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American Morning

Al Qaeda's WMDs?; Military Apology; Controversial Judge

Aired May 24, 2005 - 07:30   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: Good morning. Welcome back, everybody. It's just about half past the hour on this AMERICAN MORNING.
Coming up, new evidence that al Qaeda may have tried to obtain anthrax.

BILL HEMMER, CNN ANCHOR: We're going to find out in a moment here how close the group came then. That was five years ago. We'll find out what's happening now, too, based on some of these letters put out by the government.

First, the headlines. Back to Carol Costello, as we say good morning to Carol. How are you doing?

CAROL COSTELLO, CNN ANCHOR: Good morning. I'm doing fine. Good morning to all of you.

"Now in the News."

The Senate could vote as early as today on the first of President Bush's judicial picks; this, after a last-minute compromise was reached. Lawmakers agreed not to block a vote on future judicial nominations unless there are extraordinary circumstances. The moves means the nomination of Priscilla Owen and two other nominees will go forward. Two others will remain subject to filibuster.

Authorities in Idaho are still searching for two missing children, but have now cancelled the Amber Alert. A $100,000 reward has been posted for any information leading to the safe return of 8- year-old Shasta Groene and her 9-year-old brother, Dylan. Their mother and brother were found dead last Monday. Authorities say they have no suspects in the killings or the presumed abductions.

The U.S. Supreme Court is taking on its first abortion case in five years. The high court has accepted a case involving a New Hampshire law requiring parents or guardians to be notified if a girl under 18 wants to get an abortion. The case is expected to go before the court in October.

And the side effects from the cholesterol-lowering drug Crestor may be higher than previously thought. Despite government assurances that Crestor is safe, a new study shows it causes more kidney and muscle problems than its rivals. But Crestor's maker says no way. Medical correspondent Elizabeth Cohen will join us in the next hour with more details and tell us who is right and who is wrong.

HEMMER: Yes, wait until then, right?

COSTELLO: Yes.

HEMMER: Thanks, Carol.

A "CNN Security Watch" for you this morning now, details about al Qaeda's efforts to acquire and then develop a chemical weapons program in Afghanistan. The U.S. government on Monday releasing two different letters that describe the terror group's attempts to get weapons-grade toxins like anthrax and ricin.

Our terrorism analyst is Peter Bergen with me from Washington.

Peter -- good morning there.

PETER BERGEN, CNN TERRORISM ANALYST: Good morning, Bill.

HEMMER: Based on the letters, how close did they get at succeeding at that goal?

BERGEN: Well, I think the letters indicate that they were smart enough to know what they didn't know. And, you know, they started meeting with scientists who could really tell them what they needed. The letters indicate that they were going to laboratories, fairly sophisticated laboratories. It's not clear in which country.

But the letters also indicate that they couldn't get a pathogenic strain of anthrax, the kind of anthrax that we saw in the attacks in Washington and New York and in Florida in the fall of 2001.

So, it's sort of good news and bad news. The good news is they never really acquired, it seems from these letters, the strain of anthrax that can kill lots of people. On the other hand, it indicates that they had sufficient scientific knowledge and also sufficient contacts, that they were going to the right kind of laboratories, where these pathogens might be available.

HEMMER: So, you're saying, based on the letters, there was intent here, but it would take a good deal more in order to acquire and obtain and then deliver ultimately, right?

BERGEN: Yes. I mean, there are some strains of anthrax that will be just used in a vaccine. You know, anthrax occurs naturally in certain kinds of animals. They had access to this kind of low-grade anthrax but not to the pathogenic anthrax.

So, it certainly shows strong intent. And it shows a certain sophistication, because they were aware that there were different kinds of anthrax that they would need. But at least as far as these letters are concerned, it doesn't seem that they have weapons-grade anthrax.

HEMMER: The ultimate question, I think, Peter, is a lot of this information goes back five years. What do we know about their capability since then to acquire, to obtain their pursuit of it? BERGEN: Well, certainly they have a very strong desire to just, you know, any kind of weapon of mass destruction. We've seen allegations of a potential radiological bomb attack in the United States. A Hispanic-American called Jose Padilla has been in prison on that charge. We also have seen in Europe a number of examples of people developing low-grade chemical weapons or interest in biological weapons.

How far have they got overall? I think most of these, it's very amateur. It's not like they have a real program. One of the best things about the war in Afghanistan is it disrupted their weapons of mass destruction program, which was relatively sophisticated. Now, people are all dispersed. You know, they may be, you know, researching stuff on the Internet. But I don't think that they've got much further than they were in Afghanistan.

HEMMER: Peter Bergen from D.C. Thank you, Peter. Good to speak to you, as always.

