a follow-up and an update on this controversy over sex offenders getting Viagra on the taxpayers' dime. The government offering a solution this morning. We'll get to that.
O'BRIEN: And another deadly wave of violence across Iraq. Is the U.S. making any progress against the insurgency? A look at that is up next on AMERICAN MORNING.
(COMMERCIAL BREAK)
O'BRIEN: Violence to talk about. In Iraq today, four U.S. soldiers were killed in separate incidents in central Baghdad. Three soldiers killed by a car bomb and another soldier died in a drive-by shooting. Also, a car bomb exploded near a girls' school in eastern Baghdad. Officials say the bomb targeted an Iraqi police convoy. Two civilians were killed, eight others wounded.
This morning's violence follows a deadly wave of bombings which struck six cities and towns on Monday. Insurgents targeted Shiite civilians at lunch, at worship and at home, killing at least 38 people and wounding more than 100.
It's been a particularly deadly stretch of violence since Iraq's new cabinet was named in April.
Retired Brigadier General David Grange joins us with some analysis this morning -- nice to see you, General.
Thanks for talking with us.
We've been talking about the violence for a long time now and yet when you talk to military spokespeople, they will say it's a sign of desperation.
Why is it not a sign of success of the insurgency?
BRIG. GEN. DAVID GRANGE, U.S. ARMY (RETIRED), CNN MILITARY ANALYST: Well, because I believe myself it's temporary. It's -- this is kind of a -- the only option the insurgents have. With the success of the elections, with the showing of American resolve by not leaving early from this operation, they have to turn on dividing up the different types of people in Iraq to attack the government. That's the only thing they can do. And now you're going to see a surge of that for some time, until that is destroyed.
O'BRIEN: And, in fact, much of the violence is targeting Shiites.
Do you think Iraq is close to a civil war?
GRANGE: I don't think it's close to one, but it could happen. And I believe that every effort is being made to keep that from happening. You know, if you recall, about a half year ago, Zarqawi wrote a letter to bin Laden saying look, the Americans aren't going to leave. This election is going to happen. The only thing we can do now -- and he's speaking as a Sunni -- is to attack the Shia. They're worst enemies than the Americans.
And that's what you see going on right now. So attacks on Shia by Sunnis. And then you see trying to break up any governmental infrastructure that's in place, to try to prove to the people that it cannot be successful. That's their strategy.
O'BRIEN: The attacks seem to have intensified since a cabinet was named, and yet the troops on the ground are reporting progress.
Specifically, what kind of progress?
GRANGE: Progress in actually taking down enemy cells, cell structures of insurgent groups; of stopping insurgent fighters that are coming in, foreign fighters, into Iraq; breaking down safe houses, cache sites with car bomb making facilities; things like that. You don't hear about a lot of that, but from the e-mail traffic and information that's flowing, there's quite a lot of behind-the-scenes success going on that personally gives me a positive feel on that, this thing will be successful. O'BRIEN: When you hear about all the insurgents who are being arrested following operations like Operation Matador, how long before success there translates into fewer car bombings and suicide bombings?
GRANGE: Well, it's really tough to stop suicide bombers. I mean they cannot be deterred. You have to kill them. And look at -- look what Israel has been going through for decades on suicide bombings. It's the weapon of choice. Car bombs are a weapon of choice, tough to stop, especially in an urban environment. What kind of stand-off do you have? People that don't care about giving up their own lives and don't care about killing civilians are tough to stop.
O'BRIEN: When "Newsweek" retracts its article on the Koran desecration or newspapers publish pictures of Saddam Hussein in his underwear, do you think that demoralizes or does it energize the insurgency?
GRANGE: Well, that, you know, the harm has been done. That's caused a lot of problems. People have died from it. It's really a shame, you know. I mean the value is -- of a correspondent is to report the facts. And sometimes mistakes are made. But a lot of damage occurred because of that.
O'BRIEN: What kind of an impact do you think the violence, all of the violence, is going to have on the efforts to create the new constitution?
