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Rick's List

Supreme Vacancy; Congressman Bart Stupak Announces Retirement

Aired April 09, 2010 - 15:00   ET

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

(BEGIN VIDEOTAPE)

DON LEMON, CNN ANCHOR (voice-over): Here's what's making the LIST.

Another opening on the highest court for President Obama to fill.

His name synonymous with the health care debate.

UNIDENTIFIED FEMALE: Congressman Stupak, who really was our leader in this effort.

LEMON: Now the conservative Democrat throws in the towel.

REP. BART STUPAK (D), MICHIGAN: I have chosen not to continue to serve.

LEMON: Did he give in to pressure from likes of the Tea Party?

UNIDENTIFIED MALE: Bart? No, he's not here.

LEMON: Newt Gingrich rallies the Republican base.

NEWT GINGRICH, FORMER SPEAKER OF THE HOUSE: The president of the United States is the most radical president...

LEMON: We asked, what's motivating him?

And nine months since he went missing in Afghanistan, new video suggests he's alive.

PRIVATE 1ST CLASS BOWE BERGDAHL, U.S. ARMY: Every day, I want to go home.

LEMON: His family's reaction, live this hour, on the LIST.

How did anyone survive this?

UNIDENTIFIED MALE: It wasn't my time yet.

LEMON: By the way, who is paying for these to fly over Augusta National?

The lists you want to know about, who is most intriguing, who is making news on Twitter. Your national conversation starts now.

(END VIDEOTAPE) LEMON: Hello, everyone, Don Lemon in here today for Rick Sanchez.

It is Friday, and you are probably just getting ready for your weekend, slowing down a little bit, but it's been a very busy news day. I want to tell you right now what is topping the LIST.

They're going back in. You probably saw some of bit just a little bit ago with Ali Velshi, rescuers in West Virginia gearing up as we speak to go back into the Upper Big Branch Mine to look for four missing miners. Smoke chased them out of that mine earlier today.

Now, after ventilating the mine again, they're sending at least 16 people to check the mine.

Now, if there's no smoke, no dangerous gases, they will head for the rescue chamber to see if it has been deployed.

KEVIN STRICKLIN, ADMINISTRATOR FOR COAL MINE SAFETY AND HEALTH, U.S. MINE SAFETY AND HEALTH ADMINISTRATION: I mean, to go what they go through, they come up to me and they feel sorry for me. And, I mean, the rescuers, as bad as it is, it's nothing close to what these families are going through. I mean, we're going to go home tonight, and these folks, they're not going to take someone home with them.

And they're very strong. They're very compassionate to us. And I would just appreciate you having patience with them, showing them your privacy -- showing -- allowing them to have their privacy at this time of grieving and need.

(END VIDEO CLIP)

LEMON: As rescuers prepare to go into the mine, again, families have begun burying the miners killed in Monday's blast. A funeral for Benny Ray Willingham was held this morning. Massey Energy Company is paying for all of the funerals.

And we -- you also saw here -- if you were watching live here on CNN, you saw the president talked about the people who lost their lives there, the people who are trapped, and really all of the people in West Virginia who are dealing with this. He really saluted the people there, saying -- and also said somewhat of a prayer for him -- for them as he spoke outside of the White House just a short time ago. Let's listen to what the president had to say.

(BEGIN VIDEO CLIP)

BARACK OBAMA, PRESIDENT OF THE UNITED STATES: Now let me say a few words about what has happened in West Virginia.

This has been an unimaginably difficult week for the people who live near Montcoal. Thirty-one workers were inside the Upper Big Branch mine when an explosion ripped through its walls on Monday afternoon. Two were saved. Twenty-five were lost. And for the four who remain missing, we are praying for a miracle.

I want to offer my deepest condolences to the friends and the families of the fathers and the husbands and brothers, nephews and sons who were killed in this accident.

But it's clear that more needs to be done. And that's why I have asked my secretary of labor as well as the head of the Mine Safety and Health Administration to give me a preliminary report next week on what went wrong and why it went wrong so badly, so that we can take the steps necessary to prevent such accidents in the future.

Because mining is a tradition that's often passed down through generations, it's not uncommon to see an entire family choose this line of work. And sadly, when a tragedy like this occurs, it's also not uncommon to lose almost an entire family all at once.

(END VIDEO CLIP)

LEMON: President Barack Obama speaking about the coal miners in West Virginia.