BERGEN: Thank you.

HEMMER: Stay with CNN day and night for the most reliable news about your security on this and many more topics throughout the day here.

Here is Soledad across the room now.

O'BRIEN: Bill, thanks.

The Army is now apologizing to the family of Pat Tillman. The former pro football player was killed in action in Afghanistan a year ago. Since then, his parents have pressed the Pentagon to reveal the full story behind his death.

Jamie McIntyre has our report.

(BEGIN VIDEOTAPE)

JAMIE MCINTYRE, CNN SR. PENTAGON CORRESPONDENT (voice-over): By the time of his memorial service May 3, 2004, the Army already knew the sad truth. Corporal Pat Tillman, the former NFL player who gave up a multimillion-dollar football deal to serve his country as an Army Ranger, died from friendly fire 11 days earlier.

The Army had rushed to approve his posthumous Silver Star, and the accompanying citation sang his praises. Tillman died, it said, engaging a well-armed enemy, while displaying audacious leadership and issuing commands to take the fight to the enemy.

His parents now charge it was all a sham and a cover-up.

Tillman's father, Patrick Sr., told "The Washington Post": "They realized that their recruiting efforts were going to hell in a hand basket if the truth about his death got out. They blew up their poster boy." An Army investigation that has not yet been released found that there was no official reluctance to report the truth. But an Army official confirms to CNN the report also concluded the failure to acknowledge Tillman was killed by friendly fire created an atmosphere of suspicion on the part of the family.

And in a statement, the Army told CNN: "The Army made mistakes in reporting the circumstances of his death to the family. For these, we apologize. We cannot undo those early mistakes. In the 393 days since his death, the Army actively and directly informed the Tillman family, keeping them apprised of the results of three separate investigations, to answer questions with candor and completeness."

(on camera): Among the mistakes, an Army official concedes, was keeping Tillman's own brother in the dark for over a month, even though he's also an Army Ranger in the same unit and was there at the time. But the Army insists that Tillman deserved his Silver Star, which can only be awarded for gallantry against an enemy force. The Army argues that Tillman's courage under fire came well before the tragic accident that claimed his life.

Jamie McIntyre, CNN, the Pentagon.

(END VIDEOTAPE)

O'BRIEN: Pat Tillman's father tells the "San Jose Mercury News" that he believes he will never hear the truth about his son's death. He wants everyone in the chain of command to face discipline -- Bill.

HEMMER: It's about 23 minutes now before the hour. Another check of the weather.

(WEATHER REPORT)

O'BRIEN: Well, if your favorite drink is Coke, you might want to stock up. Andy tells us why supplies could soon run low. He's "Minding Your Business" ahead.

HEMMER: Also, who some consider the most controversial judge at the center of all of this Senate filibuster showdown material in D.C., a showdown of the woman who could be approved as soon as today. That's next here on AMERICAN MORNING right after a break.

(COMMERCIAL BREAK)

O'BRIEN: After that late-night Senate agreement on filibustering judges, Judge Priscilla Owen could be approved for the federal bench as soon as today.

John King now on Judge Owen, why she's at the center of this battle between Republicans and Democrats.

(BEGIN VIDEOTAPE)

JOHN KING, CNN SENIOR WHITE HOUSE CORRESPONDENT (voice-over): Priscilla Owen is an evangelical Christian, a Sunday school teacher and a Texan, which of all the fights over the president's judicial nominees makes this one personal. To supporters a soft-spoken, meticulous jurist, who knows her job is to interpret the law, not write it.

GREG ABBOT, TEXAS ATTORNEY GENERAL: She is a person who believes in what is called strict construction. She will not legislate from the bench.

KING: To critics a conservative ideologue, bent on using judicial powers to erode abortion rights and to protect big business at any cost.

CRAIG MCDONALD, TEXANS FOR PUBLIC JUSTICE: Owen is unique. We term her as serial activist.

KING: Priscilla Owen was born in a small farm and fishing village. From the beginning an animal lover. Her father died when she was just 10 months old. Faith was a constant as was determination. Treasurer of the Richland High School Class of '72, then Baylor, and Baylor law. The highest score on the state bar exam in 1977 sent her into private practice with a focus on energy.

Then came 1994. Texas elects its judges, and Owen was an overwhelming underdog when she agreed to run for the state supreme court. Her political consultant had another underdog on the Texas ballot that year. Karl Rove was as much a winner come November as Priscilla Owen and George W. Bush.

Eleven years later, Rove is the deputy White House chief of staff, a key Owen backer. And such a larger-than-life presence in both Washington in Austin that Owen backers feel compelled to play down his role.