GRANGE: You know, what amazes me, I guess if you look back in history, it shouldn't amaze me, but that the people have the resolve to make this thing happen. I think it's down the road far enough that people really want this. The Iraqi people, I do not believe, want to back to the way it was. They want change. And there's a lot of desperation going on, because this change is going to affect the entire Middle East. And I really believe that. It's going to turn everything around.
And that's why some of the bordering countries are very nervous, you know, why you see foreign fighters coming in from bordering countries to try to stop this, because the change is very powerful and it's going to change the status quo over the last 50 years in the Middle East.
O'BRIEN: Well, it's nice to hear you sounding positive for a change.
Retired Brigadier General David Grange joining us.
Nice to see you, as always, General.
Thanks.
GRANGE: Thank you.
O'BRIEN: Bill.
HEMMER: In a moment here, the comedian Bill Maher finding himself at the center of yet another controversy. We'll explain that when AMERICAN MORNING returns.
First, though, one of the most popular stories on our Web site now, at cnn.com. The elusive snow leopard now spotted for the first time in 40 years. A scientist photographed a snow leopard in the Mount Everest region, the Himalayas. Surprisingly, it was last year, though. It wasn't until recently that the photographer realized the significance of being the first to get a picture in about two generations.
We're back in a moment here on AMERICAN MORNING.
(COMMERCIAL BREAK)
HEMMER: Alrighty.
Here's Jack, Question of the Day again.
CAFFERTY: Thank you, Bill.
The Supreme Court of the United States ruled Monday convicted murderers may not be shackled and chained in court during the sentencing phase of their trials. The court said visible restraints could adversely affect the jury's perception of the defendant, the same defendant the jury has already convicted of murder.
The two dissenting justices pointed to the "dire security situation" faced by this nation's courts.
The question is this, should convicted murderers be shackled when appearing in court for sentencing?
John in Oklahoma writes: "Isn't it interesting the Supreme Court justices do not face defendants in court? Only lawyers are present to argue and security at the court is incredible. I'll bet the vote would have been far different if the justices had to face the steady stream of murderers, robbers and gang bangers who parade into normal courtrooms every day."
Susanne in Massachusetts: "The use of visible restraints on a convicted defendant certainly prejudices his or her sentencing hearing. Visible restraints make the defendant appear wild and dangerous. That's right. They've been convicted of murder, and increase his or her chances of receiving an unreliable and unjust sentence."
Appear wild and dangerous. They've been convicted of murder.
Ben writes: "The Supreme Court's decision is ludicrous. The person has already been convicted by the same jury. They know he's a dangerous criminal. Why pretend he's not, risking the lives of everyone in the courtroom and society as a whole if he escapes?"
And Jim in New York writes: "Of course they should be shackled. Some humiliation. Tarring and feathering would be a good idea, too. Oh, wait, you're talking about convicted murderers. I was referring to the Supreme Court justices." HEMMER: Oh my god, there he goes.
In the Brian Nichols case, right, he got that gun off of a -- it was a female deputy, right, who was escorting him down the hall.
O'BRIEN: Right.
HEMMER: Because they had a policy where he was able to change into street clothes before he went into the courtroom. And that's where he got the gun and took in there. And they have guns in those courtrooms in Atlanta, Georgia now.
CAFFERTY: That's a very bright group down there.
O'BRIEN: Thanks, Jack.
HEMMER: Hey, Jack.
O'BRIEN: Well, Bill Maher has always been known for his provocative opinions. This time he has provoked, though, an Alabama congressman. Representative Spencer Bachus says he wants Maher's HBO show taken off the air for comments that he made earlier this month saying that the military has already picked all the "low flying Lynndie England fruit. Now we need some warm bodies."
Well, Bachus says Maher's comments border on treason. He's demanding that the comedian's show be pulled immediately.
Maher has responded by saying he has "the highest regard for the men and women who are serving this country."
HEMMER: In a moment, Senator Ted Kennedy is our guest. He'll join us live to talk about last night's late night filibuster deal. What does he think it now means for future nominees? And is this issue only going to come back to the Senate again in time?
Back in a moment here on AMERICAN MORNING after this.
(COMMERCIAL BREAK)
O'BRIEN: Still to come this morning, an update on a controversy that we reported on Monday, Medicaid covering Viagra for convicted sex offenders. The government's solution to the problem is ahead on AMERICAN MORNING.