And, again, as we said, rescuers are gearing up to go back into that mine as we speak to look for four missing miners. Well, you're going to follow it here on CNN. This is really stretching on, and you can only imagine what the families are dealing with there. We're on top of it.

Also, we have some breaking news to show you right now. This is out of Clifton, New Jersey. Look at this. A house exploded, we're told by officials there, again, Clifton, New Jersey, completely destroyed the house. And you can see it in the middle of the screen. Right next to that house, right, the two houses are standing on each side.

One person, we're told, injured in that. We can't tell you really the extent of the damages here. But to this house, it looks like it's completely destroyed. Don't know if this was any damage to the other homes there or exactly what caused this, but, again, Clifton, New Jersey, one person injured. A house just exploded. We're going to check on that for you as well.

Plus, this:

(BEGIN VIDEO CLIP)

STUPAK: Either I run again and I will be there forever, or time to make the break. It's time for me to make the break. It's time for me to move on.

(END VIDEO CLIP)

LEMON: All right, Remember Congressman Bart Stupak during the health care debate? He said , I have to have this one thing or you're not going to get me to sign off on this? Well, Congressman Bart Stupak is now announcing that he went run for reelection. What's going on? Was he forced out because of his health care vote? You will hear his answer. That's straight ahead.

And is today's retirement day -- is it retirement day or what? Because Bart Stupak says he's retiring. The man you see right there, Supreme Court Justice Stevens also announcing his retirement. We will explain all the ramifications of both these stories next.

(COMMERCIAL BREAK)

LEMON: All right.

Before we get to the big impact list, let's talk about this. Let me show you this. Let's go over here.

Here is what Robert Gibbs is saying about -- we're talking about retiring Supreme Court Justice John Paul Stevens. "POTUS talked to retiring Justice Stevens just before walking out to address the press. He thanked the justice for his service to the nation" -- Press Secretary Robert Gibbs saying that. The president came out just about an hour ago and talked about John Paul Stevens stepping down and also talked about the coal miners in West Virginia.

So, that is why this is on our big impact list today. We knew it was coming. It was just a matter of time. As a matter of fact, our own Jeffrey Toobin said he thought it was imminent. It turns out it was today.

Justice John Paul Stevens announces he is retiring. Stevens sent President Obama a letter saying he is leaving right after the court recesses this summer.

That sets up a big opportunity for the president, his second Supreme Court nomination. Listen.

(BEGIN VIDEO CLIP)

OBAMA: I will seek someone in the coming weeks with similar qualities -- an independent mind, a record of excellence and integrity, a fierce dedication to the rule of law, and a keen understanding of how the law affects the daily lives of the American people.

(END VIDEO CLIP)

LEMON: All right, today's announcement could be the setup for a big battle with Republicans just ahead of midterm elections. Both angles are on the LIST today.

So let's start with our senior legal correspondent -- I could call you analyst -- Mr. Jeffrey Toobin.

Hey, Jeffrey, for those who don't watch us...

JEFFREY TOOBIN, CNN SENIOR LEGAL ANALYST: You can call me anything you like.

LEMON: OK. I'm not going to go there.

(LAUGHTER)

LEMON: I almost said something really snarky. It would have gotten us in trouble, though. So, you know, for those who don't watch us, you know, on "Weekend Prime" Saturday and Sunday, you called this, this Saturday. And I said, how long do you think? You said, it should be within the next couple of days, Don. This is imminent. You spoke to him.

So, what does this all mean for the balance of the court, not much for the balance, but a concern about ideology?

TOOBIN: Well, the -- Stevens is the leader of the liberal wing, the four justices on the court who are liberals. Presumably, Obama will appoint someone who is generally in the liberal category, so the balance won't matter that much.

But it is always a big, big deal when a Supreme Court justice leaves or is nominated, because they serve for so long. And even though the balance will not change, the fact that Obama has named, or will have named, two new justices who will serve for a long time gives the liberal side a momentum that will certainly have an impact on how cases are resolved.

Obviously, Anthony Kennedy will remain the swing vote, but it's a great opportunity for President Obama right now.

LEMON: Yes. What is it, 11 days before his 90 birthday, Justice Stevens.

You said it's a great opportunity for President Obama. I don't know, you know, in recent history if any president has had the opportunity to appoint two people so early on in their administration. I know some people have done more, three and maybe four. But, early on, it's within the first year-and-a-half, so he still has the opportunity, may have the opportunity, to be able to appoint someone else.