ABBOTT: Karl Rove isn't the one who scored the highest score on the state bar exam. Karl Rove is not the person who did all the great things that Priscilla Owen did, either as a lawyer or as a justice. He didn't write her opinions for her.

KING: Owen is active in this evangelical Church, and advocates of abortion rights see religion, not an even-handed jurist. In opinions that a minor seeking an abortion must demonstrate "she understands some women have experienced severe remorse and regret," and demonstrate she "has considered that there are philosophic, social, moral and religious arguments that can be brought to bear when considering an abortion."

UNIDENTIFIED FEMALE: The truth, the whole truth, and nothing but the truth...

KING: Back in 2002, Owen told the Senate Judiciary Committee her language had nothing to do with her faith.

JUDGE PRISCILLA OWEN, TEXAS SUPEME COURT: It's straight out of a majority opinion from the U.S. Supreme Court.

KING: Another abortion case put her at odds with Alberto Gonzales, then an Owen colleague on the Texas high court, now the Bush administration attorney general.

ALBERTO GONZALES, ATTORNEY GENERAL: I have never accused her of being an activist judge.

KING: But five years ago, Gonzales said Owen and two others on the court wanted to go beyond the state legislature and create hurdles for minors seeking to bypass parental notification, something Gonzales characterized as unconscionable judicial activism. Again, Justice Owen told the Senate her position was consistent with U.S. Supreme Court rulings, and that personal views never affect her legal judgments.

OWEN: My position is that Roe v. Wade has been the law of the land for many, many years now.

KING: Those who paint Owen as zealously pro-business cite rulings favoring Enron and other energy interests, and the heartbreaking case of Willy Searcy, paralyzed and on a ventilator at 14 after a 1993 car accident. The family won a more than $30 million verdict against Ford, but Owen sided with Ford on appeal, ordering a new trial because the suit had been filed in the wrong county.

What stung family attorney Jack Ayres even more than Owen's ruling was that it took her 16 months to write it.

JACK AYRES, SEARCY FAMILY ATTORNEY: I felt that my client and I had been ambushed. My view is that, in this instance, what happened was the court decided that they were going to reverse the case, and they had to find a way to do it.

KING: And Ayres was stunned by this: Even as they ordered a new trial, the justices separately issued this awkwardly-worded paragraph in which they conceded they should have put the case on a fast track.

AYRES: I have never seen anything like this. I'll be in my 35th year soon of practicing law in Texas.

KING: Owen noted in Senate testimony that Willy did not die until three years after her ruling. But also said she was not proud of how long it took to decide the case. The chief justice at the time says Owen and the entire court should have done a better job.

TOM PHILLIPS, FORMER CHIEF JUSTICE, TEXAS SUPEMRE COURT: She works very hard and is very diligent, and sometimes some work gets behind other work when you are doing everything. The Miles case was not our finest hour.

KING: But Phillips supports Owen and says her record is being distorted.

PHILLIPS: The idea that some of these groups are bringing out -- that she has an agenda, that she is not following the law -- is just -- is absolutely false. She is a rule-of-law judge.

KING: There is no question Justice Owen finds herself in a partisan brawl that goes well beyond any one nomination. But the fact that she was re-nominated after Democrats defeated her a first time and that she shares the president's Texas roots makes this one unique.

John King, CNN, Austin, Texas.

(END VIDEOTAPE)

O'BRIEN: Senate Majority Leader Bill Frist says he's got enough votes to confirm Judge Owen, as well as Janice Rogers Brown and William Pryor -- Bill.

HEMMER: In a moment here, why Coca-Cola may become scarce on store shelves. Andy has that, "Minding Your Business" next here on AMERICAN MORNING.

(COMMERCIAL BREAK)

HEMMER: Welcome back, everyone.

Some stores may be seeing a shortage of Coca-Cola to stock up on. With that and a look at the markets, they were up again. Again yesterday.

ANDY SERWER, "FORTUNE" MAGAZINE: I'm responsible for that.

HEMMER: And here's your guy. What's happening, Andy?

SERWER: Not a lot. Well, a whole lot actually. Let's talk about what's going on with Coca-Cola. Workers at two facilities -- one in California and one in Connecticut -- are on strike; 2,100 workers went out on strike. They're striking Coca-Cola Enterprises. That's a separate company that bottles Coke for Coca-Cola.

L.A. and Hartford, they're striking over health care benefits. And they're saying that they could make Coca-Cola -- there's the rat. The rat shows up. If you don't have the rat, you don't have a strike. They say that they're going to make Coca-Cola scarce over this Memorial Day holiday. If the weather keeps up like this in the Northeast, I'm going to be drinking hot cocoa anyway, because, baby, it is cold outside.