(COMMERCIAL BREAK)
HEMMER: Good morning, everybody.
If you're just waking up this morning, good to have you along with us today.
It is about half past the hour here.
And now that the Senate has reached a deal, late last night, on this filibuster compromise, the question in D.C. again today is whether or not it's all over.
O'BRIEN: Also, another question, what does it mean for judicial nominees? We'll get the answers to those questions ahead in just a moment.
HEMMER: We certainly will.
First, the headlines.
And back to Carol Costello for those -- hello.
COSTELLO: Hello.
Good morning, everyone.
Now in the news, another deadly morning in Baghdad. At least four American soldiers have been killed, three of them in a car bomb attack in the Iraqi capital. A fourth soldier was killed in a drive- by shooting. Both incidents being investigated.
Army Reservist Lynndie England is back in military court today for her role in the Abu Ghraib prison abuse scandal. The Army has re- filed the same seven counts to which England pleaded guilty earlier this month. A military judge had declared a mistrial and threw out her plea deal. If convicted now, England could face up to 11 years in prison.
An apology to the family of former pro-football player Pat Tillman. Tillman was killed by friendly fire in Afghanistan more than a year ago, but the Army initially said it was a heroic death from enemy fire. Well, now the military is apologizing for that report, but maintains it did everything it could to keep the family informed of what really happened that day.
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Aired May 24, 2005 - 08:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
SOLEDAD O'BRIEN, CNN ANCHOR: A controversial judge will get her Senate vote as soon as today after a historic compromise on filibuster rules. This morning, Senators John McCain and Ted Kennedy tell us what each side gets out of this last minute deal.
Another small plane violates Washington's airspace. Now rules for a shoot down may be changing.
And another major drug under fire after researchers find dangerous side effects. At look at the risks of Crestor on this AMERICAN MORNING.
ANNOUNCER: From the CNN broadcast center in New York, this is AMERICAN MORNING with Soledad O'Brien and Bill Hemmer.
BILL HEMMER, CNN ANCHOR: Good morning, everybody.
Eight o'clock here in New York City, a rainy New York City, with us today.
O'BRIEN: Again.
HEMMER: That's happening. It's going to happen again and again and again and again.
O'BRIEN: Do I sound bitter?
HEMMER: Yes.
O'BRIEN: A little.
HEMMER: Hot tub.
O'BRIEN: Yes, not the pool, the hot tub this weekend, we've decided.
HEMMER: Not the pool, that's right.
Good to have you along with us today.
In a moment here, the government is rushing to address the subject we talked about on Monday. This is the whole idea about sex offenders getting Medicaid reimbursements for Viagra.
O'BRIEN: This morning we talk with a former parole officer who worked with sex offenders. He says he knows their minds and there are some very real dangers in this.
HEMMER: All right, we'll get to that.
Also, to Jack Cafferty -- good morning, my friend.
JACK CAFFERTY, CNN CORRESPONDENT: Good morning, Bill.
The "Cafferty File" goes global this morning. No more happy hours in England, where you can get drunk for half the price and make a fool of yourself earlier.
A pair of confused storks in Germany having difficulty serving up their super delivery.
And scientists in Japan have made it so that parents may soon be able to translate their babies' babble.
O'BRIEN: Oh, that would be nice.
CAFFERTY: If you listen to it carefully, it sounds a lot like the musing of television executives.
HEMMER: Uh-oh. Maybe less nice. I thought it might be fun to listen in on that.
CAFFERTY: Well, you'll be able to because you're here and I'm here and we're doing this together.
O'BRIEN: If I stay here and you stay there.
CAFFERTY: It'll work out.
O'BRIEN: We'll get to it eventually.
CAFFERTY: It'll work out for you.
O'BRIEN: Thanks, Jack.
Let's get headlines first, though, with Carol Costello -- good morning, again.
CAROL COSTELLO, CNN ANCHOR: Hello.
Good morning.
Good morning to all of you.