TOOBIN: Absolutely, and, in fact, several more.

Richard Nixon had four nominees in five-and-a-half years. Ronald Reagan had four nominees, but Reagan served two terms. Bill Clinton had one nominee, had a similar opportunity. He had nominees in his first two years as president. He nominated Ruth Ginsburg and Stephen Breyer in '93 and '94, but then he got no more vacancies.

George W. Bush had no vacancies at all for his entire first term, and then got two in pretty quick succession at the beginning of his second term. It's -- you know, a lot of -- of what we do in covering the news is predictable, but, you know, the rhythms of these nine people are not always predictable.

LEMON: Yes.

TOOBIN: And presidents either get lucky or they don't get lucky. Jimmy Carter is the only president in American history to serve a full term and not have a single chance to nominate someone to the Supreme Court, just the luck of the draw for him.

LEMON: Oh, man. So, you know, your book is called "The Nine." I read that. I was reading an article you wrote for "The New Yorker" a couple weeks back. And you -- I forget the term you used, but you talked about how he sort of assigns things, assigns opinions, persuading other justices to vote certain ways. What is that title? He is the assigner, the decider?

(CROSSTALK)

TOOBIN: It's the assigning power. The way the structure of the Supreme Court works is that, when the chief justice is in the majority in a decision, he gets to assign which justice writes the opinion.

But if the chief justice is in the minority, the senior associate justice, the justice who has served on the court the longest, gets to assign the opinion. And that, for the last -- since 1994, has been Justice Stevens, and he has used that power very cleverly and very carefully to build coalitions, when he gave Justice O'Connor the opportunity to write the famous affirmative action case from the University of Michigan, when he gave Justice Kennedy the opportunity to write Lawrence v. Texas, the landmark gay rights case from 2003.

This is a power that he wielded with great success. The senior liberal in the court now will be Ruth Bader Ginsburg. We don't know how she will be able to do that. She's also 77 years old and has had a lot of health problems, so we don't know how long she will be on the court -- a lot of unknowns.

(CROSSTALK)

LEMON: Stand by. Stand by. We have to get to a break. You know how we do this.

TOOBIN: Yes.

LEMON: I have got to get to a break. Then I will bring you back.

TOOBIN: It's all right.

LEMON: But, again, we shouldn't minimize or underestimate the power of being the person who does the assigning here. The other thing I want to talk to you after the break, Jeffrey, is, how does a Republican become a liberal justice?

So, hold that thought. Jeffrey Toobin is going to stick around with us to answer, what I just asked him and who is on the short list of potential justice candidates.

And Jessica Yellin is going to join us to discuss the political implications of Justice Stevens' retirement. That is next.

(BEGIN VIDEO CLIP)

QUESTION: Tiger, what did today mean to you? What did it mean to you?

TIGER WOODS, PROFESSIONAL: It meant I'm two shots off the lead. That's what it means. I'm here to play a golf tournament.

(END VIDEO CLIP)

LEMON: And there's this story. You know we had to talk about it. Talk about a comeback. Tiger Woods returns to professional golf after nearly half-a-year to have his best Masters opening round ever, rare for any golfer. You will hear his own reaction just ahead.

(COMMERCIAL BREAK)

LEMON: Let's look at our SCOTUS list real quick, because we're getting a tweet in. Here's one from Roy Blunt, congressman from Missouri.

He says: "Justice Stevens is retiring. Obama should nominate a judge who won't legislate from the bench and will interpret the Constitution strictly."

Everybody is talking about it. E-mail boxes were popping today with responses from both sides, Republicans and Democrats. Everybody wants to weigh in on this.

There's only one thing more interesting today than Jessica's list that we talked about right now. And that's the president's short list for the next Supreme Court justice. Justice Stevens announced his retirement today.

And CNN's national political correspondent, Jessica Yellin, joins us from Washington, along with Jeffrey Toobin from New York.

Jessica, get to you really quickly.

So, let's talk about the short list real quick, Jeffrey. Who is on the short list?

TOOBIN: Well, we are inferring who is on the short list. Last time, when Justice Souter retired, there were four justices on the short list. There was Justice Sotomayor, who got it, Elena Kagan, the solicitor general, Diane Wood, a federal appeals court judge in Chicago, and Janet Napolitano, the secretary of homeland security.

