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American Morning

NYC Still Moving; Al-Zarqawi Freed?; Troubled Patriot Act; Wintry Misery

Aired December 16, 2005 - 06:00   ET

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

MILES O'BRIEN, CNN ANCHOR: Good morning. Happy Friday to you. Welcome to AMERICAN MORNING. I'm Miles O'Brien.
SOLEDAD O'BRIEN, CNN ANCHOR: And I'm Soledad O'Brien.

Let's talk strike and there is no strike so far. Seven million riders are OK to take the subways and the buses here in New York City. No deal yet, though, either. We're expecting a very important announcement any moment.

And here's a question for you, did the president allow Americans to be spied on? There is a report from "The New York Times." We're going to take a look at that this morning as well.

M. O'BRIEN: The most wanted man in Iraq slips away. How did Zarqawi simply walk out of an Iraqi prison? We'll go live to Baghdad with some answers.

And the aftermath of that ice storm. The worst of it may not be over, folks. Your full forecast coming up.

Also this, the end of an era on the radio, Howard Stern signs off the airwaves in just a few hours. Of course he won't really be gone for too long.

S. O'BRIEN: No, he won't.

Welcome, everybody.

Let's get right to the questions about whether there is going to be a strike or not among transit workers here in New York City. Some seven million commuters all breathing a sigh of relief, at least for now.

Take a look at this, you can see the podium being set up. We're expecting any moment an announcement from members of the union. No word, though, no initial sense of what they are going to be announcing. They have been working through the night. You'll recall the strike deadline was right at midnight, but that deadline pushed back and pushed back and pushed back until the early morning hours. And now negotiations have broken off.

Let's get right to Allan Chernoff. He's been watching all of this. He's at Penn Station in New York.

Hey, Allan, good morning. ALLAN CHERNOFF, CNN CORRESPONDENT: Good morning to you, Soledad.

And pushed back is really the key phrase here. And let's not expect that press conference from the union to begin anytime in the immediate future because everything does seem to get pushed back in all of these negotiations and also in the union discussions.

Now, as you mentioned, the trains and buses are moving this morning. So we've got the morning rush hour just going ahead just fine, no problems over there.

In terms of the negotiations, they continued through much of the night, broke off a little bit after 4:00. And according to union officials, the union, the transit union now does have some proposals from the Metropolitan Transit Authority on the key issues, wages, pensions and health benefits.

What's happening now is that Roger Toussaint, the head of the union, is discussing those proposals with the executive council of the union. And they are planning to then speak to the media after they have had those discussions, after they have decided exactly what to do, whether they should agree to some of these proposals, whether they should continue negotiating or whether they should actually call a strike.

But for now it really does seem that the morning rush hour here in New York City is going to be just fine. I mean, of course keep in mind the transit union cannot immediately mobilize a strike. But there does remain the possibility that New Yorkers are all commuting into Manhattan, and theoretically they could be a bit stranded if there were to be a strike called later today -- Soledad.

S. O'BRIEN: Yes, no question about that. I think it's why we saw many more cars on the road this morning, people really not sure, frankly, if at the end of the day, excuse me, the trains wouldn't and the buses would be running at all.

Allan Chernoff with an update. Obviously, Allan is going to watch it for us through the morning. And we're going to bring you this union statement when it comes. As Allan points out, could be soon or it could be a little bit later.

Thanks, Allan, appreciate the update -- Miles.

M. O'BRIEN: Either way, Allan has got it covered for us.

What a mess if you're waking up on the East Coast this morning, you're in for a slog to work or to school. In the Mid-Atlantic States, it's the day after a powerful, dangerous storm we told you about yesterday at this time. Matter of fact, we're showing you just those pictures. It's making for extremely hazardous driving again today. Freezing rain pulled down some trees, seen here, knocking out power to thousands of homes as far south as Georgia.

Now the storm is blamed for at least one death in North Carolina, a man crushed by a tree that crashed through the roof of his house. Let's check the forecast now, Jacqui Jeras in the Weather Center with that.

Good morning -- Jacqui.

JACQUI JERAS, CNN METEOROLOGIST: Good morning, Miles.

(WEATHER REPORT)

M. O'BRIEN: All right, Jacqui.

In just a bit we'll check in with one of our reporters there with our affiliate WAGA, get a report from him see how things are doing there.