Now in the news, American troops coming under fire in Iraq this morning. At least three U.S. soldiers have been killed in a car bombing. Troops were on patrol in Baghdad. These are pictures we just got a few moments ago. In a separate incident, another U.S. soldier was killed in a drive-by shooting. Both incidents being investigated.
The House is expected to vote today on a pair of bills on federal funding for stem cell research. One of the measures is backed by the White House. The other faces a presidential veto. President Bush is set to make a statement on stem cells and bioethics this afternoon in the Rose Garden. That will come your way at 2:10 p.m. Eastern. We're going to carry it live.
The 8-year-old girl left to die in a trash bin near West Palm Beach, Florida says she knew someone would find her. Crews say the first thing the girl asked for was a pastor so she could thank god for saving her life. The girl's suspected attacker made an initial court appearance on Monday. He's charged with attempted murder and sexual assault. A grand jury will get the case on Thursday.
And First Lady Laura Bush is now heading home after wrapping up her Mideast tour. The first lady visited a girl's school in Alexandria, Egypt. During the stop, Mrs. Bush speaking on two of the main themes of her trip, education and gender equality.
So her trip, Bill, will end peacefully.
HEMMER: It turned out to be quite a trip, too.
Thank you, Carol.
Today, the U.S. Senate could move forward with a vote on judicial nominee Priscilla Owen. Late last night, a bipartisan group of senators reached a deal to avoid a showdown. Seven Democrats joined seven Republicans and Democrats agreed not to block votes on judicial nominations unless there are these so-called extraordinary circumstances. That clause is still in the wording. And Republicans agreed not to ban the filibuster.
Senator John McCain is my guest now from Capitol Hill.
Senator, good morning to you.
SEN. JOHN MCCAIN (R), ARIZONA: Good morning, Bill.
HEMMER: You say this compromise averted a crisis in the U.S. Senate.
How close did you come, in the end, to that crisis?
MCCAIN: Well, I think within hours, if not minutes, because we knew that was our last negotiating session. I'd like to tell you it was all carefully planned out to end up that way, but when we walked into that meeting, we were by no means sure that we would get an agreement.
HEMMER: So even you were shocked by this agreement, then?
MCCAIN: No, I wasn't shocked because I knew we were very, very close. But sometimes that last comma or crossing the T or word or words can make a difference. But people came in with an attitude that we wanted to get an agreement.
HEMMER: You know in Washington a lot of people are quick to claim credit. The Democratic leader, Harry Reid, said this last night.
Listen here.
(BEGIN VIDEO CLIP)
SEN. HARRY REID (D-NV), MINORITY LEADER: We have sent President George Bush, Vice President Dick Cheney and the radical arm of the Republican base an undeniable message -- abuse of power will not be tolerated, not be tolerated by Democrats or Republicans.
(END VIDEO CLIP)
HEMMER: The radical arm? Abuse of power? How do you react to his characterization?
MCCAIN: In all due respect to my friend, Senator Reid, he was not in the room and that was not the attitude that Democrats and Republicans in that room had. We were trying to pull the Senate back from going over a precipice. We wanted to preserve the rights of the minority. We believe that the Democrats had abused the filibuster, which they had in the past couple of years, and we wanted to stop that from happening again. And it was a bipartisan effort.
Look, what you're seeing is extreme right, extreme left, Senator Reid, and others, who are trying to spin it to some political advantage when the fact is our interest was the country's advantage.
HEMMER: Some conservative leaders are saying this deal amounts to a sellout.
MCCAIN: So are some very liberal leaders, as well.
HEMMER: How would you respond to that?
MCCAIN: Some very liberal leaders are denouncing it as the same thing. We expected to be denounced severely by both extremes. They've spent a lot of time and a lot of money and a lot of effort trying to continue this polarization. And we just simply reject that. That's not in the tradition of the Senate and I believe now we can move forward with the issues that are important to the American people, like the economy, like the war on terror, like a highway bill, like a number of other things. And I think we'll do it now.
HEMMER: Yes. There is one other outstanding issue on this, though, this extraordinary circumstances clause that could come back again, I don't know, maybe in weeks, maybe in months. Ultimately is that where this debate is headed again?