If you look at the patterns of presidents, they tend not to reinvent the wheel. They tend to use the same short list and pick someone else, so that would argue that Kagan, Napolitano or Wood are likely choices this time.

And there -- someone said Merrick Garland, right, federal appellate...

(CROSSTALK)

TOOBIN: Merrick Garland is also a possibility. He was considered last time as well. He's a judge on the United States Court of Appeals for the District of Columbia circuit.

LEMON: All right, let's get to our Jessica Yellin now.

So, Jessica, what about the timing here? It's not a huge surprise to the White House. They saw it coming.

JESSICA YELLIN, CNN NATIONAL POLITICAL CORRESPONDENT: Right.

LEMON: So, how soon do we expect the president to name -- to make his choice here?

YELLIN: Well, the president said soon.

Top Democrats I have talked on the Hill are expecting or maybe I should say hoping it will take about two weeks. The president took 25 days to pick Sotomayor, but, again, this time, as Jeffrey made clear, they're further along. So, they have already done interviews, vetted some of the candidates.

Kagan and Wood, for example, have been interviewed. Merrick Garland, my understanding, has not been. But, obviously, that's not hard. I'm hearing that there's not -- there's a sense that he wouldn't want to take Napolitano out of her current job as homeland security chief, but, you know, you never know.

So, the president is ready to go once they make the pick. It will be in the next few weeks. And they already have a confirmation team in place ready to go as soon as he announces this, so it will move at a clip some time in the next few weeks, Don.

LEMON: And you mentioned, too -- I think the next one you mentioned is Judge Diane Wood, you said about her, but, again, next two weeks.

So, all right, Jessica, we have got -- just dealt with the health care, just came back from Prague. Now he's got to deal with economy, the jobs, a fight over health care. He's got to campaign for people for the 2010 midterms.

YELLIN: That's all.

LEMON: How is this going to impact his agenda, yet another thing to just add to the mix?

YELLIN: Right.

OK, two points to make. First of all, by the time he announces and senators take time to research the person, it's going to be summer before a hearing begin.

LEMON: Yes.

YELLIN: So, you do have a window to push ahead on jobs, Wall Street reform, et cetera.

Now, once the hearings begin, expect it to be an exceptionally partisan affair because it's an election year. So, you've got the toxic environment in Washington, plus a campaign. If the president picks a candidate who Republicans consider ultra-liberal, then, yes, he will have a bitter fight on his hands.

Otherwise, I'm told that Republicans actually feel that they got a lot of political mileage just out of the Sotomayor hearings by the objections they raised to her, even though they confirmed her in the end, so we could see a lot of rhetorical fighting, but then an easy confirmation in the end.

LEMON: All right, Jessica.

Hey, Jeffrey, I asked before the break, what does this mean? How does someone who is considered a Republican become a liberal here? And your final thoughts with that question.

TOOBIN: Well, when I interviewed Justice Stevens last month for "The New Yorker," I asked him this direct question: Have you changed or has the court changed?

And he was very emphatic. He said: I was a moderate when I got here. I'm still a moderate. I'm still a centrist. It's the court that has gotten more conservative.

I think there's much to recommend that view. If you look at George W. Bush's appointees, they are more conservative than the justices they replaced, but it is also true that Justice Stevens on certain issues, like affirmative action and civil rights, has moved to the left.

So, you know, it's funny. As we talk about who is a liberal, who is a conservative, these justices rule for so long and rule on so many different issues, it's really folly to predict with any sort of confidence how they will rule and who is what category.

These justices evolve over time, and the best the president and the Senate can do is make an educated guess about what...

(CROSSTALK)

LEMON: Make an educated guess, yes, about that.

It's not me who has gotten conservative. It's the court. That sounds like a movie line, doesn't it? It's not me who has gotten small. It's...

(CROSSTALK)

LEMON: Right?

TOOBIN: Sure. I got it. That movie's long before your time, man, God. I'm impressed that you know that.

LEMON: You would be surprised.

OK, listen, thank you, guys. Really appreciate it. Have a great weekend.

YELLIN: You, too.

(BEGIN VIDEO CLIP)

QUESTION: Tiger, what did today mean to you? What did it mean to you?

WOODS: It meant I'm two shots off the lead. That's what it means. I'm here to play a golf tournament.