In the meantime, let's head overseas -- Soledad.

S. O'BRIEN: Yes, let's. In fact, he is the most wanted man in Iraq, and it appears he has slipped through authority's fingers. Abu Musab al-Zarqawi, suspected of leading a terrorist group responsible for suicide attacks and bombings and kidnappings and beheadings, and now there's word that he was in custody and then released by mistake.

Aneesh Raman is live for us in Baghdad this morning.

Aneesh, what happened here?

ANEESH RAMAN, CNN INTERNATIONAL CORRESPONDENT: Soledad, good morning.

We're still everting (ph) the specifics, but Hussain Kamal, the Deputy Minister of Interior in Iraq, told CNN yesterday that at some point last year the Iraqi security forces had in custody Abu Musab al- Zarqawi. He was then released because they did not know his identity at the time.

Now, Kamal isn't telling us anything more than that at the moment, when this happened, how this happened, why they did not know his identity. But we do know of an incident in April of this year, according to two U.S. military officials, where they had intelligence that high level terrorists were at a hospital in Ramadi. An Iraqi Army officer has told us that they believe Zarqawi was there. By the time they arrived there, though, he had fled the scene.

So again, Iraq's deputy minister of interior, very little in terms of the details though, telling us last year they had Zarqawi in custody, they released him, they didn't know who he was -- Soledad.

S. O'BRIEN: Aneesh, I want to ask you a question now on the elections. Seems like there was a strong turnout, and it seems like it was a strong turnout among Sunnis. So what's the next step?

RAMAN: Exactly, a strong turnout reported throughout the country, and specifically, as you say, in those Sunni areas. We're still waiting for official results. Iraq's electoral commission says that could take some two weeks. But we do know all polling stations, they told us today, were kept open yesterday, aside from 12 of them in the volatile Al Anbar Province. Those were closed due to the security situation.

But now we essentially wait for those numbers. Depending on how many seats the Sunnis have, the secular politicians and the more religious politicians, that will determine how long this game of politicking will go to figure out who is going to be the country's next prime minister -- Soledad.

S. O'BRIEN: Lots still to happen. Aneesh Raman for us this morning in Baghdad.

Aneesh, thanks.

CNN has special coverage of this "Turning Point in Iraq?" It's on "ANDERSON COOPER 360." He is live from Iraq all week at 10:00 p.m. Eastern -- Miles.

M. O'BRIEN: There is a report out today that the government spies on American citizens with the approval of President Bush. "The New York Times" saying the national security agency now authorized to listen to people's phone calls, read their e-mails without a court order. The president gave the OK, according to the newspaper, in 2002 after the 9/11 attacks.

Supporters say that's how agents stopped a terrorist plot to attack the Brooklyn Bridge in 2003. But "The Times" says there are some people within the Bush administration that think the Constitution is being violated. Eavesdropping inside the country requires a court order, even under the Patriot Act.

S. O'BRIEN: Concerns over privacy could scuttle several parts, in fact, of the Patriot Act. In about five hours, senators are set for a crucial vote on that act; and it's starting to look like President Bush does not necessarily have the numbers in his favor.

CNN congressional correspondent Ed Henry has details for us.

(BEGIN VIDEOTAPE)

ED HENRY, CNN CONGRESSIONAL CORRESPONDENT (on camera): It's do or die time for 16 provisions of the Patriot Act set to expire at the end of the month. The measure is facing a filibuster by a bipartisan coalition of senators upset and concerned about civil liberties.

The president weighed in on Thursday, demanding that the Senate act as speaker of the House Dennis Hastert chastised Democrats, saying they are acting irresponsibly and jeopardizing national security.

But the problem for the White House is that Republicans, like Larry Craig and John Sununu, have joined the filibuster. And it's unclear whether Senate Majority Leader Bill Frist has the votes to stop it.

Ed Henry, CNN, Capitol Hill.

(END VIDEOTAPE)

S. O'BRIEN: Ahead this morning, investigators may have found the cause of that deadly plane crash in Chicago. We're going to have the very latest on that just ahead.

M. O'BRIEN: Also, the elections in Iraq. Iraqi troops played a big role in providing security. Are they ready to take over though in any substantial way for U.S. troops?