MCCAIN: No, because I think that we're talking about 14 people now, not 100. It's up to us, the 14, to decide what's 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 am confident that at least the seven Democrats we were dealing with would not use the judicial filibuster, except in the most extreme circumstances. I'm confident that this agreement will hold.
HEMMER: Thank you, Senator.
MCCAIN: Thank you, Bill.
HEMMER: And the Senate goes back to business again today.
John McCain from Washington.
A bit later this hour, in fact, at the half hour, 25 minutes away, Massachusetts Senator Ted Kennedy is our guest here. His perspective on the deal that was struck late last night in the U.S. Senate -- Soledad.
O'BRIEN: In our CNN "Security Watch" now, homeland security considering its authority to shoot down planes after another violation of restricted airspace on Monday evening. Air Force fighter jets were scrambled to intercept a lost Cessna flying too close to the Capitol. An evacuation of the building was ordered and then rescinded just a minute later.
The plane eventually landed in Maryland. Law enforcement officials were interviewing the pilot last night. The incident is the second of its kind in less than two weeks.
Joining us this morning from Washington, D.C., CNN security analyst Clark Kent Ervin -- nice to see you again, Clark.
Thanks for talking with us.
CLARK KENT ERVIN, CNN SECURITY ANALYST: My pleasure.
O'BRIEN: Two incidents in two weeks.
Does this tell you that the efforts to secure the airspace over the Capitol, working or really not working?
ERVIN: Well, no, actually, I think this is a good news story. It shows that the United States government is on hair trigger alert for this kind of incident. And I think it should give the terrorists pause to know the we are as vigilant and as prepared as we apparently are.
O'BRIEN: There is an internal memo, as you know, from the Associated Press, obtained by the Associated Press, that the Department of Homeland Security might be seeking authority for its pilots to shoot down planes that get into restricted airspace.
Do you think that would be, if it's true, a good move?
ERVIN: Yes. Right now the Customs and Border Protection Bureau of the Department has part of the necessary authority. It has the authority, and it does this routinely, to intercept planes that fly into restricted airspace. But if push comes to shove and the airplane needs to be disabled or shot down, the Pentagon only can do that. The Customs Bureau cannot.
There is, however, a part of the Department of Homeland Security, the Coast Guard, that has authority both to intercept a plane and to shoot it down, if necessary. And if the Department of Homeland Security is to play any role in this process, and it seems to me that it should, it should play the whole role. It should have the authority to do everything that needs to be done under the circumstances.
O'BRIEN: Give me a sense, then, of how that would actually work.
ERVIN: Well, if the warning shots, the flares, the communications systems, all of that failed, then the Coast Guard would have the ability to actually disable the plane or to actually shoot it down without having to get the approval from the Pentagon to do so, without having to rely upon the Pentagon to do so.
The only concern about this is that there would need to be real rules of engagement worked out so that it would be clear in a particular incident whether the Pentagon would do it or whether the Coast Guard would do it.
O'BRIEN: Yes, I was going to ask you that, because, of course, with a couple of different groups having the authority to shoot a small plane out of the sky, it almost seems like a recipe, frankly, for a potential disaster.
ERVIN: Well, that's exactly right. But as I say, if the Department of Homeland Security is to play any role, it should have the authority to play the entire role. But that said, there should be clear rules of engagement -- in this particular instance, it's the Pentagon that takes the lead; in this instance it's the Coast Guard that takes the lead. Indeed, the best thing to do might be to let the Department of Homeland Security take the entire role and have the Pentagon play no role whatsoever.
O'BRIEN: How likely do you think that's going to be?
ERVIN: Well, I think that would be very difficult. Needless to say, the Pentagon is a very, very major player in this process and it would be very difficult, indeed.
The narrow issue here, though, again, is whether the Department of Homeland Security should have the entire authority in this regard, as opposed to only partial authority, which is what it has right now.
O'BRIEN: That pilot that got into the restricted airspace two weeks ago, his name is Jim Scheaffer. His pilot's license, as you probably know, was taken away yesterday. This is the guy who caused a mass evacuation and a lot of panic in the nation's capital.
What do you think of that punishment?