(END VIDEO CLIP)

LEMON: Is he lucky or is he just being Tiger? Woods is -- you know, he's away from golf for nearly six months, right? And then he returns to the Masters to have his best opening round. We will tell you about that.

And look at this. How does a cow get stuck in a storm drain? And, more important, how do you get it out? We will find out.

(COMMERCIAL BREAK)

LEMON: Boy, it certainly is a beautiful afternoon here in Georgia to hit the links, play some golf.

And at the top of our list of athletes seeking redemption is a professional golfer at a little tournament in Augusta, Georgia. We're of course talking about Tiger Woods at the Masters this week. Tiger started today two shots off the lead. He is six under particular, which makes him tied for third place.

So, coming into the tournament yesterday, we wondered how fans would treat him. The crowds were gigantic and loud. Basically, they pretty much look like they about before that sex scandal. Another big question, would Tiger be back on his game after being away for so long? It turns out he had his best opening round ever at the tournament.

Tiger addressed the media after play yesterday and was asked about his psyche and if he has changed. He basically shrugged off what he considered non-sports questions, saying that he was just playing golf.

He also talked about his late father in the new Nike ad and about Billy Payne's public rebuke earlier this week

(BEGIN VIDEO CLIP)

WOODS: Well, I think it's very apropos. I think that's what my dad would say. And it's amazing how it -- how my dad can speak to me from different ways, even when he's long gone. He's still helping me. And I think any -- any son who has lost a father and who meant so much in their life, I think they would understand the spot.

UNIDENTIFIED MALE: Yes, sir?

QUESTION: Yes, Tiger, Billy Payne said some pretty tough things about you yesterday. Did he say those to you personally before he said them to all of us? Did you discuss that with him?

WOODS: Yes, we did have a conversation. Yes, we did.

QUESTION: (OFF-MIKE) what he said? WOODS: I was disappointed in myself, too.

(END VIDEO CLIP)

LEMON: Tiger Woods having his best opening round ever at that tournament. Make sure you stay here with CNN for the latest news coming up on the Masters.

Plus, this:

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: I didn't throw anything. That's for sure. I didn't provoke him in any way.

(END VIDEO CLIP)

LEMON: All right, so a passenger claims he didn't provoke a fight with a city bus driver. So, who did? It's all caught on cam. You are going to see it play out, next.

And remember Private 1st Class Bowe Bergdahl? He's the only American soldier still missing from the war in Afghanistan, and you will hear from a family spokesperson straight ahead.

Hey, you want to be on the show? All you have to do -- you can do it in two ways. You can call this number, 1-877-4CNN-TOUR, or you can go online, CNN.com/tour, and look there.

(COMMERCIAL BREAK)

DON LEMON, CNN ANCHOR: Welcome back, everyone, Don Lemon in today for Rick Sanchez.

You know the yellow line on the bus that you're not supposed to cross? Yes, not a good idea to cross that line. Case in point, the first item in "Las Fotos del Dia," our list of the day's best videos.

Our first stop today, San Antonio. A bus driver and passenger play a rough game of tit for tat -- not tit for tat, but hit for tat. They warm up with a few choice words. Then see the pitch, the catch, and the swing and as rick would say, "Down goes Frazier!" So listen to what the passenger said after that.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: I didn't throw anything. That's for sure. I didn't assault him in any way.

(END VIDEO CLIP)

LEMON: "I didn't throw anything." There's the video, man.

He went on to say he was on feign medication which probably didn't mix well with the alcohol. He was charged with public intox. And the bus driver has been suspended for two days for getting off the bus. South Florida now, a woman, a man, and another man in a wheelchair enter a jewelry store, right? Sounds like a joke, it's not. Once inside, the disabled guy miraculously regains use of his legs. Funny how that happens. He maces the guard and the trio makes off with several Rolex watches worth $500,000. The woman, it's actually a dude, a man, wearing a wig. There you go.

Let's go to Utah now. What's trapped in a storm drain? Yes, it is a cow. Apparently it walked into an opening in the storm drain system it got stuck. Ouch! Crews came to the rescue tearing up the road and hoisting the cow out. It is now back on a nice green pasture. How did the cow cross the road?

(BEGIN VIDEO CLIP)

NEWT GINGRICH, (R) FORMER HOUSE SPEAKER: The president of the United States, the most radical president in American history, has now thrown down the gauntlet to the American people. He has said, "I run a machine. I own Washington. And there's nothing you can do about it."