But the company responds, saying that there will not be a shortage of Coca-Cola. There are dozens of plants around the country. And so, it remains to be seen how much leverage these strikers have at this point.

The market up again, Bill, as you indicated, five out of six past days, you can see here. Stocks were boosted yesterday by a report that Apple will use chips by Intel that would make Macs cheaper. And you see here, we're above 10500 for the first time in six weeks. But I'm sorry to say that futures are pointed a little bit lower this morning.

HEMMER: Well, they were lower at this time yesterday, right? Don't lose hope.

SERWER: OK.

HEMMER: You're a guy.

SERWER: It springs eternal.

HEMMER: Remember?

SERWER: Yes, OK, well, thank you.

HEMMER: Thank you, Andy.

SERWER: All right.

O'BRIEN: You're a man, Andy.

SERWER: Yes, I know.

O'BRIEN: A Supreme Court decision is the focus of the "Question of the Day." Good morning.

JACK CAFFERTY, CNN ANCHOR: Thanks, Soledad.

The Supreme Court of the United States ruled on Monday that convicted murderers cannot be shackled and chained in court during the sentencing phase of their trials. The court said that visible restraints could adversely affect the jury's perception of the defendant, which is the same defendant that the jury has already convicted of murder. Hello?

The two dissenting justices pointed to the -- quote -- "dire security situation faced by this nation's courts."

The question this morning is: Should convicted murderers be shackled when appearing in court for sentencing?

Michael in South Carolina: "Of course, they should. They've been convicted. They have nothing to lose by trying to escape. Common sense has to be used."

Nathan in New Jersey: "Most states never get around to actually executing convicted murderers, even after they've been sentenced to death for the most heinous of crimes. Why should you expect them to be shackled for sentencing?"

Jim in Florida writes: "They need only be cuffed if there are guns in the courtroom. No lethal weapons, no lethal problems."

Robert in Florida writes: "Of course, convicted murderers should be shackled at sentencing hearings. They've proven their disregard for the lives of others. They are dangerous. Where have prudence and sensibility gone?"

And Robert in Washington writes: "With all of the technology today, I think the defendant should never even leave the jail cell. Bring the court to him via TV cameras. Make the punishment available to anybody who wants to watch."

O'BRIEN: It's kind of a bizarre ruling when you consider... SERWER: Right.

O'BRIEN: ... that these are the same jurors, as you mentioned, who just -- you know, who pretty much know everything about the defendant you need to know.

SERWER: And so, the shackling would prejudice the jury that...

O'BRIEN: He looked like a bad -- worse guy.

SERWER: Right.

CAFFERTY: It violates their right to due process.

SERWER: Right.

CAFFERTY: That's what the quote said.

SERWER: Well, yes.

O'BRIEN: Very rarely do I want to read a Supreme Court decision further, but I think this might be one you'd want to understand a little bit.

SERWER: Yes, right.

O'BRIEN: It's kind of bizarre. Jack, thanks.

CAFFERTY: Yes.

O'BRIEN: Well, just how close did the Senate come to facing the so-called nuclear option? Senator John McCain helped put the 11th- hour deal together. He joins us next. Stay with us. You're watching AMERICAN MORNING.

(COMMERCIAL BREAK)

HEMMER: Get the latest news every morning in your e-mail by signing up for AMERICAN MORNING quick news at CNN.com/am.

Important information ahead for people who take Crestor to lower their cholesterol. There is new data on side effects and raising questions about its safety. We'll get to that at the top of the hour here on AMERICAN MORNING.

(COMMERCIAL BREAK)

O'BRIEN: 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. A 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.

HEMMER: Good morning, everybody. It's 8:00 here in New York City, a rainy New York City with us today.

O'BRIEN: Again.

HEMMER: It's going to happen again and again and again, yes. A hot tub.

O'BRIEN: Yes, not the pool, but the hot tub (INAUDIBLE).

HEMMER: Good to have you along with us today. In a moment here, the government is rushing to address this 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.

CAFFERTY: 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 special delivery. And scientists in Japan have made it so that parents may soon be able to translate their baby's babble.

O'BRIEN: Oh, that would be nice.

CAFFERTY: If you listen to it carefully, it sounds a lot like the musing of televisions executives.

O'BRIEN: Uh-oh. It may be less nice. I thought that might be fun to listen in on that.

CAFFERTY: Well, you'll be able to, because you're here and I'm here.

O'BRIEN: If I stay here and you stay there.

CAFFERTY: It will work out. It will work out for you.

O'BRIEN: Thanks, Jack.