S. O'BRIEN: And a huge reversal of fortune for one of the big tobacco companies, a $10 billion lawsuit involved. We've got details just ahead. Stay with us.

(COMMERCIAL BREAK)

S. O'BRIEN: Welcome back, everybody.

We're watching it. There's a podium there right in the background, and we're expecting to hear from union officials. We're talking about this threatened New York City transit strike. They have been working through the night to try to hammer out some kind of resolution. Doesn't seem to have made a lot of headway, but we're waiting to hear an official announcement. We're going to bring it to you live as soon as we get that.

M. O'BRIEN: Well, from this part of the world, all the way down to the southern part of the eastern corridor of this country, it's a mess this morning. We have reporters out there checking things out for you, letting you know how your morning commute is going to be.

Kiet Do of affiliate WAGA live from Atlanta.

Kiet, what's going on there?

KIET DO, WAGA-TV REPORTER: Good morning.

We're at the interchange at I-85 and 285 in Metro Atlanta. This is known as Spaghetti Junction. And at this point, it is completely shut down right now. This is remarkable, because this is one of the busiest interchanges in all of Metro Atlanta. It's got the potential to be for a huge traffic nightmare out here.

These flashing lights are with the DeKalb County Police Department. They have now shut down the freeway, not letting anyone on here. If you are going on I-85, you cannot get onto 285 or vice versa. And it's frustrating to them, because people keep coming up to them at the roadblock and asking them what's going on.

DOT workers are now on scene. They have been salting and sanding the overpasses because they have frozen overnight. We got a lot of rain yesterday and the temperatures dipped below freezing last night, so it's making for a virtual ice rink on all the bridges and overpasses out here in Metro Atlanta.

The accidents are too many to count. Dozens out here all along the way, even to our location here. When we were driving here this morning, just a short distance, we saw at least six or seven accidents. No major injuries to report at this point; but again, a potential for a major, huge traffic nightmare out here in Metro Atlanta.

Back to you.

M. O'BRIEN: So, Kiet, with Spaghetti Junction closed down, things do come to a standstill. They saying when they might be able to open it up?

DO: No good word on that yet. And when you talk about a standstill, that's going to be on the surface streets, because people try to go to one freeway or the next. They're going to try to do that with inside roads now and that's going to be the challenge later on this morning.

M. O'BRIEN: Kiet Do with are affiliate WAGA, thank you very much. Stay safe out there.

Carol Costello, good morning to you.

CAROL COSTELLO, CNN ANCHOR: I just can't even imagine how ugly that's going to be.

M. O'BRIEN: Yes. Yes.

COSTELLO: So good luck if you're in Atlanta this morning.

And good morning to all of you.

They are counting the ballots in Iraq after historic parliamentary elections. Proud Iraqis showing off their ink smudged fingers after voting on Wednesday. The ballots were kept open an extra hour in some places because turnout was said to be so high. Election officials say it could take two weeks or more to compile results. The election will fill 275 positions. President Bush has said a more stable Iraq will allow a reduction of American troops in that country.

Talk about a missed opportunity. An Iraqi official says Iraqi security forces arrested suspected terrorist leader Abu Musab al- Zarqawi last year and then released him by mistake. Iraq's deputy minister of interior confirms to us that al-Zarqawi was released because guards simply didn't know who he was. The U.S. is offering a $25 million reward for his capture.

A big vote today in the Senate, it's scheduled to vote to end debate on the act. Provisions of the act aimed at catching terrorists before they strike are set to expire at the end of December. The House has already approved its version of the bill. Critics say it gives police too much power. That would be the Patriot Act.

Investigators say a Southwest plane may have needed more runway. Federal investigators say the pilots landed too late, they overshot the landing zone at Midway Airport in Chicago and lost out on about 800 feet of runway space. Just to make it simple for you, they landed too late and the runway was too short. The Southwest Airlines jet crashed through the airport fence onto a street, killing a 6-year-old boy. The preliminary report also cites a tailwind as a factor in that crash.