(END VIDEO CLIP)

LEMON: President Obama getting attacked from the right. But is he right? We'll drill down on that, just ahead.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Somebody's watching over me. It wasn't my time yet.

(END VIDEO CLIP)

LEMON: Yes, and this was breaking news yesterday on this program, if you were watching. Do you remember the truck driver that was dangling off the edge of that interstate? The rest of his story's even better than you think. Unbelievable. That is coming up next.

(COMMERCIAL BREAK)

(BEGIN VIDEOTAPE)

DR. SANJAY GUPTA, CNN SENIOR MEDICAL CORRESPONDENT: Madonna Redman is on a mission. We met her two years ago right here in one of the toughest neighborhoods of Chicago, the last place you'd expect to find a garden. That's exactly what she showed me.

GUPTA (on camera): What are we growing in here?

UNIDENTIFIED FEMALE: Any number of things. Those are collard greens on the far aisle there.

GUPTA (voice-over): Redman led an effort to start what she calls urban farm sites. Why? Because no matter how hard she tried, she couldn't find any fresh produce in the neighborhood.

UNIDENTIFIED FEMALE: If you wanted to, you can buy illegal drugs. You can get access to a variety of illegal drugs. If you wanted to buy a gun, you could buy a gun in this community. But if you wanted to find an organic tomato in this community, if you didn't want to come to our urban farm site, you wouldn't be able to find one.

GUPTA: With few grocery stores nearby, most people do their shopping at this convenience stores like this one, except they are full of chips, sugary drinks, and candy. And according to a new study by the journal "Pediatrics" shopping at these convenience stores is part of what's making our kids fat.

Researcher talked to more than 800 kids outside convenience stores and found that on average they were eating 356 empty calories at every stop.

GUPTA (on camera): What are you guys buying in there?

UNIDENTIFIED MALE: Chips.

GUPTA: Chips? Let me see.

GUPTA (voice-over): But in lower-income minority communities like this one, where high blood pressure, diabetes, and obesity runs rampant, Redman says we can't afford to ignore the issue.

UNIDENTIFIED FEMALE: There has to be a system that healthy living and a healthy lifestyle is a must.

GUPTA: So, now, two years after we first met her, Madonna's adding "store owner" to her profession.

UNIDENTIFIED FEMALE: And our project really tries to bring healthy lifestyles to the hip-hop generation.

GUPTA: All in the hopes that the she can change the tide in the ever- growing storm of obesity.

Dr. Sanjay Gupta, CNN, reporting.

(COMMERCIAL BREAK)

LEMON: This next story proves when it's your time, it's your time. And when it's not your time, it's not your time. Listen closely. The story behind this amazing video we showed you yesterday.

A burned-out hulk of a truck dangling over a bridge after it was clipped by a dump truck catching fire. This was Louisville, Texas -- again, breaking news yesterday. It's hard to believe anyone survived any of this, but everyone walked away, including the truck driver, whose name is Randy Pierce. He jumped out of that burning cab.

(BEGIN VIDEO CLIP)

RANDY PIERCE, TRUCK DRIVER: I went out the driver door where the flames was, it was straight down. So, I went out the passenger door. Somebody was watching over me. It wasn't my time yet.

(END VIDEO CLIP)

LEMON: He said it. OK, so, get this, the name of the company that owns the truck? I kid you not -- A Leap of Faith.

(BEGIN VIDEO CLIP)

BERGDAHL: I miss them, I love them. And I pray to god to see them again.

(END VIDEO CLIP)

LEMON: He is the only American soldier missing from the war in Afghanistan, and his family wants him back. And you'll hear from them next.

And civilians in Afghanistan are killed during a military raid. We'll tell you why the U.S. is apologizing. It is a CNN exclusive report. That's straight ahead.

LEMON: A lot of you are tweeting about some of the subjects we're covering here today on CNN. And some of them are about the Republican conference going on down in New Orleans. We heard Sarah Palin speak earlier. We just played a sound bite from Newt Gingrich, and, again, this is very honest feedback.

"Which rock did they drag Gingrich from under? Haven't come across anyone of any ethnicity that likes him, even in Georgia." That's what he says.

Someone responded to a re-tweet. They said "Sarah Palin, my team and I were in the back. Sarah Palin said "who dat?" It was pretty funny listening to her. She's not from New Orleans, Louisiana, as I am. It was interesting to hear her say that."