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com.


Aired May 24, 2005 - 07:30   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
SOLEDAD O'BRIEN, CNN ANCHOR: Good morning. Welcome back, everybody. It's just about half past the hour on this AMERICAN MORNING.
Coming up, new evidence that al Qaeda may have tried to obtain anthrax.

BILL HEMMER, CNN ANCHOR: We're going to find out in a moment here how close the group came then. That was five years ago. We'll find out what's happening now, too, based on some of these letters put out by the government.

First, the headlines. Back to Carol Costello, as we say good morning to Carol. How are you doing?

CAROL COSTELLO, CNN ANCHOR: Good morning. I'm doing fine. Good morning to all of you.

"Now in the News."

The Senate could vote as early as today on the first of President Bush's judicial picks; this, after a last-minute compromise was reached. Lawmakers agreed not to block a vote on future judicial nominations unless there are extraordinary circumstances. The moves means the nomination of Priscilla Owen and two other nominees will go forward. Two others will remain subject to filibuster.

Authorities in Idaho are still searching for two missing children, but have now cancelled the Amber Alert. A $100,000 reward has been posted for any information leading to the safe return of 8- year-old Shasta Groene and her 9-year-old brother, Dylan. Their mother and brother were found dead last Monday. Authorities say they have no suspects in the killings or the presumed abductions.

The U.S. Supreme Court is taking on its first abortion case in five years. The high court has accepted a case involving a New Hampshire law requiring parents or guardians to be notified if a girl under 18 wants to get an abortion. The case is expected to go before the court in October.

And the side effects from the cholesterol-lowering drug Crestor may be higher than previously thought. Despite government assurances that Crestor is safe, a new study shows it causes more kidney and muscle problems than its rivals. But Crestor's maker says no way. Medical correspondent Elizabeth Cohen will join us in the next hour with more details and tell us who is right and who is wrong.

HEMMER: Yes, wait until then, right?

COSTELLO: Yes.

HEMMER: Thanks, Carol.

A "CNN Security Watch" for you this morning now, details about al Qaeda's efforts to acquire and then develop a chemical weapons program in Afghanistan. The U.S. government on Monday releasing two different letters that describe the terror group's attempts to get weapons-grade toxins like anthrax and ricin.

Our terrorism analyst is Peter Bergen with me from Washington.

Peter -- good morning there.

PETER BERGEN, CNN TERRORISM ANALYST: Good morning, Bill.

HEMMER: Based on the letters, how close did they get at succeeding at that goal?

BERGEN: Well, I think the letters indicate that they were smart enough to know what they didn't know. And, you know, they started meeting with scientists who could really tell them what they needed. The letters indicate that they were going to laboratories, fairly sophisticated laboratories. It's not clear in which country.

But the letters also indicate that they couldn't get a pathogenic strain of anthrax, the kind of anthrax that we saw in the attacks in Washington and New York and in Florida in the fall of 2001.

So, it's sort of good news and bad news. The good news is they never really acquired, it seems from these letters, the strain of anthrax that can kill lots of people. On the other hand, it indicates that they had sufficient scientific knowledge and also sufficient contacts, that they were going to the right kind of laboratories, where these pathogens might be available.

HEMMER: So, you're saying, based on the letters, there was intent here, but it would take a good deal more in order to acquire and obtain and then deliver ultimately, right?

BERGEN: Yes. I mean, there are some strains of anthrax that will be just used in a vaccine. You know, anthrax occurs naturally in certain kinds of animals. They had access to this kind of low-grade anthrax but not to the pathogenic anthrax.

So, it certainly shows strong intent. And it shows a certain sophistication, because they were aware that there were different kinds of anthrax that they would need. But at least as far as these letters are concerned, it doesn't seem that they have weapons-grade anthrax.

HEMMER: The ultimate question, I think, Peter, is a lot of this information goes back five years. What do we know about their capability since then to acquire, to obtain their pursuit of it? BERGEN: Well, certainly they have a very strong desire to just, you know, any kind of weapon of mass destruction. We've seen allegations of a potential radiological bomb attack in the United States. A Hispanic-American called Jose Padilla has been in prison on that charge. We also have seen in Europe a number of examples of people developing low-grade chemical weapons or interest in biological weapons.

How far have they got overall? I think most of these, it's very amateur. It's not like they have a real program. One of the best things about the war in Afghanistan is it disrupted their weapons of mass destruction program, which was relatively sophisticated. Now, people are all dispersed. You know, they may be, you know, researching stuff on the Internet. But I don't think that they've got much further than they were in Afghanistan.

HEMMER: Peter Bergen from D.C. Thank you, Peter. Good to speak to you, as always.