When it comes to running the nation it is never too early to talk about potential candidates. It's just fun. A CNN-"USA Today"-Gallup Poll asked who you want in the White House in 2008. Among Republican voters, nearly a third like former New York City Mayor Rudy Giuliani. Arizona Senator John McCain is favored by 22 percent, while Secretary of State Condoleezza Rice comes in with 18 percent.

On the Democratic side, Hillary Clinton favored by 43 percent. Senator John Kerry, a candidate in 2004, as you well know, and his running mate, the former Senator John Edwards, they each get 14 percent.

See it's interesting, isn't it?

In San Francisco, police officers suspended over that racy video are back on the job this morning. The city's police chief announced the officers suspension nine days ago, saying the videos were -- quoting here -- "egregious, shameful and despicable acts." The chief says while the suspensions have been lifted, some of the officers could face disciplinary actions. The videos were made for an officer's going away party.

Let's head to the Forecast Center, because the weather is of great interest to many people in this country this morning -- Jacqui.

JERAS: Yes, it is. And those travelers are going to have big trouble across the northeast today.

(WEATHER REPORT)

S. O'BRIEN: All right, Jacqui, thank you very much.

Business news now, a reversal of fortune for one American tobacco company.

Carrie Lee has got that. She's got a "Financial News Update" for us.

Who are we talking about?

CARRIE LEE, CNN CORRESPONDENT: Philip Morris USA, Soledad and Miles, a big win for the company. The Illinois Supreme Court has thrown out a $10.1 billion verdict against the company, a judgement against the company over light cigarettes.

Now the suit had alleged Philip Morris defrauded consumers into thinking light cigarettes were safer than regular brands. Well this court basically says federal laws on labeling and advertising of cigarettes preempt claims under Illinois law.

Now this suit, the smokers were awarded the $10 billion in 2003. Philip Morris has appealed. And this really sets the precedent for other cases against big tobacco regarding light cigarettes. And there are at least 25 against Philip Morris alone.

Altria, Philip Morris' parent company, no surprise, soared on this news yesterday. Up 4 percent to an all-time high of about $76 and change. Take a look at this stock chart, you can see that nice jump at the end.

Also, this paves the way for Philip Morris, for Altria, really, to move forward in spinning off its Kraft Foods unit. It has a majority stake. This is something they are working on towards -- that's one of their goals going forward. So unlocking some shareholder value there.

M. O'BRIEN: So that's the last we're going to hear of this, or will there be an appeal, is that it?

LEE: Well, it certainly sets the precedent. A lot of these other cases, and, as I said there were dozens, could simply be dropped. People think, well, maybe it's not worth pursuing this after all.

M. O'BRIEN: All right. Thank you, Carrie. Appreciate it.

LEE: Sure.

S. O'BRIEN: Thanks.

M. O'BRIEN: Carol, what have you got going on in "Morning Coffee" this morning?

COSTELLO: Well, let me tell you, Miles.

Here is the question just about every expectant mom gets, is it a boy or a girl? Well, the answer may depend on how long it took mom to get pregnant. Yes, that could determine your child's sex. We'll have much more in this "Morning Coffee."

(COMMERCIAL BREAK)

M. O'BRIEN: Seven million people in the New York City area, the Tri-State area, as they say, wondering this morning what's going to happen with the buses and subways. Well they're rolling this morning, but there is no agreement just yet. Live pictures from union headquarters, upper west side of Manhattan. We're expecting an announcement shortly. The talks are in the midst of a break. And, as we say, for now, the transit system is still working. What will happen later? Stay tuned, we'll let you know.

(COMMERCIAL BREAK)

COSTELLO: Is that that video with the morphing of the faces?

S. O'BRIEN: Yes.

COSTELLO: This is a cool video.

M. O'BRIEN: Yes. Yes, yes, yes, yes. COSTELLO: Remember that? I can just see them and they, you know, like...

(CROSSTALK)

COSTELLO: ... and it turns into some...

M. O'BRIEN: That guy from Dubai, what's his name again?

COSTELLO: I don't know the maker, but it was a cool video to this song.

M. O'BRIEN: Michael Jackson.

S. O'BRIEN: Michael Jackson.

M. O'BRIEN: Yes.

S. O'BRIEN: It was a very...

COSTELLO: That's who you were talking about.