And the Gregory, who always tweets me. Thank you. You asked me to put you on, and I'm putting you on not because you asked, but you have something pertinent to say. You said "The robber in the wig and he had the nerve to clip it up in the back as to style it, lol."

We're glad no one was hurt in all of that and we thank you for your comments and tweets.

We're following developing news here on CNN. The situation happening in West Virginia, we've been told the miners are getting ready to go back in for the search effort in West Virginia. We're going to let you know exactly how it goes there.

And also we're going to follow the situation happening down in down in New Orleans with the Republicans who are trying to figure out how they'll come together for the 2010 midterms and who might be on the ticket come 2012? Will it be Sarah Palin? Who is it going to be? Who knows? We'll check on that as well.

Meantime, I want to follow-up on a story on "The List" today. We told you about a recording that purportedly shows the only known American soldier missing from the war in Afghanistan. Private first class Bowe Bergdahl was captured last June. This video came from a radical website and they got it from the Taliban. We don't know when it was made and we haven't been able to confirm the details surrounding it, but it is clear the young man is being coached and used for propaganda.

And his heartbreak really is real here. Listen to the family talking about him -- or him talking about his family, I should say.

(BEGIN VIDEO CLIP)

PFC BOWE BERGDAHL, HELD CAPTIVE IN AFGHANISTAN: I miss them. I love them. And I pray to god to see them again. The very last thing is just let me go. Get me to go, just release -- get me to be released. Let me go. Get me to come home. Release me. Get -- you know. Every day I want to go home.

(END VIDEO CLIP)

LEMON: Oh, man, it is heartbreaking to watch.

And so we want to know how Bergdahl's family back in Idaho, how they are doing. So, we're talking to a spokesman for the family, Colonel Tim Marsano from the Idaho National Guard. He's with us from Boise. Good to see you, thank you very much for talking to us. We know it's a tough week for the family. How are they doing?

COL. TIM MARSANO, BERGDAHL FAMILY SPOKESMAN: You know, I'd say the family is doing about as well as you can possibly expect in a very, very difficult situation. It's been nine months now, a very difficult time.

LEMON: Very difficult time. What specifically are they doing to deal with it? I imagine they are turning to faith. Does the colonel have any -- is he married? Does he have any kids, sisters and brothers? Tell us about the family.

MARSANO: Well, the family consists of his parents, Bob and Jenny, and he's got a sister, a brother-in-law, and a very, very close girlfriend. So they're all dealing with this about as well as you could possibly expect, a very, very difficult situation.

One of the things that they're really relying on besides the own strength that comes from their family and friends is the community. And the community of Hailey, Idaho has gotten to great lengths to wrap their arms around this family, and I know that giving them some great comfort.

LEMON: NATO says the Taliban is using, I'm looking at the quote, Bergdahl for propaganda, and it's deplorable, and it fuels efforts to find him. Does that offer any comfort to the family to hear something like that, that they are definitely trying to find him and using any effort that they can?

MARSANO: I think it does. Since this whole thing began, the military has gone to great lengths to ensure that the family is aware of all the efforts, everything that's gone into this great effort to return Bowe Bergdahl safely back to his family. And I know the efforts are helping the family to cope with the very difficult situation.

LEMON: What do you want the public to know, the public watching, about Private Bergdahl?

MARSANO: From what I understand about Private first Bowe Bergdahl, he's an outstanding young man. He's a major part of this family. He is their only some. The family has pleaded with the captors to return him home to his family's arms.

And what the family could really use is what they've gotten, the thoughts and prayers of the community members and from those around the world. They've gotten e-mails and cards and letters and I know it's gone a long way to helping them deal with the very difficult situation.

LEMON: Thank you very much, Colonel Tim Marsano from the Idaho National Guard, a spokesperson for the Bergdahl family. And we wish Private Bergdahl and his family the best. Can you relay that to him for us?

MARSANO: I certainly will pass that one.

LEMON: Thank you very much.

(BEGIN VIDEO CLIP)

REP. BART STUPAK, (D) MICHIGAN: You wonder is it all worth it from the personal toll. If you want to threaten me, fine, but you don't have to call my house at 2:00, 3:00 in the morning and yelling obscenities at my wife.