BERGEN: Thank you.

HEMMER: Stay with CNN day and night for the most reliable news about your security on this and many more topics throughout the day here.

Here is Soledad across the room now.

O'BRIEN: Bill, thanks.

The Army is now apologizing to the family of Pat Tillman. The former pro football player was killed in action in Afghanistan a year ago. Since then, his parents have pressed the Pentagon to reveal the full story behind his death.

Jamie McIntyre has our report.

(BEGIN VIDEOTAPE)

JAMIE MCINTYRE, CNN SR. PENTAGON CORRESPONDENT (voice-over): By the time of his memorial service May 3, 2004, the Army already knew the sad truth. Corporal Pat Tillman, the former NFL player who gave up a multimillion-dollar football deal to serve his country as an Army Ranger, died from friendly fire 11 days earlier.

The Army had rushed to approve his posthumous Silver Star, and the accompanying citation sang his praises. Tillman died, it said, engaging a well-armed enemy, while displaying audacious leadership and issuing commands to take the fight to the enemy.

His parents now charge it was all a sham and a cover-up.

Tillman's father, Patrick Sr., told "The Washington Post": "They realized that their recruiting efforts were going to hell in a hand basket if the truth about his death got out. They blew up their poster boy." An Army investigation that has not yet been released found that there was no official reluctance to report the truth. But an Army official confirms to CNN the report also concluded the failure to acknowledge Tillman was killed by friendly fire created an atmosphere of suspicion on the part of the family.

And in a statement, the Army told CNN: "The Army made mistakes in reporting the circumstances of his death to the family. For these, we apologize. We cannot undo those early mistakes. In the 393 days since his death, the Army actively and directly informed the Tillman family, keeping them apprised of the results of three separate investigations, to answer questions with candor and completeness."

(on camera): Among the mistakes, an Army official concedes, was keeping Tillman's own brother in the dark for over a month, even though he's also an Army Ranger in the same unit and was there at the time. But the Army insists that Tillman deserved his Silver Star, which can only be awarded for gallantry against an enemy force. The Army argues that Tillman's courage under fire came well before the tragic accident that claimed his life.

Jamie McIntyre, CNN, the Pentagon.

(END VIDEOTAPE)

O'BRIEN: Pat Tillman's father tells the "San Jose Mercury News" that he believes he will never hear the truth about his son's death. He wants everyone in the chain of command to face discipline -- Bill.

HEMMER: It's about 23 minutes now before the hour. Another check of the weather.

(WEATHER REPORT)

O'BRIEN: Well, if your favorite drink is Coke, you might want to stock up. Andy tells us why supplies could soon run low. He's "Minding Your Business" ahead.

HEMMER: Also, who some consider the most controversial judge at the center of all of this Senate filibuster showdown material in D.C., a showdown of the woman who could be approved as soon as today. That's next here on AMERICAN MORNING right after a break.

(COMMERCIAL BREAK)

O'BRIEN: After that late-night Senate agreement on filibustering judges, Judge Priscilla Owen could be approved for the federal bench as soon as today.

John King now on Judge Owen, why she's at the center of this battle between Republicans and Democrats.

(BEGIN VIDEOTAPE)

JOHN KING, CNN SENIOR WHITE HOUSE CORRESPONDENT (voice-over): Priscilla Owen is an evangelical Christian, a Sunday school teacher and a Texan, which of all the fights over the president's judicial nominees makes this one personal. To supporters a soft-spoken, meticulous jurist, who knows her job is to interpret the law, not write it.

GREG ABBOT, TEXAS ATTORNEY GENERAL: She is a person who believes in what is called strict construction. She will not legislate from the bench.

KING: To critics a conservative ideologue, bent on using judicial powers to erode abortion rights and to protect big business at any cost.

CRAIG MCDONALD, TEXANS FOR PUBLIC JUSTICE: Owen is unique. We term her as serial activist.

KING: Priscilla Owen was born in a small farm and fishing village. From the beginning an animal lover. Her father died when she was just 10 months old. Faith was a constant as was determination. Treasurer of the Richland High School Class of '72, then Baylor, and Baylor law. The highest score on the state bar exam in 1977 sent her into private practice with a focus on energy.

Then came 1994. Texas elects its judges, and Owen was an overwhelming underdog when she agreed to run for the state supreme court. Her political consultant had another underdog on the Texas ballot that year. Karl Rove was as much a winner come November as Priscilla Owen and George W. Bush.

Eleven years later, Rove is the deputy White House chief of staff, a key Owen backer. And such a larger-than-life presence in both Washington in Austin that Owen backers feel compelled to play down his role.