M. O'BRIEN: It was a lame joke.

S. O'BRIEN: That's a terrible joke.

M. O'BRIEN: You know I think I need a little coffee.

COSTELLO: A little coffee talk? OK.

S. O'BRIEN: Yes.

M. O'BRIEN: Could you share with us, please?

COSTELLO: All right.

We start with a party that got sort of out of hand. Did you hear about this? I'm sure you heard about the party with the Minnesota Vikings. Well now four players from the Minnesota Vikings are charged with misdemeanors stemming from that supposed sex boat party in Lake Minnetonka. They are charged with indecent and lewd conduct. They face up to nine months in jail each. So we'll keep you posted.

In the meantime, Detroit Lions fans are getting more serious about their desire to get rid of their general manager, Matt Millen. You remember this guy, he was holding the fire Millen sign in the stadium and security came and threw him out because supposedly you're not allowed to have signs like that. And the fans around him were cheering yes, you go, fire Millen.

Well, fire Millen Web sites are now popping up. There's this one, it's firemillen.com. There's the Web site. There is also firemillen.net. And there's even an angry fan march scheduled Sunday for the next home game. An angry fans march.

S. O'BRIEN: The fans are marching? M. O'BRIEN: And...

COSTELLO: The fans are marching on the stadium. And there's extra security inside the stadium because they figure that everybody will be holding these signs to fire Millen.

M. O'BRIEN: So Detroit Lions security is showing up at all their houses now and the Web sites and...

COSTELLO: It's getting serious. I mean, no, seriously, it's getting, like, dicey now.

There also was an interesting ticket contest to the Lions game. To win tickets to the Lions game this weekend, fans had to finish this sentence. Yes, going to a Lions game can be extremely painful, but it's still better than, and this was our favorite.

Bill Sunderland wrote, "Going to a Lions game is still better than accidentally being hit in the groin by a policeman's Taser as I speak with an obnoxious telemarketer on my cell phone while watching a snow plow crush my car for which I dropped comprehensive coverage yesterday during a search for my lost puppy along a blizzard-choked freeway with no hat or gloves on my way home from being fired. But not much."

(LAUGHTER)

COSTELLO: That's how bad.

S. O'BRIEN: But not much.

COSTELLO: But not much.

M. O'BRIEN: He is a true Lions fan, isn't he?

COSTELLO: My goodness. So anyway, should be an interesting game this weekend. I'm going to have a front row center seat at home. Actually, in a sports bar.

M. O'BRIEN: With a fire Millen sign.

COSTELLO: With a fire Millen sign and a big pile of beer.

M. O'BRIEN: Yes.

S. O'BRIEN: Yes.

M. O'BRIEN: Yes.

COSTELLO: Let's get on to our next story. Scientists think they know why more boys are born than girls. And they have learned that the longer it takes you to get pregnant, the more likely it is you will have a boy. The reason is that the male sperm swim better.

The biology gets a little complicated, but basically the sperm have a tough time getting to where they want to go, so the better swimmers are more successful. Researchers found that women who took more than a year to get pregnant will have a boy 58 percent of the time, and that percentage goes up the longer you go. In fact, using their formula, after 11-and-a-half years you will definitely have a boy.

M. O'BRIEN: Eleven-and-a-half years of what? I mean...

COSTELLO: Of waiting.

S. O'BRIEN: Of time.

M. O'BRIEN: Of waiting, of trying?

COSTELLO: Yes. Yes, because I guess the -- I can't even go into it.

S. O'BRIEN: She's like I can't go into the sperm conversation...

COSTELLO: I'm not going into it. Forget it.

(CROSSTALK)

S. O'BRIEN: ... so early in the morning.

COSTELLO: No, it's too early.

S. O'BRIEN: So we'll move on, but that is...

M. O'BRIEN: It sure would be...

S. O'BRIEN: That's pretty interesting.

COSTELLO: Isn't it interesting?

M. O'BRIEN: That would be a fun 11-and-a-half years at least.

Yes, I've got to go. Got to go.

S. O'BRIEN: Coming up this morning, we're talking about the trains and the buses running here in New York City. Still running, but for how much longer? The very latest on a potentially crippling strike for the nation's biggest transit system. That's just ahead on AMERICAN MORNING. We're back in just a moment.

(COMMERCIAL BREAK)

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