ERVIN: Well, I'm very pleased to see that very stiff punishment like that was meted out. In this particular instance, they tried to communicate with the pilot. Even after there was a verbal warning, the pilot still ignored that. It was only after the flares were fired that the pilot actually reacted.
So, that was actually inexcusable. Every pilot should know about this restricted airspace and after every effort is made to warn him or her to get out of this restricted airspace, then very tough measures need to be taken when that warning is ignored.
O'BRIEN: Some people felt they didn't go far enough.
What do you think?
ERVIN: Well, I think it's gone pretty far. Taking the license away -- he can appeal that and he can apply again within a year. But I think it's very unlikely that he would get the license renewed.
O'BRIEN: We'll see about that.
Clark Kent Ervin joining us this morning.
Nice to see you, as always.
Thanks.
ERVIN: You, too.
O'BRIEN: Thanks.
You want to stay with CNN day and night for the most reliable news about your security.
HEMMER: The most reliable news about your weather, too.
We want to check in with Chad Myers -- you're talking about opening the pool this weekend, right?
CHAD MYERS, CNN METEOROLOGIST: Yes.
HEMMER: Soledad and I are thinking this is the weekend for the hot tub.
O'BRIEN: Right.
MYERS: I'm afraid so.
HEMMER: That's about what we're going to need.
MYERS: I mean I lived in Buffalo when I was a kid. We always opened it on Memorial Day and we always closed it on Labor Day.
HEMMER: Right.
MYERS: But I can't even imagine getting out there today. Buffalo right now, you're 44. Get up to Caribou, Maine, it's 42. The water temperature can't be much higher than that either. Temperatures are going to be cool today and they're not going to change for tomorrow, either.
(WEATHER REPORT)
MYERS: It does, the pattern finally does change late next week, but no real relief for this weekend. I know a lot of plans outside. It's inside for Memorial Day.
HEMMER: You know, I'll tell you, in the meantime, in the southwestern part of the U.S., you've got an outright scorcher going on out there for days now.
O'BRIEN: They're cooking.
MYERS: Yes, absolutely.
O'BRIEN: You know what you could do here in the Northeast? You could open your pool at Labor Day and then close it the following Memorial Day...
HEMMER: There's an idea.
O'BRIEN: ... at the rate we're going, Chad.
MYERS: Yes, well, you know...
O'BRIEN: That's just a suggestion, but, you know...
MYERS: ... that one week of summer they get in Canada sometimes.
O'BRIEN: I live in the city. We don't have a pool.
Thanks, Chad.
MYERS: You're welcome.
O'BRIEN: Still to come this morning, Senator Ted Kennedy joins us live on the last minute filibuster deal and what it means for future judicial nominations.
HEMMER: Also, a follow-up and an update on this controversy over sex offenders getting Viagra on the taxpayers' dime. The government offering a solution this morning. We'll get to that.
O'BRIEN: And another deadly wave of violence across Iraq. Is the U.S. making any progress against the insurgency? A look at that is up next on AMERICAN MORNING.
(COMMERCIAL BREAK)
O'BRIEN: Violence to talk about. In Iraq today, four U.S. soldiers were killed in separate incidents in central Baghdad. Three soldiers killed by a car bomb and another soldier died in a drive-by shooting. Also, a car bomb exploded near a girls' school in eastern Baghdad. Officials say the bomb targeted an Iraqi police convoy. Two civilians were killed, eight others wounded.
This morning's violence follows a deadly wave of bombings which struck six cities and towns on Monday. Insurgents targeted Shiite civilians at lunch, at worship and at home, killing at least 38 people and wounding more than 100.
It's been a particularly deadly stretch of violence since Iraq's new cabinet was named in April.
Retired Brigadier General David Grange joins us with some analysis this morning -- nice to see you, General.
Thanks for talking with us.
We've been talking about the violence for a long time now and yet when you talk to military spokespeople, they will say it's a sign of desperation.
Why is it not a sign of success of the insurgency?