ABBOTT: Karl Rove isn't the one who scored the highest score on the state bar exam. Karl Rove is not the person who did all the great things that Priscilla Owen did, either as a lawyer or as a justice. He didn't write her opinions for her.

KING: Owen is active in this evangelical Church, and advocates of abortion rights see religion, not an even-handed jurist. In opinions that a minor seeking an abortion must demonstrate "she understands some women have experienced severe remorse and regret," and demonstrate she "has considered that there are philosophic, social, moral and religious arguments that can be brought to bear when considering an abortion."

UNIDENTIFIED FEMALE: The truth, the whole truth, and nothing but the truth...

KING: Back in 2002, Owen told the Senate Judiciary Committee her language had nothing to do with her faith.

JUDGE PRISCILLA OWEN, TEXAS SUPEME COURT: It's straight out of a majority opinion from the U.S. Supreme Court.

KING: Another abortion case put her at odds with Alberto Gonzales, then an Owen colleague on the Texas high court, now the Bush administration attorney general.

ALBERTO GONZALES, ATTORNEY GENERAL: I have never accused her of being an activist judge.

KING: But five years ago, Gonzales said Owen and two others on the court wanted to go beyond the state legislature and create hurdles for minors seeking to bypass parental notification, something Gonzales characterized as unconscionable judicial activism. Again, Justice Owen told the Senate her position was consistent with U.S. Supreme Court rulings, and that personal views never affect her legal judgments.

OWEN: My position is that Roe v. Wade has been the law of the land for many, many years now.

KING: Those who paint Owen as zealously pro-business cite rulings favoring Enron and other energy interests, and the heartbreaking case of Willy Searcy, paralyzed and on a ventilator at 14 after a 1993 car accident. The family won a more than $30 million verdict against Ford, but Owen sided with Ford on appeal, ordering a new trial because the suit had been filed in the wrong county.

What stung family attorney Jack Ayres even more than Owen's ruling was that it took her 16 months to write it.

JACK AYRES, SEARCY FAMILY ATTORNEY: I felt that my client and I had been ambushed. My view is that, in this instance, what happened was the court decided that they were going to reverse the case, and they had to find a way to do it.

KING: And Ayres was stunned by this: Even as they ordered a new trial, the justices separately issued this awkwardly-worded paragraph in which they conceded they should have put the case on a fast track.

AYRES: I have never seen anything like this. I'll be in my 35th year soon of practicing law in Texas.

KING: Owen noted in Senate testimony that Willy did not die until three years after her ruling. But also said she was not proud of how long it took to decide the case. The chief justice at the time says Owen and the entire court should have done a better job.

TOM PHILLIPS, FORMER CHIEF JUSTICE, TEXAS SUPEMRE COURT: She works very hard and is very diligent, and sometimes some work gets behind other work when you are doing everything. The Miles case was not our finest hour.

KING: But Phillips supports Owen and says her record is being distorted.

PHILLIPS: The idea that some of these groups are bringing out -- that she has an agenda, that she is not following the law -- is just -- is absolutely false. She is a rule-of-law judge.

KING: There is no question Justice Owen finds herself in a partisan brawl that goes well beyond any one nomination. But the fact that she was re-nominated after Democrats defeated her a first time and that she shares the president's Texas roots makes this one unique.

John King, CNN, Austin, Texas.

(END VIDEOTAPE)

O'BRIEN: Senate Majority Leader Bill Frist says he's got enough votes to confirm Judge Owen, as well as Janice Rogers Brown and William Pryor -- Bill.

HEMMER: In a moment here, why Coca-Cola may become scarce on store shelves. Andy has that, "Minding Your Business" next here on AMERICAN MORNING.

(COMMERCIAL BREAK)

HEMMER: Welcome back, everyone.

Some stores may be seeing a shortage of Coca-Cola to stock up on. With that and a look at the markets, they were up again. Again yesterday.

ANDY SERWER, "FORTUNE" MAGAZINE: I'm responsible for that.

HEMMER: And here's your guy. What's happening, Andy?

SERWER: Not a lot. Well, a whole lot actually. Let's talk about what's going on with Coca-Cola. Workers at two facilities -- one in California and one in Connecticut -- are on strike; 2,100 workers went out on strike. They're striking Coca-Cola Enterprises. That's a separate company that bottles Coke for Coca-Cola.

L.A. and Hartford, they're striking over health care benefits. And they're saying that they could make Coca-Cola -- there's the rat. The rat shows up. If you don't have the rat, you don't have a strike. They say that they're going to make Coca-Cola scarce over this Memorial Day holiday. If the weather keeps up like this in the Northeast, I'm going to be drinking hot cocoa anyway, because, baby, it is cold outside.