(END VIDEO CLIP)

LEMON: So, that was congressman Stupak, two weeks -- that's a little weird. People are like, why is that voice coming out of Rick's face? But anyway, that was tape. That was Congressman Stupak two weeks ago on "Rick's List." Today he announces his retirement. We'll hear why, next.

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LEMON: Who's is most intriguing today? We are definitely keeping a list.

OK, so he has been a key player in the debate over health care reform. He took a stand on a controversial issue. He took a lot of flak for it as well. But he says he finally accomplished his main goal, the reason that he ran for office, health care for millions of people.

Now he is making a major life change. He announced today after serving as a congressman for 18 years, he says he is retiring. And we're talking about Democrat Bart Stupak of Michigan.

His anti-abortion stands were part of the health care debate and part of the deal to get the bill passed. He says the threats and nasty comments -- remember that baby killer outburst? He says it didn't have anything to do with his decision.

His announcement today makes him our most intriguing person.

Congressman Bart Stupak says those personal attacks didn't influence his decision to retire, but listen to his wife Laurie at his retirement announcement today talking about the phone calls they received during the health care fight.

(BEGIN VIDEO CLIP)

LAURIE STUPAK, WIFE OF RETIRING CONGRESSMAN: During the recent health care debate, our offices and homes were deluged with calls, many in favor and many against health care reform. Unfortunately, some of those calls were vulgar, cruel, profane, and threatening.

(END VIDEO CLIP)

LEMON: All right, so let's bring in our deputy political director Paul Steinhauser who's in New Orleans for the Southern Republican Leadership Conference. Paul, good to see you.

Clearly it's been an emotional time for the Stupaks, his wife talked about it more than he did. Is he the latest political casualty in the political climate in Washington, and really the ultra-partisan climate?

PAUL STEINHAUSER, CNN DEPUTY POLITICAL DIRECTOR: There is a very ultra-partisan climate right now, no denying that, Don. And it's a really tough for any incumbent running for reelection this year. Polls show that approval ratings for Congress are way down, historic lows.

But Congressman Stupak told Dana Bash, our Congressional correspondent, he said, listen, if I decided to run again I think I would have won. And he has a great record of winning by big margins in that district.

LEMON: And a lot of people feel like they can't make an impact because there's no bipartisanship in Washington. So you're there today at this Republican conference, the governor's conference down in New Orleans, but the tea party movement had targeted Stupak as well, holding several rallies yesterday and today right in his district.

So what do you think the impact of the tea party movement has been and what do you say about the turnout there this fall?

STEINHAUSER: Well, first of all the tea party express, the group that's actually up in his district going after him, targeting him, they're saying that they very much were one of the reasons he decided to step down, that will only embolden their movement.

And their movement is very energetic and very enthusiastic. And take a look at this recent toll, CNN Opinion Research Corporation. We asked who's more energetic when it comes to voting? The Republicans have almost a 20 point edge. Republican are energized, enthusiastic, they're ready to vote. Democrats, the passage of the health care bill may help, but they're not up there yet.

LEMON: And so the Democrats are really trying to hold on to the majority there, right. So how are all these retirements going to change the landscape? Can they hold on to it in both houses?

STEINHAUSER: We were joking that we were almost through this two-week without a retirement by any Democrat. And finally you had Stupak today.

But if you look at numbers, there's just about the same number of Republicans who have retired or are running for higher office as there are Democrats this year. But the Democratic retirements are in some very tough districts the Democrats will have a tough time holding on to.

Remember the magic number is 40, that's what the Republicans need to win back the House.

LEMON: I think you mentioned he could have held on to his seat. His district is a conservative district. Several top Democrats asked him not to retire because they said he could win that seat, he could keep that seat. So what happens now in his own district?

STEINHAUSER: You're right, Nancy Pelosi, the House Speaker, and Steny Hoyer, the number two in the House, called him and asked him not to retire. But this district is going to be very hard for him to hold on, and the now say this district is a tossup without Stupak in the race, Don.

LEMON: The midterms are usually as interesting as the big election years. But I think, Paul, this midterm is going to be a really interesting one to watch and I think people are going to be fired up about it.

Paul, if anyone makes any news down there in New Orleans, would you let us know?

STEINHAUSER: All right.

LEMON: The retirement by Justice Stevens is no surprise to one of his law clerks. She only wishes he had not done it this year. Diane Emmond (ph) is writing a book on Justice Stevens, and she'll join me just ahead to talk about it.

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