BRIG. GEN. DAVID GRANGE, U.S. ARMY (RETIRED), CNN MILITARY ANALYST: Well, because I believe myself it's temporary. It's -- this is kind of a -- the only option the insurgents have. With the success of the elections, with the showing of American resolve by not leaving early from this operation, they have to turn on dividing up the different types of people in Iraq to attack the government. That's the only thing they can do. And now you're going to see a surge of that for some time, until that is destroyed.
O'BRIEN: And, in fact, much of the violence is targeting Shiites.
Do you think Iraq is close to a civil war?
GRANGE: I don't think it's close to one, but it could happen. And I believe that every effort is being made to keep that from happening. You know, if you recall, about a half year ago, Zarqawi wrote a letter to bin Laden saying look, the Americans aren't going to leave. This election is going to happen. The only thing we can do now -- and he's speaking as a Sunni -- is to attack the Shia. They're worst enemies than the Americans.
And that's what you see going on right now. So attacks on Shia by Sunnis. And then you see trying to break up any governmental infrastructure that's in place, to try to prove to the people that it cannot be successful. That's their strategy.
O'BRIEN: The attacks seem to have intensified since a cabinet was named, and yet the troops on the ground are reporting progress.
Specifically, what kind of progress?
GRANGE: Progress in actually taking down enemy cells, cell structures of insurgent groups; of stopping insurgent fighters that are coming in, foreign fighters, into Iraq; breaking down safe houses, cache sites with car bomb making facilities; things like that. You don't hear about a lot of that, but from the e-mail traffic and information that's flowing, there's quite a lot of behind-the-scenes success going on that personally gives me a positive feel on that, this thing will be successful. O'BRIEN: When you hear about all the insurgents who are being arrested following operations like Operation Matador, how long before success there translates into fewer car bombings and suicide bombings?
GRANGE: Well, it's really tough to stop suicide bombers. I mean they cannot be deterred. You have to kill them. And look at -- look what Israel has been going through for decades on suicide bombings. It's the weapon of choice. Car bombs are a weapon of choice, tough to stop, especially in an urban environment. What kind of stand-off do you have? People that don't care about giving up their own lives and don't care about killing civilians are tough to stop.
O'BRIEN: When "Newsweek" retracts its article on the Koran desecration or newspapers publish pictures of Saddam Hussein in his underwear, do you think that demoralizes or does it energize the insurgency?
GRANGE: Well, that, you know, the harm has been done. That's caused a lot of problems. People have died from it. It's really a shame, you know. I mean the value is -- of a correspondent is to report the facts. And sometimes mistakes are made. But a lot of damage occurred because of that.
O'BRIEN: What kind of an impact do you think the violence, all of the violence, is going to have on the efforts to create the new constitution?
GRANGE: You know, what amazes me, I guess if you look back in history, it shouldn't amaze me, but that the people have the resolve to make this thing happen. I think it's down the road far enough that people really want this. The Iraqi people, I do not believe, want to back to the way it was. They want change. And there's a lot of desperation going on, because this change is going to affect the entire Middle East. And I really believe that. It's going to turn everything around.
And that's why some of the bordering countries are very nervous, you know, why you see foreign fighters coming in from bordering countries to try to stop this, because the change is very powerful and it's going to change the status quo over the last 50 years in the Middle East.
O'BRIEN: Well, it's nice to hear you sounding positive for a change.
Retired Brigadier General David Grange joining us.
Nice to see you, as always, General.
Thanks.
GRANGE: Thank you.
O'BRIEN: Bill.
HEMMER: In a moment here, the comedian Bill Maher finding himself at the center of yet another controversy. We'll explain that when AMERICAN MORNING returns.
First, though, one of the most popular stories on our Web site now, at cnn.com. The elusive snow leopard now spotted for the first time in 40 years. A scientist photographed a snow leopard in the Mount Everest region, the Himalayas. Surprisingly, it was last year, though. It wasn't until recently that the photographer realized the significance of being the first to get a picture in about two generations.
We're back in a moment here on AMERICAN MORNING.
(COMMERCIAL BREAK)
HEMMER: Alrighty.
Here's Jack, Question of the Day again.
CAFFERTY: Thank you, Bill.