But the company responds, saying that there will not be a shortage of Coca-Cola. There are dozens of plants around the country. And so, it remains to be seen how much leverage these strikers have at this point.

The market up again, Bill, as you indicated, five out of six past days, you can see here. Stocks were boosted yesterday by a report that Apple will use chips by Intel that would make Macs cheaper. And you see here, we're above 10500 for the first time in six weeks. But I'm sorry to say that futures are pointed a little bit lower this morning.

HEMMER: Well, they were lower at this time yesterday, right? Don't lose hope.

SERWER: OK.

HEMMER: You're a guy.

SERWER: It springs eternal.

HEMMER: Remember?

SERWER: Yes, OK, well, thank you.

HEMMER: Thank you, Andy.

SERWER: All right.

O'BRIEN: You're a man, Andy.

SERWER: Yes, I know.

O'BRIEN: A Supreme Court decision is the focus of the "Question of the Day." Good morning.

JACK CAFFERTY, CNN ANCHOR: Thanks, Soledad.

The Supreme Court of the United States ruled on Monday that convicted murderers cannot be shackled and chained in court during the sentencing phase of their trials. The court said that visible restraints could adversely affect the jury's perception of the defendant, which is the same defendant that the jury has already convicted of murder. Hello?

The two dissenting justices pointed to the -- quote -- "dire security situation faced by this nation's courts."

The question this morning is: Should convicted murderers be shackled when appearing in court for sentencing?

Michael in South Carolina: "Of course, they should. They've been convicted. They have nothing to lose by trying to escape. Common sense has to be used."

Nathan in New Jersey: "Most states never get around to actually executing convicted murderers, even after they've been sentenced to death for the most heinous of crimes. Why should you expect them to be shackled for sentencing?"

Jim in Florida writes: "They need only be cuffed if there are guns in the courtroom. No lethal weapons, no lethal problems."

Robert in Florida writes: "Of course, convicted murderers should be shackled at sentencing hearings. They've proven their disregard for the lives of others. They are dangerous. Where have prudence and sensibility gone?"

And Robert in Washington writes: "With all of the technology today, I think the defendant should never even leave the jail cell. Bring the court to him via TV cameras. Make the punishment available to anybody who wants to watch."

O'BRIEN: It's kind of a bizarre ruling when you consider... SERWER: Right.

O'BRIEN: ... that these are the same jurors, as you mentioned, who just -- you know, who pretty much know everything about the defendant you need to know.

SERWER: And so, the shackling would prejudice the jury that...

O'BRIEN: He looked like a bad -- worse guy.

SERWER: Right.

CAFFERTY: It violates their right to due process.

SERWER: Right.

CAFFERTY: That's what the quote said.

SERWER: Well, yes.

O'BRIEN: Very rarely do I want to read a Supreme Court decision further, but I think this might be one you'd want to understand a little bit.

SERWER: Yes, right.

O'BRIEN: It's kind of bizarre. Jack, thanks.

CAFFERTY: Yes.

O'BRIEN: Well, just how close did the Senate come to facing the so-called nuclear option? Senator John McCain helped put the 11th- hour deal together. He joins us next. Stay with us. You're watching AMERICAN MORNING.

(COMMERCIAL BREAK)

HEMMER: Get the latest news every morning in your e-mail by signing up for AMERICAN MORNING quick news at CNN.com/am.

Important information ahead for people who take Crestor to lower their cholesterol. There is new data on side effects and raising questions about its safety. We'll get to that at the top of the hour here on AMERICAN MORNING.

(COMMERCIAL BREAK)

O'BRIEN: 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. A 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.

HEMMER: Good morning, everybody. It's 8:00 here in New York City, a rainy New York City with us today.

O'BRIEN: Again.

HEMMER: It's going to happen again and again and again, yes. A hot tub.

O'BRIEN: Yes, not the pool, but the hot tub (INAUDIBLE).

HEMMER: Good to have you along with us today. In a moment here, the government is rushing to address this 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.

CAFFERTY: 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 special delivery. And scientists in Japan have made it so that parents may soon be able to translate their baby's babble.

O'BRIEN: Oh, that would be nice.

CAFFERTY: If you listen to it carefully, it sounds a lot like the musing of televisions executives.

O'BRIEN: Uh-oh. It may be less nice. I thought that might be fun to listen in on that.

CAFFERTY: Well, you'll be able to, because you're here and I'm here.

O'BRIEN: If I stay here and you stay there.

CAFFERTY: It will work out. It will work out for you.

O'BRIEN: Thanks, Jack.

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