The Supreme Court of the United States ruled Monday convicted murderers may not be shackled and chained in court during the sentencing phase of their trials. The court said visible restraints could adversely affect the jury's perception of the defendant, the same defendant the jury has already convicted of murder.
The two dissenting justices pointed to the "dire security situation" faced by this nation's courts.
The question is this, should convicted murderers be shackled when appearing in court for sentencing?
John in Oklahoma writes: "Isn't it interesting the Supreme Court justices do not face defendants in court? Only lawyers are present to argue and security at the court is incredible. I'll bet the vote would have been far different if the justices had to face the steady stream of murderers, robbers and gang bangers who parade into normal courtrooms every day."
Susanne in Massachusetts: "The use of visible restraints on a convicted defendant certainly prejudices his or her sentencing hearing. Visible restraints make the defendant appear wild and dangerous. That's right. They've been convicted of murder, and increase his or her chances of receiving an unreliable and unjust sentence."
Appear wild and dangerous. They've been convicted of murder.
Ben writes: "The Supreme Court's decision is ludicrous. The person has already been convicted by the same jury. They know he's a dangerous criminal. Why pretend he's not, risking the lives of everyone in the courtroom and society as a whole if he escapes?"
And Jim in New York writes: "Of course they should be shackled. Some humiliation. Tarring and feathering would be a good idea, too. Oh, wait, you're talking about convicted murderers. I was referring to the Supreme Court justices." HEMMER: Oh my god, there he goes.
In the Brian Nichols case, right, he got that gun off of a -- it was a female deputy, right, who was escorting him down the hall.
O'BRIEN: Right.
HEMMER: Because they had a policy where he was able to change into street clothes before he went into the courtroom. And that's where he got the gun and took in there. And they have guns in those courtrooms in Atlanta, Georgia now.
CAFFERTY: That's a very bright group down there.
O'BRIEN: Thanks, Jack.
HEMMER: Hey, Jack.
O'BRIEN: Well, Bill Maher has always been known for his provocative opinions. This time he has provoked, though, an Alabama congressman. Representative Spencer Bachus says he wants Maher's HBO show taken off the air for comments that he made earlier this month saying that the military has already picked all the "low flying Lynndie England fruit. Now we need some warm bodies."
Well, Bachus says Maher's comments border on treason. He's demanding that the comedian's show be pulled immediately.
Maher has responded by saying he has "the highest regard for the men and women who are serving this country."
HEMMER: In a moment, Senator Ted Kennedy is our guest. He'll join us live to talk about last night's late night filibuster deal. What does he think it now means for future nominees? And is this issue only going to come back to the Senate again in time?
Back in a moment here on AMERICAN MORNING after this.
(COMMERCIAL BREAK)
O'BRIEN: Still to come this morning, an update on a controversy that we reported on Monday, Medicaid covering Viagra for convicted sex offenders. The government's solution to the problem is ahead on AMERICAN MORNING.
(COMMERCIAL BREAK)
HEMMER: Good morning, everybody.
If you're just waking up this morning, good to have you along with us today.
It is about half past the hour here.
And now that the Senate has reached a deal, late last night, on this filibuster compromise, the question in D.C. again today is whether or not it's all over.
O'BRIEN: Also, another question, what does it mean for judicial nominees? We'll get the answers to those questions ahead in just a moment.
HEMMER: We certainly will.
First, the headlines.
And back to Carol Costello for those -- hello.
COSTELLO: Hello.
Good morning, everyone.
Now in the news, another deadly morning in Baghdad. At least four American soldiers have been killed, three of them in a car bomb attack in the Iraqi capital. A fourth soldier was killed in a drive- by shooting. Both incidents being investigated.
Army Reservist Lynndie England is back in military court today for her role in the Abu Ghraib prison abuse scandal. The Army has re- filed the same seven counts to which England pleaded guilty earlier this month. A military judge had declared a mistrial and threw out her plea deal. If convicted now, England could face up to 11 years in prison.
An apology to the family of former pro-football player Pat Tillman. Tillman was killed by friendly fire in Afghanistan more than a year ago, but the Army initially said it was a heroic death from enemy fire. Well, now the military is apologizing for that report, but maintains it did everything it could to keep the family informed of what really happened that day.
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